Senate Study Bill 3201 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON DVORSKY) A BILL FOR An Act relating to appropriations for health and human services 1 and including other related provisions and appropriations, 2 making penalties applicable, and including effective, 3 retroactive, and applicability date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5118XC (40) 84 pf/jp
S.F. _____ DIVISION I 1 DEPARTMENT ON AGING 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 10,402,577 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 5118XC (40) 84 pf/jp 1/ 95
S.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 5. Of the funds appropriated in this section, $100,000 30 shall be used to provide an additional local long-term care 31 resident’s advocate. It is the intent of the general assembly 32 that the number of local long-term care resident’s advocates 33 as provided in section 231.42 be increased each year until 15 34 local long-term care resident’s advocates are available in the 35 -2- LSB 5118XC (40) 84 pf/jp 2/ 95
S.F. _____ state. 1 DIVISION II 2 DEPARTMENT OF PUBLIC HEALTH 3 Sec. 2. 2011 Iowa Acts, chapter 129, section 114, is amended 4 to read as follows: 5 SEC. 114. DEPARTMENT OF PUBLIC HEALTH. There is 6 appropriated from the general fund of the state to the 7 department of public health for the fiscal year beginning July 8 1, 2012, and ending June 30, 2013, the following amounts, or 9 so much thereof as is necessary, to be used for the purposes 10 designated: 11 1. ADDICTIVE DISORDERS 12 For reducing the prevalence of use of tobacco, alcohol, and 13 other drugs, and treating individuals affected by addictive 14 behaviors, including gambling, and for not more than the 15 following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,751,595 17 26,003,190 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 19 a. (1) Of the funds appropriated in this subsection, 20 $1,626,915 $5,753,830 shall be used for the tobacco use 21 prevention and control initiative, including efforts at the 22 state and local levels, as provided in chapter 142A . The 23 commission on tobacco use prevention and control established 24 pursuant to section 142A.3 shall advise the director of 25 public health in prioritizing funding needs and the allocation 26 of moneys appropriated for the programs and activities of 27 the initiative under this subparagraph (1) and shall make 28 recommendations to the director in the development of budget 29 requests relating to the initiative. 30 (2) Of the funds allocated in this paragraph “a”, $226,915 31 $453,830 shall be transferred to the alcoholic beverages 32 division of the department of commerce for enforcement of 33 tobacco laws, regulations, and ordinances in accordance with 34 2011 Iowa Acts, House File 467 , as enacted chapter 63 . 35 -3- LSB 5118XC (40) 84 pf/jp 3/ 95
S.F. _____ b. Of the funds appropriated in this subsection, 1 $10,124,680 $20,249,360 shall be used for problem gambling and 2 substance abuse prevention, treatment, and recovery services, 3 including a 24-hour helpline, public information resources, 4 professional training, and program evaluation. 5 (1) Of the funds allocated in this paragraph “b”, $8,566,254 6 $17,132,508 shall be used for substance abuse prevention and 7 treatment. 8 (a) Of the funds allocated in this subparagraph (1), 9 $449,650 $899,300 shall be used for the public purpose of a 10 grant program to provide substance abuse prevention programming 11 for children. 12 (i) Of the funds allocated in this subparagraph division 13 (a), $213,769 $427,539 shall be used for grant funding for 14 organizations that provide programming for children by 15 utilizing mentors. Programs approved for such grants shall be 16 certified or will be certified within six months of receiving 17 the grant award by the Iowa commission on volunteer services as 18 utilizing the standards for effective practice for mentoring 19 programs. 20 (ii) Of the funds allocated in this subparagraph division 21 (a), $213,419 $426,839 shall be used for grant funding for 22 organizations that provide programming that includes youth 23 development and leadership. The programs shall also be 24 recognized as being programs that are scientifically based with 25 evidence of their effectiveness in reducing substance abuse in 26 children. 27 (iii) The department of public health shall utilize a 28 request for proposals process to implement the grant program. 29 (iv) All grant recipients shall participate in a program 30 evaluation as a requirement for receiving grant funds. 31 (v) Of the funds allocated in this subparagraph division 32 (a), up to $22,461 $44,922 may be used to administer substance 33 abuse prevention grants and for program evaluations. 34 (b) Of the funds allocated in this subparagraph (1), 35 -4- LSB 5118XC (40) 84 pf/jp 4/ 95
S.F. _____ $136,531 $273,062 shall be used for culturally competent 1 substance abuse treatment pilot projects. 2 (i) The department shall utilize the amount allocated 3 in this subparagraph division (b) for at least three pilot 4 projects to provide culturally competent substance abuse 5 treatment in various areas of the state. Each pilot project 6 shall target a particular ethnic minority population. The 7 populations targeted shall include but are not limited to 8 African American, Asian, and Latino. 9 (ii) The pilot project requirements shall provide for 10 documentation or other means to ensure access to the cultural 11 competence approach used by a pilot project so that such 12 approach can be replicated and improved upon in successor 13 programs. 14 (2) Of the funds allocated in this paragraph “b”, up 15 to $1,558,426 $3,116,852 may be used for problem gambling 16 prevention, treatment, and recovery services. 17 (a) Of the funds allocated in this subparagraph (2), 18 $1,289,500 $2,579,000 shall be used for problem gambling 19 prevention and treatment. 20 (b) Of the funds allocated in this subparagraph (2), up to 21 $218,926 $437,852 may be used for a 24-hour helpline, public 22 information resources, professional training, and program 23 evaluation. 24 (c) Of the funds allocated in this subparagraph (2), up 25 to $50,000 $100,000 may be used for the licensing of problem 26 gambling treatment programs. 27 (3) It is the intent of the general assembly that from the 28 moneys allocated in this paragraph “b”, persons with a dual 29 diagnosis of substance abuse and gambling addictions shall be 30 given priority in treatment services. 31 c. Notwithstanding any provision of law to the contrary, 32 to standardize the availability, delivery, cost of delivery, 33 and accountability of problem gambling and substance abuse 34 treatment services statewide, the department shall continue 35 -5- LSB 5118XC (40) 84 pf/jp 5/ 95
S.F. _____ implementation of a process to create a system for delivery 1 of treatment services in accordance with the requirements 2 specified in 2008 Iowa Acts, chapter 1187, section 3, 3 subsection 4. To ensure the system provides a continuum of 4 treatment services that best meets the needs of Iowans, the 5 problem gambling and substance abuse treatment services in any 6 area may be provided either by a single agency or by separate 7 agencies submitting a joint proposal. 8 (1) The system for delivery of substance abuse and problem 9 gambling treatment shall include problem gambling prevention. 10 (2) The system for delivery of substance abuse and problem 11 gambling treatment shall include substance abuse prevention by 12 July 1, 2014. 13 (3) Of the funds allocated in paragraph “b”, the department 14 may use up to $50,000 $100,000 for administrative costs to 15 continue developing and implementing the process in accordance 16 with this paragraph “c”. 17 d. The requirement of section 123.53, subsection 5 , is met 18 by the appropriations and allocations made in this Act for 19 purposes of substance abuse treatment and addictive disorders 20 for the fiscal year beginning July 1, 2012. 21 e. The department of public health shall work with all other 22 departments that fund substance abuse prevention and treatment 23 services and all such departments shall, to the extent 24 necessary, collectively meet the state maintenance of effort 25 requirements for expenditures for substance abuse services 26 as required under the federal substance abuse prevention and 27 treatment block grant. 28 f. The department shall amend or otherwise revise 29 departmental policies and contract provisions in order to 30 eliminate free t-shirt distribution, banner production, and 31 other unnecessary promotional expenditures. 32 2. HEALTHY CHILDREN AND FAMILIES 33 For promoting the optimum health status for children, 34 adolescents from birth through 21 years of age, and families, 35 -6- LSB 5118XC (40) 84 pf/jp 6/ 95
S.F. _____ and for not more than the following full-time equivalent 1 positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,135 3 2,694,270 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 5 a. Of the funds appropriated in this subsection, not 6 more than $369,659 $739,318 shall be used for the healthy 7 opportunities to experience success (HOPES)-healthy families 8 Iowa (HFI) program established pursuant to section 135.106 . 9 The funding shall be distributed to renew the grants that were 10 provided to the grantees that operated the program during the 11 fiscal year ending June 30, 2012. 12 0b. (1) In order to implement the legislative intent 13 stated in sections 135.106 and 256I.9, that priority for 14 home visitation program funding be given to programs using 15 evidence-based or promising models for home visitation, it is 16 the intent of the general assembly to phase-in the funding 17 priority as follows: 18 (a) By July 1, 2013, 25 percent of state funds expended 19 for home visiting programs are for evidence-based or promising 20 program models. 21 (b) By July 1, 2014, 50 percent of state funds expended 22 for home visiting programs are for evidence-based or promising 23 program models. 24 (c) By July 1, 2015, 75 percent of state funds expended 25 for home visiting programs are for evidence-based or promising 26 program models. 27 (d) By July 1, 2016, 90 percent of state funds expended 28 for home visiting programs are for evidence-based or promising 29 program models. The remaining 10 percent of funds may be 30 used for innovative program models that do not yet meet the 31 definition of evidence-based or promising programs. 32 (2) For the purposes of this lettered paragraph, unless the 33 context otherwise requires: 34 (a) “Evidence-based program” means a program that is based 35 -7- LSB 5118XC (40) 84 pf/jp 7/ 95
S.F. _____ on scientific evidence demonstrating that the program model 1 is effective. An evidence-based program shall be reviewed 2 onsite and compared to program model standards by the model 3 developer or the developer’s designee at least every five years 4 to ensure that the program continues to maintain fidelity 5 with the program model. The program model shall have had 6 demonstrated significant and sustained positive outcomes in an 7 evaluation utilizing a well-designed and rigorous randomized 8 controlled research design or a quasi-experimental research 9 design, and the evaluation results shall have been published in 10 a peer-reviewed journal. 11 (b) “Family support programs” includes group-based parent 12 education or home visiting programs that are designed to 13 strengthen protective factors, including parenting skills, 14 increasing parental knowledge of child development, and 15 increasing family functioning and problem solving skills. A 16 family support program may be used as an early intervention 17 strategy to improve birth outcomes, parental knowledge, family 18 economic success, the home learning environment, family and 19 child involvement with others, and coordination with other 20 community resources. A family support program may have a 21 specific focus on preventing child maltreatment or ensuring 22 children are safe, healthy, and ready to succeed in school. 23 (c) “Promising program” means a program that meets all of 24 the following requirements: 25 (i) The program conforms to a clear, consistent family 26 support model that has been in existence for at least three 27 years. 28 (ii) The program is grounded in relevant empirically-based 29 knowledge. 30 (iii) The program is linked to program-determined outcomes. 31 (iv) The program is associated with a national or state 32 organization that either has comprehensive program standards 33 that ensure high-quality service delivery and continuous 34 program quality improvement or the program model has 35 -8- LSB 5118XC (40) 84 pf/jp 8/ 95
S.F. _____ demonstrated through the program’s benchmark outcomes that the 1 program has achieved significant positive outcomes equivalent 2 to those achieved by program models with published significant 3 and sustained results in a peer-reviewed journal. 4 (v) The program has been awarded the Iowa family support 5 credential and has been reviewed onsite at least every five 6 years to ensure the program’s adherence to the Iowa family 7 support standards approved by the early childhood Iowa 8 state board created in section 256I.3 or a comparable set of 9 standards. The onsite review is completed by an independent 10 review team that is not associated with the program or the 11 organization administering the program. 12 (3) (a) The data reporting requirements applicable to 13 the HOPES-HFI program services shall include the requirements 14 adopted by the early childhood Iowa state board pursuant 15 to section 256I.4 for the family support programs targeted 16 to families expecting a child or with newborn and infant 17 children through age five and funded through the state board. 18 The department of public health may specify additional data 19 reporting requirements for the HOPES-HFI program services. The 20 HOPES-HFI program services shall be required to participate in 21 a state administered internet-based data collection system by 22 July 1, 2013. The annual reporting concerning the HOPES-HFI 23 program services shall include program outcomes beginning with 24 the 2015 report. 25 (b) The data on families served that is collected by the 26 HOPES-HFI program shall include but is not limited to basic 27 demographic information, services received, funding utilized, 28 and program outcomes for the children and families served. 29 (c) The HOPES-HFI program shall work with the early 30 childhood Iowa state board in the state board’s efforts 31 to identify minimum competency standards for the employees 32 and supervisors of family support programs funded. The 33 HOPES-HFI program, along with the state board, shall submit 34 recommendations concerning the standards to the governor and 35 -9- LSB 5118XC (40) 84 pf/jp 9/ 95
S.F. _____ general assembly on or before January 1, 2014. 1 (d) On or before January 1, 2013, the HOPES-HFI program 2 shall adopt criminal and child abuse record check requirements 3 for the employees and supervisors of family support programs 4 funded through the program. 5 (e) The HOPES-HFI program shall work with the early 6 childhood Iowa state board in the state board’s efforts to 7 develop a plan to implement a coordinated intake and referral 8 process for publicly funded family support programs in order 9 to engage the families expecting a child or with newborn and 10 infant children through age five in all communities in the 11 state by July 1, 2015. 12 b. Of the funds appropriated in this subsection, $164,942 13 $329,885 shall be used to continue to address the healthy 14 mental development of children from birth through five years 15 of age through local evidence-based strategies that engage 16 both the public and private sectors in promoting healthy 17 development, prevention, and treatment for children. The 18 department shall work with the department of human services, 19 Iowa Medicaid enterprise, to develop a plan to secure matching 20 medical assistance program funding to provide services under 21 this paragraph, which may include a per member per month 22 payment to reimburse the care coordination and community 23 outreach services component that links young children and their 24 families with identified service needs. 25 c. Of the funds appropriated in this subsection, $15,798 26 $31,597 shall be distributed to a statewide dental carrier to 27 provide funds to continue the donated dental services program 28 patterned after the projects developed by the lifeline network 29 to provide dental services to indigent elderly and disabled 30 individuals. 31 d. Of the funds appropriated in this subsection, $56,338 32 $112,677 shall be used for childhood obesity prevention. 33 e. Of the funds appropriated in this subsection, $81,880 34 $163,760 shall be used to provide audiological services and 35 -10- LSB 5118XC (40) 84 pf/jp 10/ 95
S.F. _____ hearing aids for children. The department may enter into a 1 contract to administer this paragraph. 2 f. Of the funds appropriated in this subsection, $100,000 3 shall be transferred to the university of Iowa college of 4 dentistry for provision of primary dental services to children. 5 State funds shall be matched on a dollar-for-dollar basis. 6 The university of Iowa college of dentistry shall coordinate 7 efforts with the department of public health, bureau of oral 8 health, to provide dental care to underserved populations 9 throughout the state. 10 3. CHRONIC CONDITIONS 11 For serving individuals identified as having chronic 12 conditions or special health care needs, and for not more than 13 the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,680,828 15 3,419,028 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 17 5.00 18 a. Of the funds appropriated in this subsection, $80,291 19 $160,582 shall be used for grants to individual patients 20 who have phenylketonuria (PKU) to assist with the costs of 21 necessary special foods. 22 b. Of the funds appropriated in this subsection, $241,800 23 $483,600 is allocated for continuation of the contracts for 24 resource facilitator services in accordance with section 25 135.22B, subsection 9 , and for brain injury training services 26 and recruiting of service providers to increase the capacity 27 within this state to address the needs of individuals with 28 brain injuries and such individuals’ families. 29 c. Of the funds appropriated in this subsection, $249,437 30 $550,000 shall be used as additional funding to leverage 31 federal funding through the federal Ryan White Care Act, Tit. 32 II, AIDS drug assistance program supplemental drug treatment 33 grants. 34 d. Of the funds appropriated in this subsection, $15,627 35 -11- LSB 5118XC (40) 84 pf/jp 11/ 95
S.F. _____ $50,000 shall be used for the public purpose of providing 1 a grant to an existing national-affiliated organization to 2 provide education, client-centered programs, and client and 3 family support for people living with epilepsy and their 4 families. 5 e. Of the funds appropriated in this subsection, $394,151 6 $788,303 shall be used for child health specialty clinics. 7 f. Of the funds appropriated in this subsection, $248,533 8 $497,065 shall be used for the comprehensive cancer control 9 program to reduce the burden of cancer in Iowa through 10 prevention, early detection, effective treatment, and ensuring 11 quality of life. Of the funds allocated in this lettered 12 paragraph, $75,000 $150,000 shall be used to support a melanoma 13 research symposium, a melanoma biorepository and registry, 14 basic and translational melanoma research, and clinical trials. 15 g. Of the funds appropriated in this subsection, $63,225 16 $126,450 shall be used for cervical and colon cancer screening. 17 h. Of the funds appropriated in this subsection, $264,417 18 $528,834 shall be used for the center for congenital and 19 inherited disorders. The number of full-time equivalent 20 positions authorized in this subsection includes one full-time 21 equivalent position to act as the state genetics coordinator. 22 i. Of the funds appropriated in this subsection, $64,968 23 $129,937 shall be used for the prescription drug donation 24 repository program created in chapter 135M . 25 4. COMMUNITY CAPACITY 26 For strengthening the health care delivery system at the 27 local level, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,117,583 30 5,822,987 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 32 a. Of the funds appropriated in this subsection, $50,000 33 $100,000 is allocated for a child vision screening program 34 implemented through the university of Iowa hospitals and 35 -12- LSB 5118XC (40) 84 pf/jp 12/ 95
S.F. _____ clinics in collaboration with early childhood Iowa areas. 1 b. Of the funds appropriated in this subsection, $55,654 2 $111,308 is allocated for continuation of an initiative 3 implemented at the university of Iowa and $50,246 $100,493 4 is allocated for continuation of an initiative at the state 5 mental health institute at Cherokee to expand and improve the 6 workforce engaged in mental health treatment and services. 7 The initiatives shall receive input from the university of 8 Iowa, the department of human services, the department of 9 public health, and the mental health and disability services 10 commission to address the focus of the initiatives. 11 c. Of the funds appropriated in this subsection, $585,745 12 $1,171,491 shall be used for essential public health services 13 that promote healthy aging throughout the lifespan, contracted 14 through a formula for local boards of health, to enhance health 15 promotion and disease prevention services. 16 d. Of the funds appropriated in this section, $60,908 17 $121,817 shall be deposited in the governmental public health 18 system fund created in section 135A.8 to be used for the 19 purposes of the fund. 20 e. Of the funds appropriated in this subsection, $72,271 21 $144,542 shall be used for the mental health professional 22 shortage area program implemented pursuant to section 135.80 . 23 f. Of the funds appropriated in this subsection, $19,131 24 $38,263 shall be used for a grant to a statewide association 25 of psychologists that is affiliated with the American 26 psychological association to be used for continuation of a 27 program to rotate intern psychologists in placements in urban 28 and rural mental health professional shortage areas, as defined 29 in section 135.80 135.180 . 30 g. Of the funds appropriated in this subsection, the 31 following amounts shall be allocated to the Iowa collaborative 32 safety net provider network established pursuant to section 33 135.153 to be used for the purposes designated. The following 34 amounts allocated under this lettered paragraph shall be 35 -13- LSB 5118XC (40) 84 pf/jp 13/ 95
S.F. _____ distributed to the specified provider and shall not be reduced 1 for administrative or other costs prior to distribution: 2 (1) For distribution to the Iowa primary care association 3 for statewide coordination of the Iowa collaborative safety net 4 provider network: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,290 6 150,000 7 (1A) For distribution to the Iowa primary care association 8 to be used for the following women’s health initiatives: 9 (a) To establish a grant program, in collaboration 10 with sexual assault response teams (SARTs) comprised of 11 representatives of law enforcement, victim advocates, 12 prosecutors, and certified medical personnel to expand the 13 response room model for use by SARTs throughout the state: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 15 (b) To promote access to primary and preventive health care 16 and for provision of assistance to patients in determining an 17 appropriate medical home: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 19 (1B) For distribution to federally qualified health centers 20 for necessary infrastructure, statewide coordination, provider 21 recruitment, service delivery, and provision of assistance to 22 patients in determining an appropriate medical home: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 24 (2) For distribution to the local boards of health that 25 provide direct services for pilot programs in three counties to 26 assist patients in determining an appropriate medical home: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 28 77,609 29 (3) For distribution to maternal and child health centers 30 for pilot programs in three counties to assist patients in 31 determining an appropriate medical home: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 33 100,000 34 (4) For distribution to free clinics for necessary 35 -14- LSB 5118XC (40) 84 pf/jp 14/ 95
S.F. _____ infrastructure, statewide coordination, provider recruitment, 1 service delivery, and provision of assistance to patients in 2 determining an appropriate medical home: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,025 4 424,050 5 (5) For distribution to rural health clinics for necessary 6 infrastructure, statewide coordination, provider recruitment, 7 service delivery, and provision of assistance to patients in 8 determining an appropriate medical home: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,215 10 150,000 11 (6) For continuation of the safety net provider patient 12 access to specialty health care initiative as described in 2007 13 Iowa Acts, chapter 218, section 109: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130,000 15 400,000 16 (7) For continuation of the pharmaceutical infrastructure 17 for safety net providers as described in 2007 Iowa Acts, 18 chapter 218, section 108: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 135,000 20 435,000 21 The Iowa collaborative safety net provider network may 22 continue to distribute funds allocated pursuant to this 23 lettered paragraph through existing contracts or renewal of 24 existing contracts. 25 h. (1) Of the funds appropriated in this subsection, 26 $74,500 $337,440 shall be used for continued implementation 27 of the recommendations of the direct care worker task force 28 established pursuant to 2005 Iowa Acts, chapter 88 , based 29 upon the report submitted to the governor and the general 30 assembly in December 2006. The department may use a portion 31 of the funds allocated in this lettered paragraph for an 32 additional position to assist in the continued implementation 33 the purposes of the board of direct care professionals as 34 established pursuant to the division of this Act enacting new 35 -15- LSB 5118XC (40) 84 pf/jp 15/ 95
S.F. _____ Code chapter 152F . The direct care worker advisory council 1 established pursuant to 2008 Iowa Acts, chapter 1188, section 2 69, may continue to provide expertise and leadership relating 3 to the recommendations in the advisory council’s final report 4 submitted to the governor and the general assembly in March 5 2012. 6 i. (1) Of the funds appropriated in this subsection, 7 $65,050 $145,100 shall be used for allocation to an independent 8 statewide direct care worker association that serves the 9 entirety of the direct care workforce under a contract with 10 terms determined by the director of public health relating 11 to education, outreach, leadership development, mentoring, 12 and other initiatives intended to enhance the recruitment and 13 retention of direct care workers in health care and long-term 14 care settings. 15 (2) Of the funds appropriated in this subsection, $29,000 16 $58,000 shall be used to provide scholarships or other forms of 17 subsidization for direct care worker educational conferences, 18 training, or outreach activities. 19 j. Of the funds appropriated in this subsection, the 20 department may use up to $29,259 $58,518 for up to one 21 full-time equivalent position to administer the volunteer 22 health care provider program pursuant to section 135.24 . 23 k. Of the funds appropriated in this subsection, $25,000 24 $50,000 shall be used for a matching dental education loan 25 repayment program to be allocated to a dental nonprofit health 26 service corporation to develop the criteria and implement the 27 loan repayment program. 28 l. Of the funds appropriated in this subsection, $250,000 29 shall be used as state matching funds for the primary care 30 provider recruitment and retention endeavor established 31 pursuant to section 135.107. Notwithstanding any provision 32 to the contrary including whether a community is located in a 33 federally designated health professional shortage area, the 34 funds shall be used for loans to medical students who upon 35 -16- LSB 5118XC (40) 84 pf/jp 16/ 95
S.F. _____ receiving a permanent license in this state will engage in 1 the full-time practice of medicine and surgery or osteopathic 2 medicine and surgery specializing in family medicine, 3 pediatrics, psychiatry, internal medicine, or general surgery 4 in a city within the state with a population of less than 5 26,000 that is located more than 20 miles from a city with a 6 population of 50,000 or more. The department may adopt rules 7 pursuant to chapter 17A to implement this paragraph “l”. 8 m. Of the funds appropriated in this subsection, $100,000 9 shall be used for the purposes of the Iowa donor registry as 10 specified in section 142C.18. 11 n. Of the funds appropriated in this subsection, $100,000 12 shall be used for continuation of a grant to a nationally 13 affiliated volunteer eye organization that has an established 14 program for children and adults and that is solely dedicated to 15 preserving sight and preventing blindness through education, 16 nationally certified vision screening and training, and 17 community and patient service programs. 18 5. HEALTHY AGING 19 To provide public health services that reduce risks and 20 invest in promoting and protecting good health over the 21 course of a lifetime with a priority given to older Iowans and 22 vulnerable populations: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,648,571 24 7,297,142 25 a. Of the funds appropriated in this subsection, $1,004,593 26 $2,009,187 shall be used for local public health nursing 27 services. 28 b. Of the funds appropriated in this subsection, $2,643,977 29 $5,287,955 shall be used for home care aide services. 30 6. ENVIRONMENTAL HAZARDS 31 For reducing the public’s exposure to hazards in the 32 environment, primarily chemical hazards, and for not more than 33 the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 406,888 35 -17- LSB 5118XC (40) 84 pf/jp 17/ 95
S.F. _____ 813,777 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 2 Of the funds appropriated in this subsection, $272,188 3 $544,377 shall be used for childhood lead poisoning provisions. 4 7. INFECTIOUS DISEASES 5 a. For reducing the incidence and prevalence of 6 communicable diseases, and for not more than the following 7 full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 672,923 9 2,895,847 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 11 b. For the human papillomavirus vaccination public 12 awareness program in accordance with section 135.11, subsection 13 31, as enacted by this Act: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 15 The department of public health may seek private sector 16 moneys for the purpose of supporting the public awareness 17 program. 18 c. For provision of vaccinations for human papillomavirus 19 to persons age 19 through 26 with incomes below 300 percent 20 of the federal poverty level, as defined by the most recently 21 revised poverty income guidelines issued by the United States 22 department of health and human services, who are not covered 23 by a third-party payer health policy or contract that pays for 24 such vaccinations: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 26 The department shall distribute the amount appropriated in 27 this lettered paragraph to providers on behalf of eligible 28 persons within the target population. 29 d. For provision of early prevention screening by pap smear 30 and advanced screening by colposcope for women with incomes 31 below 300 percent of the federal poverty level, as defined by 32 the most recently revised poverty income guidelines issued by 33 the United States department of health and human services, 34 who are not covered by a third-party payer health policy or 35 -18- LSB 5118XC (40) 84 pf/jp 18/ 95
S.F. _____ contract that pays for such procedures and related laboratory 1 services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 3 The department shall distribute the amount appropriated in 4 this lettered paragraph to providers on behalf of eligible 5 persons within the target population. 6 8. PUBLIC PROTECTION 7 For protecting the health and safety of the public through 8 establishing standards and enforcing regulations, and for not 9 more than the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,388,116 11 2,879,127 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 13 a. Of the funds appropriated in this subsection, not more 14 than $235,845 $471,690 shall be credited to the emergency 15 medical services fund created in section 135.25 . Moneys in 16 the emergency medical services fund are appropriated to the 17 department to be used for the purposes of the fund. 18 b. Of the funds appropriated in this subsection, $105,309 19 $210,619 shall be used for sexual violence prevention 20 programming through a statewide organization representing 21 programs serving victims of sexual violence through the 22 department’s sexual violence prevention program. The amount 23 allocated in this lettered paragraph shall not be used to 24 supplant funding administered for other sexual violence 25 prevention or victims assistance programs. 26 c. Of the funds appropriated in this subsection, not more 27 than $218,291 $539,477 shall be used for the state poison 28 control center. 29 9. RESOURCE MANAGEMENT 30 For establishing and sustaining the overall ability of the 31 department to deliver services to the public, and for not more 32 than the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 409,777 34 819,554 35 -19- LSB 5118XC (40) 84 pf/jp 19/ 95
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 1 The university of Iowa hospitals and clinics under the 2 control of the state board of regents shall not receive 3 indirect costs from the funds appropriated in this section. 4 The university of Iowa hospitals and clinics billings to the 5 department shall be on at least a quarterly basis. 6 DIVISION III 7 DEPARTMENT OF VETERANS AFFAIRS 8 Sec. 3. 2011 Iowa Acts, chapter 129, section 115, is amended 9 to read as follows: 10 SEC. 115. DEPARTMENT OF VETERANS AFFAIRS. There is 11 appropriated from the general fund of the state to the 12 department of veterans affairs for the fiscal year beginning 13 July 1, 2012, and ending June 30, 2013, the following amounts, 14 or so much thereof as is necessary, to be used for the purposes 15 designated: 16 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 17 For salaries, support, maintenance, and miscellaneous 18 purposes, including the war orphans educational assistance fund 19 created in section 35.8 , and for not more than the following 20 full-time equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 499,416 22 1,010,832 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 24 2. IOWA VETERANS HOME 25 For salaries, support, maintenance, and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,476,075 28 8,952,151 29 a. The Iowa veterans home billings involving the department 30 of human services shall be submitted to the department on at 31 least a monthly basis. 32 b. If there is a change in the employer of employees 33 providing services at the Iowa veterans home under a collective 34 bargaining agreement, such employees and the agreement shall 35 -20- LSB 5118XC (40) 84 pf/jp 20/ 95
S.F. _____ be continued by the successor employer as though there had not 1 been a change in employer. 2 c. Within available resources and in conformance with 3 associated state and federal program eligibility requirements, 4 the Iowa veterans home may implement measures to provide 5 financial assistance to or on behalf of veterans or their 6 spouses who are participating in the community reentry program. 7 d. The Iowa veterans home expenditure report shall be 8 submitted monthly to the legislative services agency. 9 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 10 VETERANS 11 For provision of educational assistance pursuant to section 12 35.9 : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,208 14 12,416 15 4. HOME OWNERSHIP ASSISTANCE PROGRAM 16 For transfer to the Iowa finance authority for the 17 continuation of the home ownership assistance program for 18 persons who are or were eligible members of the armed forces of 19 the United States, pursuant to section 16.54: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600,000 21 Sec. 4. 2011 Iowa Acts, chapter 129, section 116, is amended 22 to read as follows: 23 SEC. 116. LIMITATION OF COUNTY COMMISSION OF VETERANS 24 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 25 standing appropriation in the following designated section for 26 the fiscal year beginning July 1, 2012, and ending June 30, 27 2013, the amounts appropriated from the general fund of the 28 state pursuant to that section for the following designated 29 purposes shall not exceed the following amount: 30 For the county commissions of veterans affairs fund under 31 section 35A.16 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 33 990,000 34 DIVISION IV 35 -21- LSB 5118XC (40) 84 pf/jp 21/ 95
S.F. _____ DEPARTMENT OF HUMAN SERVICES 1 Sec. 5. 2011 Iowa Acts, chapter 129, section 117, is amended 2 to read as follows: 3 SEC. 117. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 4 GRANT. There is appropriated from the fund created in section 5 8.41 to the department of human services for the fiscal year 6 beginning July 1, 2012, and ending June 30, 2013, from moneys 7 received under the federal temporary assistance for needy 8 families (TANF) block grant pursuant to the federal Personal 9 Responsibility and Work Opportunity Reconciliation Act of 1996, 10 Pub. L. No. 104-193, and successor legislation, and from moneys 11 received under the emergency contingency fund for temporary 12 assistance for needy families state program established 13 pursuant to the federal American Recovery and Reinvestment Act 14 of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, 15 the following amounts, or so much thereof as is necessary, to 16 be used for the purposes designated: 17 1. To be credited to the family investment program account 18 and used for assistance under the family investment program 19 under chapter 239B : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,750,369 21 19,790,365 22 2. To be credited to the family investment program account 23 and used for the job opportunities and basic skills (JOBS) 24 program and implementing family investment agreements in 25 accordance with chapter 239B : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,205,764 27 12,411,528 28 3. To be used for the family development and 29 self-sufficiency grant program in accordance with section 30 216A.107 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 32 2,898,980 33 Notwithstanding section 8.33 , moneys appropriated in this 34 subsection that remain unencumbered or unobligated at the close 35 -22- LSB 5118XC (40) 84 pf/jp 22/ 95
S.F. _____ of the fiscal year shall not revert but shall remain available 1 for expenditure for the purposes designated until the close of 2 the succeeding fiscal year. However, unless such moneys are 3 encumbered or obligated on or before September 30, 2013, the 4 moneys shall revert. 5 4. For field operations: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 7 31,296,232 8 5. For general administration: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 10 3,744,000 11 6. For state child care assistance: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,191,343 13 16,382,687 14 The funds appropriated in this subsection shall be 15 transferred to the child care and development block grant 16 appropriation made pursuant to 2011 Iowa Acts, chapter 17 126, section 32, by the Eighty-fourth General Assembly, 18 2012 Session, for the federal fiscal year beginning October 19 1, 2012, and ending September 30, 2013. Of this amount, 20 $100,000 $200,000 shall be used for provision of educational 21 opportunities to registered child care home providers in order 22 to improve services and programs offered by this category 23 of providers and to increase the number of providers. The 24 department may contract with institutions of higher education 25 or child care resource and referral centers to provide 26 the educational opportunities. Allowable administrative 27 costs under the contracts shall not exceed 5 percent. The 28 application for a grant shall not exceed two pages in length. 29 7. For distribution to counties for state case services 30 for persons with mental health and illness, an intellectual 31 disability, or a developmental disabilities community services 32 disability in accordance with section 331.440 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,447,026 34 4,894,052 35 -23- LSB 5118XC (40) 84 pf/jp 23/ 95
S.F. _____ 8. For child and family services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,042,215 2 32,084,430 3 9. For child abuse prevention grants: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 5 125,000 6 10. For pregnancy prevention grants on the condition that 7 family planning services are funded: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 9 1,930,067 10 Pregnancy prevention grants shall be awarded to programs 11 in existence on or before July 1, 2012, if the programs have 12 demonstrated positive outcomes. Grants shall be awarded to 13 pregnancy prevention programs which are developed after July 14 1, 2012, if the programs are based on existing models that 15 have demonstrated positive outcomes. Grants shall comply with 16 the requirements provided in 1997 Iowa Acts, chapter 208, 17 section 14, subsections 1 and 2, including the requirement that 18 grant programs must emphasize sexual abstinence. Priority in 19 the awarding of grants shall be given to programs that serve 20 areas of the state which demonstrate the highest percentage of 21 unplanned pregnancies of females of childbearing age within the 22 geographic area to be served by the grant. 23 11. For technology needs and other resources necessary 24 to meet federal welfare reform reporting, tracking, and case 25 management requirements: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 27 1,037,186 28 12. To be credited to the state child care assistance 29 appropriation made in this section to be used for funding of 30 community-based early childhood programs targeted to children 31 from birth through five years of age developed by early 32 childhood Iowa areas as provided in section 256I.11 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,175,000 34 6,350,000 35 -24- LSB 5118XC (40) 84 pf/jp 24/ 95
S.F. _____ The department shall transfer TANF block grant funding 1 appropriated and allocated in this subsection to the child care 2 and development block grant appropriation in accordance with 3 federal law as necessary to comply with the provisions of this 4 subsection. 5 13. a. Notwithstanding any provision to the contrary, 6 including but not limited to requirements in section 8.41 or 7 provisions in 2011 or 2012 Iowa Acts regarding the receipt 8 and appropriation of federal block grants, federal funds 9 from the emergency contingency fund for temporary assistance 10 for needy families state program established pursuant to the 11 federal American Recovery and Reinvestment Act of 2009 , Pub. 12 L. No. 111-5 § 2101 , block grant received by the state during 13 the fiscal year beginning July 1, 2011, and ending June 30, 14 2012, not otherwise appropriated in this section and remaining 15 available as of for the fiscal year beginning July 1, 2012, and 16 received by the state during the fiscal year beginning July 17 1, 2012, and ending June 30, 2013, are appropriated to the 18 department of human services to the extent as may be necessary 19 to be used in the following priority order: the family 20 investment program for the fiscal year and for state child care 21 assistance program payments for individuals enrolled in the 22 family investment program who are employed. The federal funds 23 appropriated in this paragraph “a” shall be expended only after 24 all other funds appropriated in subsection 1 for the assistance 25 under the family investment program under chapter 239B have 26 been expended. 27 b. The department shall, on a quarterly basis, advise the 28 legislative services agency and department of management of 29 the amount of funds appropriated in this subsection that was 30 expended in the prior quarter. 31 14. Of the amounts appropriated in this section, $6,481,004 32 $12,962,008 for the fiscal year beginning July 1, 2012, shall 33 be transferred to the appropriation of the federal social 34 services block grant made for that fiscal year. 35 -25- LSB 5118XC (40) 84 pf/jp 25/ 95
S.F. _____ 15. For continuation of the program allowing the department 1 to maintain categorical eligibility for the food assistance 2 program as required under the section of this division relating 3 to the family investment account: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,036 5 25,000 6 16. The department may transfer funds allocated in this 7 section to the appropriations made in this division of this Act 8 for general administration and field operations for resources 9 necessary to implement and operate the services referred to in 10 this section and those funded in the appropriation made in this 11 division of this Act for the family investment program from the 12 general fund of the state. 13 Sec. 6. 2011 Iowa Acts, chapter 129, section 118, is amended 14 to read as follows: 15 SEC. 118. FAMILY INVESTMENT PROGRAM ACCOUNT. 16 1. Moneys credited to the family investment program (FIP) 17 account for the fiscal year beginning July 1, 2012, and 18 ending June 30, 2013, shall be used to provide assistance in 19 accordance with chapter 239B . 20 2. The department may use a portion of the moneys credited 21 to the FIP account under this section as necessary for 22 salaries, support, maintenance, and miscellaneous purposes. 23 3. The department may transfer funds allocated in this 24 section to the appropriations in this division of this Act 25 for general administration and field operations for resources 26 necessary to implement and operate the services referred to in 27 this section and those funded in the appropriation made in this 28 division of this Act for the family investment program from the 29 general fund of the state. 30 4. Moneys appropriated in this division of this Act and 31 credited to the FIP account for the fiscal year beginning July 32 1, 2012, and ending June 30, 2013, are allocated as follows: 33 a. To be retained by the department of human services to 34 be used for coordinating with the department of human rights 35 -26- LSB 5118XC (40) 84 pf/jp 26/ 95
S.F. _____ to more effectively serve participants in the FIP program and 1 other shared clients and to meet federal reporting requirements 2 under the federal temporary assistance for needy families block 3 grant: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 5 20,000 6 b. To the department of human rights for staffing, 7 administration, and implementation of the family development 8 and self-sufficiency grant program in accordance with section 9 216A.107 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,671,417 11 5,942,834 12 (1) Of the funds allocated for the family development and 13 self-sufficiency grant program in this lettered paragraph, 14 not more than 5 percent of the funds shall be used for the 15 administration of the grant program. 16 (2) The department of human rights may continue to implement 17 the family development and self-sufficiency grant program 18 statewide during fiscal year 2012-2013. 19 c. For the diversion subaccount of the FIP account: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 849,200 21 1,698,400 22 A portion of the moneys allocated for the subaccount may 23 be used for field operations salaries, data management system 24 development, and implementation costs and support deemed 25 necessary by the director of human services in order to 26 administer the FIP diversion program. 27 d. For the food stamp employment and training program: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 29 66,588 30 (1) The department shall amend the food stamp employment and 31 training state plan in order to maximize to the fullest extent 32 permitted by federal law the use of the 50-50 match provisions 33 for the claiming of allowable federal matching funds from the 34 United States department of agriculture pursuant to the federal 35 -27- LSB 5118XC (40) 84 pf/jp 27/ 95
S.F. _____ food stamp employment and training program for providing 1 education, employment, and training services for eligible food 2 assistance program participants, including but not limited to 3 related dependent care and transportation expenses. 4 (2) The department shall continue the categorical federal 5 food assistance program eligibility at 160 percent of the 6 federal poverty level and continue to eliminate the asset test 7 from eligibility requirements, consistent with federal food 8 assistance program requirements. The department shall include 9 as many food assistance households as is allowed by federal 10 law. The eligibility provisions shall conform to all federal 11 requirements including requirements addressing individuals who 12 are incarcerated or otherwise ineligible. 13 e. For the JOBS program: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,117,952 15 20,235,905 16 5. Of the child support collections assigned under FIP, 17 an amount equal to the federal share of support collections 18 shall be credited to the child support recovery appropriation 19 made in this division of this Act. Of the remainder of the 20 assigned child support collections received by the child 21 support recovery unit, a portion shall be credited to the FIP 22 account, a portion may be used to increase recoveries, and a 23 portion may be used to sustain cash flow in the child support 24 payments account. If as a consequence of the appropriations 25 and allocations made in this section the resulting amounts 26 are insufficient to sustain cash assistance payments and meet 27 federal maintenance of effort requirements, the department 28 shall seek supplemental funding. If child support collections 29 assigned under FIP are greater than estimated or are otherwise 30 determined not to be required for maintenance of effort, the 31 state share of either amount may be transferred to or retained 32 in the child support payment account. 33 6. The department may adopt emergency rules for the family 34 investment, JOBS, food stamp, and medical assistance programs 35 -28- LSB 5118XC (40) 84 pf/jp 28/ 95
S.F. _____ if necessary to comply with federal requirements. 1 Sec. 7. 2011 Iowa Acts, chapter 129, section 119, is amended 2 to read as follows: 3 SEC. 119. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 4 is appropriated from the general fund of the state to the 5 department of human services for the fiscal year beginning July 6 1, 2012, and ending June 30, 2013, the following amount, or 7 so much thereof as is necessary, to be used for the purpose 8 designated: 9 To be credited to the family investment program (FIP) 10 account and used for family investment program assistance under 11 chapter 239B : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,085,513 13 50,742,028 14 1. Of the funds appropriated in this section, $3,912,188 15 $7,824,377 is allocated for the JOBS program. 16 2. Of the funds appropriated in this section, $1,231,927 17 $3,063,854 is allocated for the family development and 18 self-sufficiency grant program. 19 3. Notwithstanding section 8.39 , for the fiscal year 20 beginning July 1, 2012, if necessary to meet federal 21 maintenance of effort requirements or to transfer federal 22 temporary assistance for needy families block grant funding 23 to be used for purposes of the federal social services block 24 grant or to meet cash flow needs resulting from delays in 25 receiving federal funding or to implement, in accordance with 26 this division of this Act, activities currently funded with 27 juvenile court services, county, or community moneys and state 28 moneys used in combination with such moneys, the department 29 of human services may transfer funds within or between any 30 of the appropriations made in this division of this Act and 31 appropriations in law for the federal social services block 32 grant to the department for the following purposes, provided 33 that the combined amount of state and federal temporary 34 assistance for needy families block grant funding for each 35 -29- LSB 5118XC (40) 84 pf/jp 29/ 95
S.F. _____ appropriation remains the same before and after the transfer: 1 a. For the family investment program. 2 b. For child care assistance. 3 c. For child and family services. 4 d. For field operations. 5 e. For general administration. 6 f. MH/MR/DD/BI community services (local purchase). 7 For distribution to counties for state case services for 8 persons with mental illness, an intellectual disability, or a 9 developmental disability in accordance with section 331.440. 10 This subsection shall not be construed to prohibit the use 11 of existing state transfer authority for other purposes. The 12 department shall report any transfers made pursuant to this 13 subsection to the legislative services agency. 14 4. Of the funds appropriated in this section, $97,839 15 $195,678 shall be used for continuation of a grant to an 16 Iowa-based nonprofit organization with a history of providing 17 tax preparation assistance to low-income Iowans in order to 18 expand the usage of the earned income tax credit. The purpose 19 of the grant is to supply this assistance to underserved areas 20 of the state. 21 4A. Of the funds appropriated in this section, $500,000 22 shall be used for distribution to a nonprofit, tax-exempt 23 association that receives donations under section 170 of the 24 Internal Revenue Code and whose members include Iowa food 25 banks and their affiliates that together serve all counties 26 in the state, to be used to purchase food for distribution to 27 food-insecure Iowans: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 29 In purchasing food under this subsection, a preference 30 shall be given to the purchase of food produced, processed, or 31 packaged within this state whenever reasonably practicable. 32 5. The department may transfer funds appropriated in this 33 section to the appropriations made in this division of this Act 34 for general administration and field operations as necessary 35 -30- LSB 5118XC (40) 84 pf/jp 30/ 95
S.F. _____ to administer this section and the overall family investment 1 program. 2 Sec. 8. 2011 Iowa Acts, chapter 129, section 120, is amended 3 to read as follows: 4 SEC. 120. CHILD SUPPORT RECOVERY. There is appropriated 5 from the general fund of the state to the department of human 6 services for the fiscal year beginning July 1, 2012, and ending 7 June 30, 2013, the following amount, or so much thereof as is 8 necessary, to be used for the purposes designated: 9 For child support recovery, including salaries, support, 10 maintenance, and miscellaneous purposes, and for not more than 11 the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,559,627 13 13,377,993 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 15 1. The department shall expend up to $12,164 $24,329 , 16 including federal financial participation, for the fiscal year 17 beginning July 1, 2012, for a child support public awareness 18 campaign. The department and the office of the attorney 19 general shall cooperate in continuation of the campaign. The 20 public awareness campaign shall emphasize, through a variety 21 of media activities, the importance of maximum involvement of 22 both parents in the lives of their children as well as the 23 importance of payment of child support obligations. 24 2. Federal access and visitation grant moneys shall be 25 issued directly to private not-for-profit agencies that provide 26 services designed to increase compliance with the child access 27 provisions of court orders, including but not limited to 28 neutral visitation sites and mediation services. 29 3. The appropriation made to the department for child 30 support recovery may be used throughout the fiscal year in the 31 manner necessary for purposes of cash flow management, and for 32 cash flow management purposes the department may temporarily 33 draw more than the amount appropriated, provided the amount 34 appropriated is not exceeded at the close of the fiscal year. 35 -31- LSB 5118XC (40) 84 pf/jp 31/ 95
S.F. _____ 4. With the exception of the funding amount specified, the 1 requirements established under 2001 Iowa Acts, chapter 191, 2 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 3 be applicable to parental obligation pilot projects for the 4 fiscal year beginning July 1, 2012, and ending June 30, 2013. 5 Notwithstanding 441 IAC 100.8, providing for termination of 6 rules relating to the pilot projects, the rules shall remain 7 in effect until June 30, 2013. 8 Sec. 9. 2011 Iowa Acts, chapter 129, section 121, is amended 9 to read as follows: 10 SEC. 121. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE. Any 11 funds remaining in the health care trust fund created in 12 section 453A.35A for the fiscal year beginning July 1, 2012, 13 and ending June 30, 2013, are appropriated to the department 14 of human services to supplement the medical assistance program 15 appropriations made in this Act, for medical assistance 16 reimbursement and associated costs, including program 17 administration and costs associated with implementation. 18 MEDICAL ASSISTANCE PROGRAM 19 Sec. 10. 2011 Iowa Acts, chapter 129, section 122, 20 unnumbered paragraph 2, is amended to read as follows: 21 For medical assistance program reimbursement and associated 22 costs as specifically provided in the reimbursement 23 methodologies in effect on June 30, 2012, except as otherwise 24 expressly authorized by law, and consistent with options under 25 federal law and regulations: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 914,993,421 27 845,251,256 28 MEDICAL ASSISTANCE —— DISPROPORTIONATE SHARE HOSPITAL 29 Sec. 11. 2011 Iowa Acts, chapter 129, section 122, 30 subsection 11, paragraph a, unnumbered paragraph 1, is amended 31 to read as follows: 32 Of the funds appropriated in this section, $7,425,684 33 $7,678,245 is allocated for the state match for a 34 disproportionate share hospital payment of $19,133,430 to 35 -32- LSB 5118XC (40) 84 pf/jp 32/ 95
S.F. _____ hospitals that meet both of the conditions specified in 1 subparagraphs (1) and (2). In addition, the hospitals that 2 meet the conditions specified shall either certify public 3 expenditures or transfer to the medical assistance program 4 an amount equal to provide the nonfederal share for a 5 disproportionate share hospital payment of $7,500,000. The 6 hospitals that meet the conditions specified shall receive and 7 retain 100 percent of the total disproportionate share hospital 8 payment of $26,633,430. 9 MEDICAL ASSISTANCE —— IOWACARE TRANSFER 10 Sec. 12. 2011 Iowa Acts, chapter 129, section 122, 11 subsection 13, is amended to read as follows: 12 13. Of the funds appropriated in this section, up to 13 $4,480,304 $8,684,329 may be transferred to the IowaCare 14 account created in section 249J.24 . 15 MEDICAL ASSISTANCE —— COST CONTAINMENT STRATEGIES 16 Sec. 13. 2011 Iowa Acts, chapter 129, section 122, 17 subsection 20, paragraphs a and d, are amended to read as 18 follows: 19 a. The department may continue to implement cost 20 containment strategies recommended by the governor , and for 21 the fiscal year beginning July 1, 2011, and shall implement 22 new strategies for the fiscal year beginning July 1, 2012, as 23 specified in this division of this 2012 Act. The department 24 may adopt emergency rules for such implementation. 25 d. If the savings to the medical assistance program for 26 the fiscal year beginning July 1, 2012, exceed the cost, the 27 department may transfer any savings generated for the fiscal 28 year due to medical assistance program cost containment efforts 29 initiated pursuant to 2010 Iowa Acts, chapter 1031, Executive 30 Order No. 20, issued December 16, 2009, or cost containment 31 strategies initiated pursuant to this subsection, to the 32 appropriation made in this division of this Act for medical 33 contracts or general administration to defray the increased 34 contract costs associated with implementing such efforts. 35 -33- LSB 5118XC (40) 84 pf/jp 33/ 95
S.F. _____ Sec. 14. 2011 Iowa Acts, chapter 129, section 122, is 1 amended by adding the following new subsections: 2 NEW SUBSECTION . 23. The department shall implement a 3 hospital inpatient reimbursement policy to provide for the 4 combining of an original claim for an inpatient stay with a 5 claim for a subsequent inpatient stay when the patient is 6 admitted within seven days of discharge from the original 7 hospital stay for the same condition. 8 NEW SUBSECTION . 24. The department shall transition 9 payment for and administration of services provided by 10 psychiatric medical institutions for children to the Iowa plan. 11 MEDICAL ASSISTANCE FOR EMPLOYED PEOPLE WITH DISABILITIES 12 Sec. 15. 2011 Iowa Acts, chapter 129, section 122, is 13 amended by adding the following new subsection: 14 NEW SUBSECTION . 25. The department of human services 15 shall adopt rules for the Medicaid for employed people with 16 disabilities program to provide that until such time as 17 the department adopts rules, annually, to implement the 18 most recently revised poverty guidelines published by the 19 United States department of health and human services, the 20 calculation of gross income eligibility shall not include any 21 increase in unearned income attributable to a social security 22 cost-of-living adjustment for an individual or member of the 23 individual’s family whose unearned income is included in such 24 calculation. 25 STATE BALANCING INCENTIVE PAYMENTS PROGRAM 26 Sec. 16. 2011 Iowa Acts, chapter 129, section 122, is 27 amended by adding the following new subsection: 28 NEW SUBSECTION . 27. The funds received through 29 participation in the medical assistance state balancing 30 incentive payments program created pursuant to section 10202 31 of the federal Patient Protection and Affordable Care Act of 32 2010, Pub. L. No. 111-148 (2010), as amended by the federal 33 Health Care and Education Reconciliation Act of 2010, Pub. 34 L. No. 111-152, are appropriated to and shall be used by the 35 -34- LSB 5118XC (40) 84 pf/jp 34/ 95
S.F. _____ department of human services to comply with the requirements 1 of the program including developing a no wrong door single 2 entry point system; providing a conflict-free case management 3 system; providing core standardized assessment instruments; 4 complying with data collection requirements relating to 5 services, quality, and outcomes; meeting the applicable target 6 spending percentage required under the program to rebalance 7 long-term care spending under the medical assistance program 8 between home and community-based services and institution-based 9 services; and for new or expanded medical assistance program 10 non-institutionally based long-term care services and supports. 11 Sec. 17. 2011 Iowa Acts, chapter 129, section 123, is 12 amended to read as follows: 13 SEC. 123. MEDICAL CONTRACTS. There is appropriated from the 14 general fund of the state to the department of human services 15 for the fiscal year beginning July 1, 2012, and ending June 30, 16 2013, the following amount, or so much thereof as is necessary, 17 to be used for the purpose designated: 18 For medical contracts: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,453,728 20 8,460,680 21 1. The department of inspections and appeals shall 22 provide all state matching funds for survey and certification 23 activities performed by the department of inspections 24 and appeals. The department of human services is solely 25 responsible for distributing the federal matching funds for 26 such activities. 27 2. Of the funds appropriated in this section, $25,000 28 $50,000 shall be used for continuation of home and 29 community-based services waiver quality assurance programs, 30 including the review and streamlining of processes and policies 31 related to oversight and quality management to meet state and 32 federal requirements. 33 3. Of the amount appropriated in this section, up to 34 $200,000 may be transferred to the appropriation for general 35 -35- LSB 5118XC (40) 84 pf/jp 35/ 95
S.F. _____ administration in this division of this Act to be used for 1 additional full-time equivalent positions in the development of 2 key health initiatives such as cost containment, development 3 and oversight of managed care programs, and development of 4 health strategies targeted toward improved quality and reduced 5 costs in the Medicaid program. 6 Sec. 18. 2011 Iowa Acts, chapter 129, section 124, is 7 amended to read as follows: 8 SEC. 124. STATE SUPPLEMENTARY ASSISTANCE. 9 1. There is appropriated from the general fund of the 10 state to the department of human services for the fiscal year 11 beginning July 1, 2012, and ending June 30, 2013, the following 12 amount, or so much thereof as is necessary, to be used for the 13 purpose designated: 14 For the state supplementary assistance program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,425,373 16 15,450,747 17 2. The department shall increase the personal needs 18 allowance for residents of residential care facilities by the 19 same percentage and at the same time as federal supplemental 20 security income and federal social security benefits are 21 increased due to a recognized increase in the cost of living. 22 The department may adopt emergency rules to implement this 23 subsection. 24 3. If during the fiscal year beginning July 1, 2012, 25 the department projects that state supplementary assistance 26 expenditures for a calendar year will not meet the federal 27 pass-through requirement specified in Tit. XVI of the federal 28 Social Security Act, section 1618, as codified in 42 U.S.C. 29 § 1382g, the department may take actions including but not 30 limited to increasing the personal needs allowance for 31 residential care facility residents and making programmatic 32 adjustments or upward adjustments of the residential care 33 facility or in-home health-related care reimbursement rates 34 prescribed in this division of this Act to ensure that federal 35 -36- LSB 5118XC (40) 84 pf/jp 36/ 95
S.F. _____ requirements are met. In addition, the department may make 1 other programmatic and rate adjustments necessary to remain 2 within the amount appropriated in this section while ensuring 3 compliance with federal requirements. The department may adopt 4 emergency rules to implement the provisions of this subsection. 5 Sec. 19. 2011 Iowa Acts, chapter 129, section 125, is 6 amended to read as follows: 7 SEC. 125. CHILDREN’S HEALTH INSURANCE PROGRAM. 8 1. There is appropriated from the general fund of the 9 state to the department of human services for the fiscal year 10 beginning July 1, 2012, and ending June 30, 2013, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purpose designated: 13 For maintenance of the healthy and well kids in Iowa (hawk-i) 14 program pursuant to chapter 514I , including supplemental dental 15 services, for receipt of federal financial participation under 16 Tit. XXI of the federal Social Security Act, which creates the 17 children’s health insurance program: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,403,051 19 40,400,160 20 2. Of the funds appropriated in this section, $64,475 21 $128,950 is allocated for continuation of the contract for 22 outreach with the department of public health. 23 Sec. 20. 2011 Iowa Acts, chapter 129, section 126, is 24 amended to read as follows: 25 SEC. 126. CHILD CARE ASSISTANCE. There is appropriated 26 from the general fund of the state to the department of human 27 services for the fiscal year beginning July 1, 2012, and ending 28 June 30, 2013, the following amount, or so much thereof as is 29 necessary, to be used for the purpose designated: 30 For child care programs: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,618,831 32 61,087,940 33 1. Of the funds appropriated in this section, $25,948,041 34 $59,718,513 shall be used for state child care assistance in 35 -37- LSB 5118XC (40) 84 pf/jp 37/ 95
S.F. _____ accordance with section 237A.13 . 1 2. Nothing in this section shall be construed or is 2 intended as or shall imply a grant of entitlement for services 3 to persons who are eligible for assistance due to an income 4 level consistent with the waiting list requirements of section 5 237A.13 . Any state obligation to provide services pursuant to 6 this section is limited to the extent of the funds appropriated 7 in this section. 8 3. Of the funds appropriated in this section, $216,226 9 $432,453 is allocated for the statewide program for child care 10 resource and referral services under section 237A.26 . A list 11 of the registered and licensed child care facilities operating 12 in the area served by a child care resource and referral 13 service shall be made available to the families receiving state 14 child care assistance in that area. 15 4. Of the funds appropriated in this section, $468,487 16 $936,974 is allocated for child care quality improvement 17 initiatives including but not limited to the voluntary quality 18 rating system in accordance with section 237A.30 . 19 5. The department may use any of the funds appropriated 20 in this section as a match to obtain federal funds for use in 21 expanding child care assistance and related programs. For 22 the purpose of expenditures of state and federal child care 23 funding, funds shall be considered obligated at the time 24 expenditures are projected or are allocated to the department’s 25 service areas. Projections shall be based on current and 26 projected caseload growth, current and projected provider 27 rates, staffing requirements for eligibility determination 28 and management of program requirements including data systems 29 management, staffing requirements for administration of the 30 program, contractual and grant obligations and any transfers 31 to other state agencies, and obligations for decategorization 32 or innovation projects. 33 6. A portion of the state match for the federal child care 34 and development block grant shall be provided as necessary to 35 -38- LSB 5118XC (40) 84 pf/jp 38/ 95
S.F. _____ meet federal matching funds requirements through the state 1 general fund appropriation made for child development grants 2 and other programs for at-risk children in section 279.51 . 3 7. If a uniform reduction ordered by the governor under 4 section 8.31 or other operation of law, transfer, or federal 5 funding reduction reduces the appropriation made in this 6 section for the fiscal year, the percentage reduction in the 7 amount paid out to or on behalf of the families participating 8 in the state child care assistance program shall be equal to or 9 less than the percentage reduction made for any other purpose 10 payable from the appropriation made in this section and the 11 federal funding relating to it. The percentage reduction to 12 the other allocations made in this section shall be the same as 13 the uniform reduction ordered by the governor or the percentage 14 change of the federal funding reduction, as applicable. 15 If there is an unanticipated increase in federal funding 16 provided for state child care assistance, the entire amount 17 of the increase shall be used for state child care assistance 18 payments. If the appropriations made for purposes of the 19 state child care assistance program for the fiscal year are 20 determined to be insufficient, it is the intent of the general 21 assembly to appropriate sufficient funding for the fiscal year 22 in order to avoid establishment of waiting list requirements. 23 8. Notwithstanding section 8.33 , moneys appropriated 24 in this section or advanced for purposes of the programs 25 developed by early childhood Iowa areas, advanced for purposes 26 of wraparound child care, or received from the federal 27 appropriations made for the purposes of this section that 28 remain unencumbered or unobligated at the close of the fiscal 29 year shall not revert to any fund but shall remain available 30 for expenditure for the purposes designated until the close of 31 the succeeding fiscal year. 32 Sec. 21. 2011 Iowa Acts, chapter 129, section 127, is 33 amended to read as follows: 34 SEC. 127. JUVENILE INSTITUTIONS. There is appropriated 35 -39- LSB 5118XC (40) 84 pf/jp 39/ 95
S.F. _____ from the general fund of the state to the department of human 1 services for the fiscal year beginning July 1, 2012, and ending 2 June 30, 2013, the following amounts, or so much thereof as is 3 necessary, to be used for the purposes designated: 4 1. For operation of the Iowa juvenile home at Toledo and for 5 salaries, support, maintenance, and miscellaneous purposes, and 6 for not more than the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,129,125 8 8,328,264 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 10 2. For operation of the state training school at Eldora and 11 for salaries, support, maintenance, and miscellaneous purposes, 12 and for not more than the following full-time equivalent 13 positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,319,338 15 10,740,988 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 17 Of the funds appropriated in this subsection, $45,575 18 $91,150 shall be used for distribution to licensed classroom 19 teachers at this and other institutions under the control of 20 the department of human services based upon the average student 21 yearly enrollment at each institution as determined by the 22 department. 23 3. A portion of the moneys appropriated in this section 24 shall be used by the state training school and by the Iowa 25 juvenile home for grants for adolescent pregnancy prevention 26 activities at the institutions in the fiscal year beginning 27 July 1, 2012. 28 Sec. 22. 2011 Iowa Acts, chapter 129, section 128, is 29 amended to read as follows: 30 SEC. 128. CHILD AND FAMILY SERVICES. 31 1. There is appropriated from the general fund of the 32 state to the department of human services for the fiscal year 33 beginning July 1, 2012, and ending June 30, 2013, the following 34 amount, or so much thereof as is necessary, to be used for the 35 -40- LSB 5118XC (40) 84 pf/jp 40/ 95
S.F. _____ purpose designated: 1 For child and family services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,415,081 3 83,669,130 4 2. In order to address a reduction of $5,200,000 from the 5 amount allocated under the appropriation made for the purposes 6 of this section in prior years for purposes of juvenile 7 delinquent graduated sanction services, up to $2,600,000 8 $5,200,000 of the amount of federal temporary assistance 9 for needy families block grant funding appropriated in this 10 division of this Act for child and family services shall be 11 made available for purposes of juvenile delinquent graduated 12 sanction services. 13 3. The department may transfer funds appropriated in this 14 section as necessary to pay the nonfederal costs of services 15 reimbursed under the medical assistance program, state child 16 care assistance program, or the family investment program which 17 are provided to children who would otherwise receive services 18 paid under the appropriation in this section. The department 19 may transfer funds appropriated in this section to the 20 appropriations made in this division of this Act for general 21 administration and for field operations for resources necessary 22 to implement and operate the services funded in this section. 23 4. a. Of the funds appropriated in this section, up 24 to $15,084,564 $31,372,177 is allocated as the statewide 25 expenditure target under section 232.143 for group foster care 26 maintenance and services. If the department projects that such 27 expenditures for the fiscal year will be less than the target 28 amount allocated in this lettered paragraph, the department may 29 reallocate the excess to provide additional funding for shelter 30 care or the child welfare emergency services addressed with the 31 allocation for shelter care. 32 b. If at any time after September 30, 2012, annualization 33 of a service area’s current expenditures indicates a service 34 area is at risk of exceeding its group foster care expenditure 35 -41- LSB 5118XC (40) 84 pf/jp 41/ 95
S.F. _____ target under section 232.143 by more than 5 percent, the 1 department and juvenile court services shall examine all 2 group foster care placements in that service area in order to 3 identify those which might be appropriate for termination. 4 In addition, any aftercare services believed to be needed 5 for the children whose placements may be terminated shall be 6 identified. The department and juvenile court services shall 7 initiate action to set dispositional review hearings for the 8 placements identified. In such a dispositional review hearing, 9 the juvenile court shall determine whether needed aftercare 10 services are available and whether termination of the placement 11 is in the best interest of the child and the community. 12 5. In accordance with the provisions of section 232.188 , 13 the department shall continue the child welfare and juvenile 14 justice funding initiative during fiscal year 2012-2013. Of 15 the funds appropriated in this section, $858,876 $1,717,753 16 is allocated specifically for expenditure for fiscal year 17 2012-2013 through the decategorization service funding pools 18 and governance boards established pursuant to section 232.188 . 19 6. A portion of the funds appropriated in this section 20 may be used for emergency family assistance to provide other 21 resources required for a family participating in a family 22 preservation or reunification project or successor project to 23 stay together or to be reunified. 24 7. Notwithstanding section 234.35 or any other provision 25 of law to the contrary, state funding for shelter care and 26 the child welfare emergency services contracting implemented 27 to provide for or prevent the need for shelter care shall be 28 limited to $3,585,058 $7,370,116 . The department may continue 29 or execute contracts that result from the department’s request 30 for proposal, bid number ACFS-11-114, to provide the range of 31 child welfare emergency services described in the request for 32 proposals, and any subsequent amendments to the request for 33 proposals. 34 8. Federal funds received by the state during the fiscal 35 -42- LSB 5118XC (40) 84 pf/jp 42/ 95
S.F. _____ year beginning July 1, 2012, as the result of the expenditure 1 of state funds appropriated during a previous state fiscal 2 year for a service or activity funded under this section are 3 appropriated to the department to be used as additional funding 4 for services and purposes provided for under this section. 5 Notwithstanding section 8.33 , moneys received in accordance 6 with this subsection that remain unencumbered or unobligated at 7 the close of the fiscal year shall not revert to any fund but 8 shall remain available for the purposes designated until the 9 close of the succeeding fiscal year. 10 9. Of the funds appropriated in this section, at least 11 $1,848,142 shall be used for protective child care assistance. 12 10. a. Of the funds appropriated in this section, up to 13 $1,031,244 $2,062,488 is allocated for the payment of the 14 expenses of court-ordered services provided to juveniles who 15 are under the supervision of juvenile court services, which 16 expenses are a charge upon the state pursuant to section 17 232.141, subsection 4 . Of the amount allocated in this 18 lettered paragraph, up to $778,143 $1,556,287 shall be made 19 available to provide school-based supervision of children 20 adjudicated under chapter 232 , of which not more than $7,500 21 $15,000 may be used for the purpose of training. A portion of 22 the cost of each school-based liaison officer shall be paid by 23 the school district or other funding source as approved by the 24 chief juvenile court officer. 25 b. Of the funds appropriated in this section, up to $374,492 26 $748,985 is allocated for the payment of the expenses of 27 court-ordered services provided to children who are under the 28 supervision of the department, which expenses are a charge upon 29 the state pursuant to section 232.141, subsection 4 . 30 c. Notwithstanding section 232.141 or any other provision 31 of law to the contrary, the amounts allocated in this 32 subsection shall be distributed to the judicial districts 33 as determined by the state court administrator and to the 34 department’s service areas as determined by the administrator 35 -43- LSB 5118XC (40) 84 pf/jp 43/ 95
S.F. _____ of the department’s division of child and family services. The 1 state court administrator and the division administrator shall 2 make the determination of the distribution amounts on or before 3 June 15, 2012. 4 d. Notwithstanding chapter 232 or any other provision of 5 law to the contrary, a district or juvenile court shall not 6 order any service which is a charge upon the state pursuant 7 to section 232.141 if there are insufficient court-ordered 8 services funds available in the district court or departmental 9 service area distribution amounts to pay for the service. The 10 chief juvenile court officer and the departmental service area 11 manager shall encourage use of the funds allocated in this 12 subsection such that there are sufficient funds to pay for 13 all court-related services during the entire year. The chief 14 juvenile court officers and departmental service area managers 15 shall attempt to anticipate potential surpluses and shortfalls 16 in the distribution amounts and shall cooperatively request the 17 state court administrator or division administrator to transfer 18 funds between the judicial districts’ or departmental service 19 areas’ distribution amounts as prudent. 20 e. Notwithstanding any provision of law to the contrary, 21 a district or juvenile court shall not order a county to pay 22 for any service provided to a juvenile pursuant to an order 23 entered under chapter 232 which is a charge upon the state 24 under section 232.141, subsection 4 . 25 f. Of the funds allocated in this subsection, not more 26 than $41,500 $83,000 may be used by the judicial branch for 27 administration of the requirements under this subsection. 28 g. Of the funds allocated in this subsection, $8,500 $17,000 29 shall be used by the department of human services to support 30 the interstate commission for juveniles in accordance with 31 the interstate compact for juveniles as provided in section 32 232.173 . 33 11. Of the funds appropriated in this section, $2,961,301 34 $6,222,602 is allocated for juvenile delinquent graduated 35 -44- LSB 5118XC (40) 84 pf/jp 44/ 95
S.F. _____ sanctions services. Any state funds saved as a result of 1 efforts by juvenile court services to earn federal Tit. IV-E 2 match for juvenile court services administration may be used 3 for the juvenile delinquent graduated sanctions services. 4 12. Of the funds appropriated in this section, $494,142 5 $2,238,285 shall be transferred to the department of public 6 health to be used for the child protection center grant program 7 in accordance with section 135.118 . Of the amount allocated in 8 this subsection, $250,000 shall be used for a center for the 9 Black Hawk county area. 10 13. If the department receives federal approval to 11 implement a waiver under Tit. IV-E of the federal Social 12 Security Act to enable providers to serve children who remain 13 in the children’s families and communities, for purposes of 14 eligibility under the medical assistance program, children who 15 participate in the waiver shall be considered to be placed in 16 foster care. 17 14. Of the funds appropriated in this section, $1,534,916 18 $3,092,375 is allocated for the preparation for adult living 19 program pursuant to section 234.46 . 20 15. Of the funds appropriated in this section, $260,075 21 $520,150 shall be used for juvenile drug courts. The amount 22 allocated in this subsection shall be distributed as follows: 23 To the judicial branch for salaries to assist with the 24 operation of juvenile drug court programs operated in the 25 following jurisdictions: 26 a. Marshall county: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,354 28 62,708 29 b. Woodbury county: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,841 31 125,682 32 c. Polk county: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,946 34 195,892 35 -45- LSB 5118XC (40) 84 pf/jp 45/ 95
S.F. _____ d. The third judicial district: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 2 67,934 3 e. The eighth judicial district: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 5 67,934 6 16. Of the funds appropriated in this section, $113,668 7 $227,337 shall be used for the public purpose of providing 8 continuing a grant to a nonprofit human services organization 9 providing services to individuals and families in multiple 10 locations in southwest Iowa and Nebraska for support of a 11 project providing immediate, sensitive support and forensic 12 interviews, medical exams, needs assessments, and referrals for 13 victims of child abuse and their nonoffending family members. 14 17. Of the funds appropriated in this section, $62,795 15 $200,590 is allocated for the elevate foster care youth council 16 approach of providing a support network to children placed in 17 foster care. 18 18. Of the funds appropriated in this section, $101,000 19 $202,000 is allocated for use pursuant to section 235A.1 for 20 continuation of the initiative to address child sexual abuse 21 implemented pursuant to 2007 Iowa Acts, chapter 218, section 22 18, subsection 21. 23 19. Of the funds appropriated in this section, $315,120 24 $630,240 is allocated for the community partnership for child 25 protection sites. 26 20. Of the funds appropriated in this section, $185,625 27 $371,250 is allocated for the department’s minority youth and 28 family projects under the redesign of the child welfare system. 29 21. Of the funds appropriated in this section, $600,247 30 $1,436,595 is allocated for funding of the state match for 31 community circle of care collaboration for children and 32 youth in northeast Iowa, formerly referred to as the federal 33 substance abuse and mental health services administration 34 (SAMHSA) system of care grant. 35 -46- LSB 5118XC (40) 84 pf/jp 46/ 95
S.F. _____ 22. Of the funds appropriated in this section, at least 1 $73,579 $147,158 shall be used for the child welfare training 2 academy. 3 23. Of the funds appropriated in this section, $12,500 4 $25,000 shall be used for the public purpose of continuation 5 of a grant to a child welfare services provider headquartered 6 in a county with a population between 205,000 and 215,000 in 7 the latest certified federal census that provides multiple 8 services including but not limited to a psychiatric medical 9 institution for children, shelter, residential treatment, after 10 school programs, school-based programming, and an Asperger’s 11 syndrome program, to be used for support services for children 12 with autism spectrum disorder and their families. 13 23A. Of the funds appropriated in this section, $25,000 14 shall be used for the public purpose of providing a grant to 15 a hospital-based provider headquartered in a county with a 16 population between 90,000 and 95,000 in the latest certified 17 federal census that provides multiple services including 18 but not limited to diagnostic, therapeutic, and behavioral 19 services to individuals with autism spectrum disorder across 20 the lifespan. The grant recipient shall utilize the funds to 21 implement a pilot project to determine the necessary support 22 services for children with autism spectrum disorder and 23 their families to be included in the children’s disabilities 24 services system. The grant recipient shall submit findings and 25 recommendations based upon the results of the pilot project 26 to the individuals specified in this division of this Act for 27 submission of reports by December 31, 2012. 28 24. Of the funds appropriated in this section $125,000 29 $327,947 shall be used for continuation of the central Iowa 30 system of care program grant through June 30, 2013. 31 25. Of the funds appropriated in this section, $80,000 32 $160,000 shall be used for the public purpose of the 33 continuation of a system of care grant implemented in Cerro 34 Gordo and Linn counties in accordance with this Act in FY 35 -47- LSB 5118XC (40) 84 pf/jp 47/ 95
S.F. _____ 2011-2012. 1 Sec. 23. 2011 Iowa Acts, chapter 129, section 129, is 2 amended to read as follows: 3 SEC. 129. ADOPTION SUBSIDY. 4 1. There is appropriated from the general fund of the 5 state to the department of human services for the fiscal year 6 beginning July 1, 2012, and ending June 30, 2013, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purpose designated: 9 For adoption subsidy payments and services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,633,295 11 33,238,897 12 2. The department may transfer funds appropriated in 13 this section to the appropriation made in this division of 14 this Act for general administration for costs paid from the 15 appropriation relating to adoption subsidy. 16 3. Federal funds received by the state during the 17 fiscal year beginning July 1, 2012, as the result of the 18 expenditure of state funds during a previous state fiscal 19 year for a service or activity funded under this section are 20 appropriated to the department to be used as additional funding 21 for the services and activities funded under this section. 22 Notwithstanding section 8.33 , moneys received in accordance 23 with this subsection that remain unencumbered or unobligated 24 at the close of the fiscal year shall not revert to any fund 25 but shall remain available for expenditure for the purposes 26 designated until the close of the succeeding fiscal year. 27 Sec. 24. 2011 Iowa Acts, chapter 129, section 131, is 28 amended to read as follows: 29 SEC. 131. FAMILY SUPPORT SUBSIDY PROGRAM. 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 -48- LSB 5118XC (40) 84 pf/jp 48/ 95
S.F. _____ For the family support subsidy program subject to the 1 enrollment restrictions in section 225C.37, subsection 3 : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 583,999 3 1,096,784 4 2. The department shall use at least $192,750 $385,500 5 of the moneys appropriated in this section for the family 6 support center component of the comprehensive family support 7 program under section 225C.47 . Not more than $12,500 $25,000 8 of the amount allocated in this subsection shall be used for 9 administrative costs. 10 3. If at any time during the fiscal year, the amount of 11 funding available for the family support subsidy program 12 is reduced from the amount initially used to establish the 13 figure for the number of family members for whom a subsidy 14 is to be provided at any one time during the fiscal year, 15 notwithstanding section 225C.38, subsection 2 , the department 16 shall revise the figure as necessary to conform to the amount 17 of funding available. 18 Sec. 25. 2011 Iowa Acts, chapter 129, section 132, is 19 amended to read as follows: 20 SEC. 132. CONNER DECREE. There is appropriated from the 21 general fund of the state to the department of human services 22 for the fiscal year beginning July 1, 2012, and ending June 30, 23 2013, the following amount, or so much thereof as is necessary, 24 to be used for the purpose designated: 25 For building community capacity through the coordination 26 and provision of training opportunities in accordance with the 27 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 28 Iowa, July 14, 1994): 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,811 30 33,622 31 Sec. 26. 2011 Iowa Acts, chapter 129, section 133, is 32 amended to read as follows: 33 SEC. 133. MENTAL HEALTH INSTITUTES. There is appropriated 34 from the general fund of the state to the department of human 35 -49- LSB 5118XC (40) 84 pf/jp 49/ 95
S.F. _____ services for the fiscal year beginning July 1, 2012, and ending 1 June 30, 2013, the following amounts, or so much thereof as is 2 necessary, to be used for the purposes designated: 3 1. For the state mental health institute at Cherokee for 4 salaries, support, maintenance, and miscellaneous purposes, and 5 for not more than the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,938,654 7 5,641,037 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 9 2. For the state mental health institute at Clarinda for 10 salaries, support, maintenance, and miscellaneous purposes, and 11 for not more than the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,205,867 13 6,463,337 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 15 3. For the state mental health institute at Independence for 16 salaries, support, maintenance, and miscellaneous purposes, and 17 for not more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,137,842 19 9,804,212 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 21 4. For the state mental health institute at Mount Pleasant 22 for salaries, support, maintenance, and miscellaneous purposes, 23 and for not more than the following full-time equivalent 24 positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 472,161 26 944,323 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.72 28 Sec. 27. 2011 Iowa Acts, chapter 129, section 134, is 29 amended to read as follows: 30 SEC. 134. STATE RESOURCE CENTERS. 31 1. There is appropriated from the general fund of the 32 state to the department of human services for the fiscal year 33 beginning July 1, 2012, and ending June 30, 2013, the following 34 amounts, or so much thereof as is necessary, to be used for the 35 -50- LSB 5118XC (40) 84 pf/jp 50/ 95
S.F. _____ purposes designated: 1 a. For the state resource center at Glenwood for salaries, 2 support, maintenance, and miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,253,900 4 19,092,576 5 b. For the state resource center at Woodward for salaries, 6 support, maintenance, and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,392,829 8 13,176,093 9 2. The department may continue to bill for state resource 10 center services utilizing a scope of services approach used for 11 private providers of ICFMR services, in a manner which does not 12 shift costs between the medical assistance program, counties, 13 or other sources of funding for the state resource centers. 14 3. The state resource centers may expand the time-limited 15 assessment and respite services during the fiscal year. 16 4. If the department’s administration and the department 17 of management concur with a finding by a state resource 18 center’s superintendent that projected revenues can reasonably 19 be expected to pay the salary and support costs for a new 20 employee position, or that such costs for adding a particular 21 number of new positions for the fiscal year would be less 22 than the overtime costs if new positions would not be added, 23 the superintendent may add the new position or positions. If 24 the vacant positions available to a resource center do not 25 include the position classification desired to be filled, the 26 state resource center’s superintendent may reclassify any 27 vacant position as necessary to fill the desired position. The 28 superintendents of the state resource centers may, by mutual 29 agreement, pool vacant positions and position classifications 30 during the course of the fiscal year in order to assist one 31 another in filling necessary positions. 32 5. If existing capacity limitations are reached in 33 operating units, a waiting list is in effect for a service or 34 a special need for which a payment source or other funding 35 -51- LSB 5118XC (40) 84 pf/jp 51/ 95
S.F. _____ is available for the service or to address the special need, 1 and facilities for the service or to address the special need 2 can be provided within the available payment source or other 3 funding, the superintendent of a state resource center may 4 authorize opening not more than two units or other facilities 5 and begin implementing the service or addressing the special 6 need during fiscal year 2012-2013. 7 Sec. 28. 2011 Iowa Acts, chapter 129, section 135, is 8 amended to read as follows: 9 SEC. 135. MI/MR/DD STATE CASES. 10 1. There is appropriated from the general fund of the 11 state to the department of human services for the fiscal year 12 beginning July 1, 2012, and ending June 30, 2013, the following 13 amount, or so much thereof as is necessary, to be used for the 14 purpose designated: 15 For distribution to counties for state case services 16 for persons with mental illness, mental retardation, and 17 developmental disabilities in accordance with section 331.440 : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,084,741 19 12,169,482 20 2. For the fiscal year beginning July 1, 2012, and ending 21 June 30, 2013, $100,000 $200,000 is allocated for state case 22 services from the amounts appropriated from the fund created 23 in section 8.41 to the department of human services from the 24 funds received from the federal government under 42 U.S.C. ch. 25 6A, subch. XVII, relating to the community mental health center 26 block grant, for the federal fiscal years beginning October 27 1, 2010, and ending September 30, 2011, beginning October 1, 28 2011, and ending September 30, 2012, and beginning October 1, 29 2012, and ending September 30, 2013. The allocation made in 30 this subsection shall be made prior to any other distribution 31 allocation of the appropriated federal funds. 32 3. Notwithstanding section 8.33 , moneys appropriated in 33 this section that remain unencumbered or unobligated at the 34 close of the fiscal year shall not revert but shall remain 35 -52- LSB 5118XC (40) 84 pf/jp 52/ 95
S.F. _____ available for expenditure for the purposes designated until the 1 close of the succeeding fiscal year. 2 Sec. 29. 2011 Iowa Acts, chapter 129, section 137, is 3 amended to read as follows: 4 SEC. 137. SEXUALLY VIOLENT PREDATORS. 5 1. There is appropriated from the general fund of the 6 state to the department of human services for the fiscal year 7 beginning July 1, 2012, and ending June 30, 2013, the following 8 amount, or so much thereof as is necessary, to be used for the 9 purpose designated: 10 For costs associated with the commitment and treatment of 11 sexually violent predators in the unit located at the state 12 mental health institute at Cherokee, including costs of legal 13 services and other associated costs, including salaries, 14 support, maintenance, and miscellaneous purposes, and for not 15 more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,775,363 17 9,113,668 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 19 95.90 20 2. Unless specifically prohibited by law, if the amount 21 charged provides for recoupment of at least the entire amount 22 of direct and indirect costs, the department of human services 23 may contract with other states to provide care and treatment 24 of persons placed by the other states at the unit for sexually 25 violent predators at Cherokee. The moneys received under 26 such a contract shall be considered to be repayment receipts 27 and used for the purposes of the appropriation made in this 28 section. 29 Sec. 30. 2011 Iowa Acts, chapter 129, section 138, is 30 amended to read as follows: 31 SEC. 138. FIELD OPERATIONS. 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 -53- LSB 5118XC (40) 84 pf/jp 53/ 95
S.F. _____ to be used for the purposes designated: 1 For field operations, including salaries, support, 2 maintenance, and miscellaneous purposes, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,394,960 5 61,915,440 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 7 Priority in filling full-time equivalent positions shall be 8 given to those positions related to child protection services 9 and eligibility determination for low-income families. 10 Notwithstanding section 8.33, moneys appropriated in this 11 section that remain unencumbered or unobligated at the close of 12 the fiscal year shall not revert but shall remain available for 13 expenditure for the purposes designated until the close of the 14 succeeding fiscal year. 15 Sec. 31. 2011 Iowa Acts, chapter 129, section 139, is 16 amended to read as follows: 17 SEC. 139. GENERAL ADMINISTRATION. There is appropriated 18 from the general fund of the state to the department of human 19 services for the fiscal year beginning July 1, 2012, and ending 20 June 30, 2013, the following amount, or so much thereof as is 21 necessary, to be used for the purpose designated: 22 For general administration, including salaries, support, 23 maintenance, and miscellaneous purposes, and for not more than 24 the following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,298,372 26 15,841,874 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 285.00 28 1. Of the funds appropriated in this section, $19,271 29 $38,543 allocated for the prevention of disabilities policy 30 council established in section 225B.3 . 31 2. The department shall report at least monthly to the 32 legislative services agency concerning the department’s 33 operational and program expenditures. 34 3. Of the funds appropriated in this section, $66,150 35 -54- LSB 5118XC (40) 84 pf/jp 54/ 95
S.F. _____ $132,300 shall be used to continue the contract for the 1 provision of a program to provide technical assistance, 2 support, and consultation to providers of habilitation services 3 and home and community-based services waiver services for 4 adults with disabilities under the medical assistance program. 5 4. Of the funds appropriated in this section, $88,200 6 $500,000 shall be used to continue the contract to expand 7 the provision of nationally accredited and recognized 8 internet-based training to include mental health and disability 9 services providers. 10 5. Of the funds appropriated in this section, $250,000 11 $500,000 shall be used for continuation of child protection 12 system improvements addressed in 2011 Iowa Acts, House File 13 562 , as enacted chapter 28 . 14 6. Notwithstanding section 8.33, moneys appropriated in 15 this section that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available for expenditure for the purposes designated until the 18 close of the succeeding fiscal year. 19 Sec. 32. 2011 Iowa Acts, chapter 129, section 140, is 20 amended to read as follows: 21 SEC. 140. VOLUNTEERS. There is appropriated from the 22 general fund of the state to the department of human services 23 for the fiscal year beginning July 1, 2012, and ending June 30, 24 2013, the following amount, or so much thereof as is necessary, 25 to be used for the purpose designated: 26 For development and coordination of volunteer services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,330 28 84,660 29 PROVIDER REIMBURSEMENT —— NURSING FACILITIES 30 Sec. 33. 2011 Iowa Acts, chapter 129, section 141, 31 subsection 1, paragraph a, subparagraph (1), is amended to read 32 as follows: 33 (1) For the fiscal year beginning July 1, 2012, the total 34 state funding amount for the nursing facility budget shall not 35 -55- LSB 5118XC (40) 84 pf/jp 55/ 95
S.F. _____ exceed $225,457,724 $237,226,901 . 1 PROVIDER REIMBURSEMENT —— PHARMACY, PMICS, HOME HEALTH 2 AGENCIES, HCBS WAIVER 3 Sec. 34. 2011 Iowa Acts, chapter 129, section 141, 4 subsection 1, paragraphs b, f, i, and q, are amended to read as 5 follows: 6 b. (1) For the fiscal year beginning July 1, 2012, the 7 department shall reimburse pharmacy dispensing fees using a 8 single rate of $4.34 $11.10 per prescription or the pharmacy’s 9 usual and customary fee, whichever is lower. However, 10 the department shall adjust the dispensing fee specified 11 in this paragraph to distribute an additional $2,981,980 12 in reimbursements for pharmacy dispensing fees under this 13 paragraph for the fiscal year. 14 (2) The department shall implement an average acquisition 15 cost reimbursement methodology for all drugs covered under the 16 medical assistance program. The methodology shall utilize a 17 survey of pharmacy invoices in determining the reimbursement. 18 Pharmacies and providers that are enrolled in the medical 19 assistance program shall make available drug acquisition cost 20 information, product availability information, and other 21 information deemed necessary by the department to assist the 22 department in monitoring and revising reimbursement rates and 23 for efficient operation of the pharmacy benefit. 24 (a) A pharmacy or provider shall produce and submit the 25 requested information in the manner and format requested by the 26 department or its designee at no cost to the department or its 27 designee. 28 (b) A pharmacy or provider shall submit information to the 29 department or its designee within the time frame indicated 30 following receipt of a request for information unless the 31 department or its designee grants an extension upon written 32 request of the pharmacy or provider. 33 f. For the fiscal year beginning July 1, 2012, reimbursement 34 rates for home health agencies shall remain at be increased by 35 -56- LSB 5118XC (40) 84 pf/jp 56/ 95
S.F. _____ 2 percent over the rates in effect on June 30, 2012, not to 1 exceed a home health agency’s actual allowable cost. 2 i. (1) For the fiscal year beginning July 1, 2012, 3 state-owned psychiatric medical institutions for children shall 4 receive cost-based reimbursement for 100 percent of the actual 5 and allowable costs for the provision of services to recipients 6 of medical assistance. 7 (2) For the nonstate-owned psychiatric medical institutions 8 for children, reimbursement rates shall be based on the 9 reimbursement methodology developed by the department as 10 required for federal compliance. 11 (3) As a condition of participation in the medical 12 assistance program, enrolled providers shall accept the medical 13 assistance reimbursement rate for any covered goods or services 14 provided to recipients of medical assistance who are children 15 under the custody of a psychiatric medical institution for 16 children. 17 q. For the fiscal year beginning July 1, 2012, the 18 department shall adjust the rates in effect on June 30, 2012, 19 reimbursement rates for providers of home and community-based 20 services waiver services to distribute an additional $1,500,000 21 in reimbursements to such providers for the fiscal year shall 22 be increased by 2 percent over the rates in effect on June 30, 23 2012 . 24 PROVIDER REIMBURSEMENT —— FOSTER FAMILY AND GROUP FOSTER CARE 25 Sec. 35. 2011 Iowa Acts, chapter 129, section 141, 26 subsections 4 and 6, are amended to read as follows: 27 4. For the fiscal year beginning July 1, 2012, 28 notwithstanding section 234.38 , the foster family basic daily 29 maintenance rate and the maximum adoption subsidy rate for 30 children ages 0 through 5 years shall be $15.74 $16.37 , the 31 rate for children ages 6 through 11 years shall be $16.37 32 $17.02 , the rate for children ages 12 through 15 years shall be 33 $17.92 $18.64 , and the rate for children and young adults ages 34 16 and older shall be $18.16 $18.89 . The maximum supervised 35 -57- LSB 5118XC (40) 84 pf/jp 57/ 95
S.F. _____ apartment living foster care reimbursement rate shall be $25.00 1 per day. For youth ages 18 to 21 who have exited foster care, 2 the maximum preparation for adult living program maintenance 3 rate shall be $574.00 per month. The maximum payment for 4 adoption subsidy nonrecurring expenses shall be limited to $500 5 and the disallowance of additional amounts for court costs and 6 other related legal expenses implemented pursuant to 2010 Iowa 7 Acts, chapter 1031, section 408 shall be continued. 8 6. a. For the fiscal year beginning July 1, 2012, the 9 reimbursement rates for family-centered service providers, 10 family foster care service providers, group foster care service 11 providers, and the resource family recruitment and retention 12 contractor shall remain at the rates in effect on June 30, 13 2012. 14 b. For the fiscal year beginning July 1, 2012, the 15 reimbursement rate for group foster care service providers 16 shall be increased by 4 percent over the rate in effect on June 17 30, 2012. 18 PROVIDER REIMBURSEMENT —— CHILD CARE 19 Sec. 36. 2011 Iowa Acts, chapter 129, section 141, 20 subsection 10, is amended to read as follows: 21 10. For the fiscal year beginning July 1, 2012, for child 22 care providers reimbursed under the state child care assistance 23 program, the department shall set provider reimbursement 24 rates based on the rate reimbursement survey completed in 25 December 2004. Effective July 1, 2012, the child care provider 26 reimbursement rates shall remain at be increased by 4 percent 27 over the rates in effect on June 30, 2012. The department 28 shall set rates in a manner so as to provide incentives for a 29 nonregistered provider to become registered by applying the 30 increase only to registered and licensed providers. 31 REBASING STUDY —— MEDICAID HOME HEALTH AND HCBS WAIVER SERVICE 32 PROVIDERS 33 Sec. 37. 2011 Iowa Acts, chapter 129, section 141, is 34 amended by adding the following new subsection: 35 -58- LSB 5118XC (40) 84 pf/jp 58/ 95
S.F. _____ NEW SUBSECTION . 10A. The department shall review 1 reimbursement of home health agency and home and 2 community-based services waiver services providers and shall 3 submit a recommendation for a rebasing methodology applicable 4 to such providers for the fiscal year beginning July 1, 2013, 5 and thereafter, to the individuals identified in this division 6 of this Act for receipt of reports. 7 ELDERLY WAIVER 8 Sec. 38. 2011 Iowa Acts, chapter 129, section 141, is 9 amended by adding the following new subsection: 10 NEW SUBSECTION . 10B. The department shall increase the 11 monthly reimbursement cap for the medical assistance home and 12 community-based services waiver for the elderly to $1,400 per 13 month. 14 REPORTS 15 Sec. 39. 2011 Iowa Acts, chapter 129, section 143, is 16 amended to read as follows: 17 SEC. 143. REPORTS. Any reports or other information 18 required to be compiled and submitted under this Act shall be 19 submitted to the chairpersons and ranking members of the joint 20 appropriations subcommittee on health and human services, the 21 legislative services agency, and the legislative caucus staffs 22 on or before the dates specified for submission of the reports 23 or information. 24 DIVISION V 25 HEALTH CARE ACCOUNTS AND FUNDS 26 PHARMACEUTICAL SETTLEMENT ACCOUNT 27 Sec. 40. 2011 Iowa Acts, chapter 129, section 145, is 28 amended to read as follows: 29 SEC. 145. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 30 appropriated from the pharmaceutical settlement account created 31 in section 249A.33 to the department of human services for the 32 fiscal year beginning July 1, 2012, and ending June 30, 2013, 33 the following amount, or so much thereof as is necessary, to be 34 used for the purpose designated: 35 -59- LSB 5118XC (40) 84 pf/jp 59/ 95
S.F. _____ Notwithstanding any provision of law to the contrary, to 1 supplement the appropriations made in this Act for medical 2 contracts under the medical assistance program for the fiscal 3 year beginning July 1, 2012, and ending June 30, 2013 : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,716,807 5 IOWACARE ACCOUNT APPROPRIATIONS —— UNIVERSITY OF IOWA HOSPITALS 6 AND CLINICS 7 Sec. 41. 2011 Iowa Acts, chapter 129, section 146, 8 subsection 2, unnumbered paragraph 2, is amended to read as 9 follows: 10 For salaries, support, maintenance, equipment, and 11 miscellaneous purposes, for the provision of medical and 12 surgical treatment of indigent patients, for provision of 13 services to members of the expansion population pursuant to 14 chapter 249J , and for medical education: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 16 45,654,133 17 IOWACARE ACCOUNT —— PUBLICLY OWNED ACUTE CARE TEACHING HOSPITAL 18 Sec. 42. 2011 Iowa Acts, chapter 129, section 146, 19 subsection 4, unnumbered paragraph 2, is amended to read as 20 follows: 21 For distribution to a publicly owned acute care teaching 22 hospital located in a county with a population over 350,000 for 23 the provision of medical and surgical treatment of indigent 24 patients, for provision of services to members of the expansion 25 population pursuant to chapter 249J , and for medical education: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 27 70,000,000 28 IOWACARE ACCOUNT —— PUBLICLY OWNED ACUTE CARE HOSPITAL 29 ALLOCATIONS 30 Sec. 43. 2011 Iowa Acts, chapter 129, section 146, 31 subsection 4, paragraphs a and b, are amended to read as 32 follows: 33 a. Notwithstanding any provision of law to the contrary, 34 the amount appropriated in this subsection shall be distributed 35 -60- LSB 5118XC (40) 84 pf/jp 60/ 95
S.F. _____ based on claims submitted, adjudicated, and paid by the Iowa 1 Medicaid enterprise plus a monthly disproportionate share 2 hospital payment. Any amount appropriated in this subsection 3 in excess of $60,000,000 $65,000,000 shall be distributed only 4 if the sum of the expansion population claims adjudicated 5 and paid by the Iowa Medicaid enterprise plus the estimated 6 disproportionate share hospital payments exceeds $60,000,000 7 $65,000,000 . The amount paid in excess of $60,000,000 8 $65,000,000 shall not adjust the original monthly payment 9 amount but shall be distributed monthly based on actual claims 10 adjudicated and paid by the Iowa Medicaid enterprise plus 11 the estimated disproportionate share hospital amount. Any 12 amount appropriated in this subsection in excess of $60,000,000 13 $65,000,000 shall be allocated only if federal funds are 14 available to match the amount allocated. Pursuant to paragraph 15 “b”, of the amount appropriated in this subsection, not more 16 than $4,000,000 shall be distributed for prescription drugs , 17 and podiatry services , and optometric services . 18 b. Notwithstanding any provision of law to the contrary, 19 the hospital identified in this subsection, shall be reimbursed 20 for outpatient prescription drugs , and podiatry services , 21 and optometric services provided to members of the expansion 22 population pursuant to all applicable medical assistance 23 program rules, in an amount not to exceed $4,000,000. 24 IOWACARE ACCOUNT —— REGIONAL PROVIDER NETWORK 25 Sec. 44. 2011 Iowa Acts, chapter 129, section 146, 26 subsection 5, unnumbered paragraph 2, is amended to read as 27 follows: 28 For payment to the regional provider network specified 29 by the department pursuant to section 249J.7 for provision 30 of covered services to members of the expansion population 31 pursuant to chapter 249J : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 33 4,986,366 34 ACCOUNT FOR HEALTH CARE TRANSFORMATION 35 -61- LSB 5118XC (40) 84 pf/jp 61/ 95
S.F. _____ Sec. 45. 2011 Iowa Acts, chapter 129, section 148, is 1 amended to read as follows: 2 SEC. 148. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE 3 TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES. 4 Notwithstanding any provision to the contrary, there is 5 appropriated from the account for health care transformation 6 created in section 249J.23 to the department of human services 7 for the fiscal year beginning July 1, 2012, and ending June 8 30, 2013, the following amounts, or so much thereof as is 9 necessary, to be used for the purposes designated: 10 1. For the provision of an IowaCare nurse helpline for the 11 expansion population as provided in section 249J.6 : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 13 100,000 14 2. For other health promotion partnership activities 15 pursuant to section 249J.14 : 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 17 600,000 18 3. For the costs related to audits, performance 19 evaluations, and studies required pursuant to chapter 249J : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 21 125,000 22 4. For administrative costs associated with chapter 249J : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 566,206 24 1,132,412 25 5. For planning and development, in cooperation with the 26 department of public health, of a phased-in program to provide 27 a dental home for children in accordance with section 249J.14 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 29 1,000,000 30 6. For continuation of the establishment of the tuition 31 assistance for individuals serving individuals with 32 disabilities pilot program, as enacted in 2008 Iowa Acts, 33 chapter 1187, section 130: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 35 -62- LSB 5118XC (40) 84 pf/jp 62/ 95
S.F. _____ 50,000 1 7. For medical contracts: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 3 2,400,000 4 8. For payment to the publicly owned acute care teaching 5 hospital located in a county with a population of over 350,000 6 that is a participating provider pursuant to chapter 249J : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,000 8 290,000 9 Disbursements under this subsection shall be made monthly. 10 The hospital shall submit a report following the close of the 11 fiscal year regarding use of the funds appropriated in this 12 subsection to the persons specified in this Act to receive 13 reports. 14 9. For transfer to the department of public health to be 15 used for the costs of medical home system advisory council 16 established pursuant to section 135.159 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,679 18 233,357 19 10. For continued implementation of a uniform cost report: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 21 150,000 22 11. For continued implementation of an electronic medical 23 records system: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 25 100,000 26 Notwithstanding section 8.33 , funds allocated in this 27 subsection that remain unencumbered or unobligated at the close 28 of the fiscal year shall not revert but shall remain available 29 in succeeding fiscal years to be used for the purposes 30 designated. 31 12. For transfer to the department of public health to 32 support the department’s activities relating to health and 33 long-term care access as specified pursuant to chapter 135, 34 division XXIV : 35 -63- LSB 5118XC (40) 84 pf/jp 63/ 95
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,107 1 134,214 2 13. For continuation of an accountable care organization 3 pilot project: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 5 100,000 6 14. For the continued development of a provider payment 7 system plan to provide recommendations to reform the health 8 care provider payment system as an effective way to promote 9 coordination of care, lower costs, and improve quality: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 11 15. For transfer to the department of public health to 12 be used as state matching funds for the health information 13 technology system network developed by the department of public 14 health: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 181,993 16 363,987 17 16. To supplement the appropriation for medical assistance: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,956,245 19 Notwithstanding section 8.39, subsection 1 , without the 20 prior written consent and approval of the governor and the 21 director of the department of management, the director of human 22 services may transfer funds among the appropriations made in 23 this section as necessary to carry out the purposes of the 24 account for health care transformation. The department shall 25 report any transfers made pursuant to this section to the 26 legislative services agency. 27 MEDICAID FRAUD FUND 28 Sec. 46. 2011 Iowa Acts, chapter 129, section 150, is 29 amended to read as follows: 30 SEC. 150. MEDICAID FRAUD ACCOUNT FUND —— DEPARTMENT OF 31 HUMAN SERVICES. There is appropriated from the Medicaid fraud 32 account fund created in section 249A.7 to the department of 33 human services for the fiscal year beginning July 1, 2012, and 34 ending June 30, 2013, the following amount, or so much thereof 35 -64- LSB 5118XC (40) 84 pf/jp 64/ 95
S.F. _____ as is necessary, to be used for the purposes designated: 1 To supplement the appropriation made in this Act from the 2 general fund of the state to the department of human services 3 for medical assistance for the fiscal year beginning July 1, 4 2012, and ending June 30, 2013 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 QUALITY ASSURANCE TRUST FUND 7 Sec. 47. 2011 Iowa Acts, chapter 129, section 151, is 8 amended to read as follows: 9 SEC. 151. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 10 HUMAN SERVICES. Notwithstanding any provision to the contrary 11 and subject to the availability of funds, there is appropriated 12 from the quality assurance trust fund created in section 13 249L.4 to the department of human services for the fiscal year 14 beginning July 1, 2012, and ending June 30, 2013, the following 15 amounts, or so much thereof as is necessary for the purposes 16 designated: 17 To supplement the appropriation made in this Act from the 18 general fund of the state to the department of human services 19 for medical assistance: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,000,000 21 26,500,000 22 HOSPITAL HEALTH CARE ACCESS TRUST FUND 23 Sec. 48. 2011 Iowa Acts, chapter 129, section 152, is 24 amended to read as follows: 25 SEC. 152. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 26 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 27 the contrary and subject to the availability of funds, there is 28 appropriated from the hospital health care access trust fund 29 created in section 249M.4 to the department of human services 30 for the fiscal year beginning July 1, 2012, and ending June 31 30, 2013, the following amounts, or so much thereof as is 32 necessary, for the purposes designated: 33 1. To supplement the appropriation made in this Act from the 34 general fund of the state to the department of human services 35 -65- LSB 5118XC (40) 84 pf/jp 65/ 95
S.F. _____ for medical assistance: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 2 33,898,400 3 2. For deposit in the nonparticipating provider 4 reimbursement fund created in section 249J.24A to be used for 5 the purposes of the fund: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 776,200 7 801,600 8 MISCELLANEOUS PROVISIONS 9 Sec. 49. 2011 Iowa Acts, chapter 129, section 153, is 10 amended to read as follows: 11 SEC. 153. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 12 FOR FY 2012-2013. Notwithstanding section 8.33 , if moneys 13 appropriated for purposes of the medical assistance program 14 for the fiscal year beginning July 1, 2012, and ending June 15 30, 2013, from the general fund of the state, the Medicaid 16 fraud account, the quality assurance trust fund, and the 17 hospital health care access trust fund, are in excess of actual 18 expenditures for the medical assistance program and remain 19 unencumbered or unobligated at the close of the fiscal year, 20 the excess moneys shall not revert but shall remain available 21 for expenditure for the purposes of the medical assistance 22 program until the close of the succeeding fiscal year. 23 Sec. 50. REPEAL. 2011 Iowa Acts, chapter 129, section 149, 24 is repealed. 25 DIVISION VI 26 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 27 CONTINGENCY FUND 28 Sec. 51. CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD 29 ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE OF FUNDS —— 30 FY 2011-2012. 31 1. Moneys received from the federal government through 32 the child enrollment contingency fund established pursuant 33 to section 103 of the federal Children’s Health Insurance 34 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 35 -66- LSB 5118XC (40) 84 pf/jp 66/ 95
S.F. _____ appropriated to the department of human services for the fiscal 1 year beginning July 1, 2011, and ending June 30, 2012, to be 2 used in addition to any other amounts appropriated for the same 3 purposes for the fiscal year as follows: 4 a. For adoption subsidy payments and services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,177,355 6 b. For child care programs: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,212,432 8 2. Notwithstanding section 8.39, and to the extent 9 that funds appropriated in this section are unexpended or 10 unobligated for the purposes specified in subsection 1, the 11 department of human services may transfer funds within or 12 between any of the appropriations made in this section for the 13 following purposes: 14 a. For adoption subsidy payments and services. 15 b. For child care assistance. 16 Sec. 52. CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD 17 ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE OF FUNDS —— 18 FY 2012-2013. 19 1. a. Moneys received from the federal government through 20 the child enrollment contingency fund established pursuant 21 to section 103 of the federal Children’s Health Insurance 22 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 23 appropriated to the department of human services for the fiscal 24 year beginning July 1, 2012, and ending June 30, 2013, to be 25 used in addition to any other amounts appropriated for the same 26 purposes for the fiscal year as follows: 27 (1) For adoption subsidy payments and services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,290,441 29 (2) For child care programs: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,969,021 31 (3) For mental health and disability services redesign 32 technical assistance services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 34 (4) For the field operations integrity claims unit: 35 -67- LSB 5118XC (40) 84 pf/jp 67/ 95
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 961,100 1 (5) For medical assistance program reimbursement and 2 associated costs: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,950,428 4 (6) For lodging expenses associated with patient care 5 provided at the university of Iowa hospital and clinics under 6 chapter 249J: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 8 The department of human services shall establish the maximum 9 number of overnight stays and the maximum rate reimbursed for 10 overnight lodging, which may be based on the state employee 11 rate established by the department of administrative services. 12 The funds allocated under this subparagraph shall not be used 13 as nonfederal share matching funds. 14 (7) For ambulance services associated with patient care 15 provided under chapter 249J: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 17 The department of human services shall establish 18 requirements for use of funds in this subparagraph for 19 ambulance services when no other third-party payment is 20 available. The funds allocated in this subparagraph shall not 21 be used as nonfederal share matching funds. 22 (8) For the public purpose of distribution to a statewide 23 nonprofit organization consisting of low-income housing and 24 homelessness service providers, advocates, local governments, 25 lending institutions, and low-income and homeless individuals 26 to be used to empower low-income individuals and to increase 27 their access to affordable housing: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 29 b. Notwithstanding section 8.39, and to the extent that 30 funds appropriated in this subsection are unexpended or 31 unobligated for the purposes specified in paragraph “a”, 32 subparagraphs (1) and (2), for the fiscal year beginning July 33 1, 2012, the department of human services may transfer funds 34 within or between any of the appropriations made in this 35 -68- LSB 5118XC (40) 84 pf/jp 68/ 95
S.F. _____ subsection for the following purposes: 1 (1) For adoption subsidy payments and services. 2 (2) For child care assistance. 3 2. Moneys received from the federal government through 4 the child enrollment contingency fund established pursuant 5 to section 103 of the federal Children’s Health Insurance 6 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 7 appropriated to the department of human services for the fiscal 8 year beginning July 1, 2012, and ending June 30, 2013, to be 9 used for audit settlements: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,654,238 11 Notwithstanding section 8.33, moneys appropriated in this 12 subsection that remain unencumbered or unobligated at the close 13 of the fiscal year shall not revert to any other fund but shall 14 remain available for expenditure for the purposes designated 15 until the close of the succeeding fiscal year. 16 Sec. 53. EFFECTIVE DATE PROVISIONS. The section of this 17 division of this Act appropriating moneys received through the 18 federal Child Enrollment Contingency Fund for the fiscal year 19 beginning July 1, 2011, and ending June 30, 2012, being deemed 20 of immediate importance, take effect upon enactment. 21 Sec. 54. RETROACTIVE APPLICABILITY. The section of this 22 division of this Act appropriating moneys received through 23 the federal Child Enrollment Contingency Fund for the fiscal 24 year beginning July 1, 2011, and ending June 30, 2012, applies 25 retroactively to July 1, 2011. 26 DIVISION VII 27 MENTAL HEALTH AND DISABILITY SERVICES REDESIGN 28 Sec. 55. RISK POOL APPROPRIATION FOR MEDICAL ASSISTANCE 29 PROGRAM. All moneys remaining in the risk pool of the property 30 tax relief fund on June 30, 2012, following the distributions 31 made pursuant to 2012 Iowa Acts, Senate File 2071, are 32 appropriated to the department of human services for the fiscal 33 year beginning July 1, 2012, and ending June 30, 2013, to be 34 used for the purpose designated: 35 -69- LSB 5118XC (40) 84 pf/jp 69/ 95
S.F. _____ To be credited to the appropriation made for the medical 1 assistance program in 2011 Iowa Acts, chapter 129, section 122. 2 Sec. 56. MENTAL HEALTH AND DISABILITY SERVICES REDESIGN. 3 There is appropriated from the general fund of the state to 4 the department of human services for the fiscal year beginning 5 July 1, 2012, and ending June 30, 2013, the following amount, 6 or so much thereof as is necessary, to be used for the purposes 7 designated: 8 To be used as provided in additional enactments by the 9 Eighty-fourth General Assembly, 2012 Session, for redesign of 10 county-based adult mental health and disability services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,893,762 12 DIVISION VIII 13 PRIOR APPROPRIATIONS AND RELATED CHANGES 14 INJURED VETERANS GRANT PROGRAM 15 Sec. 57. 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 CHILD WELFARE DECATEGORIZATION 26 FY 2009-2010 NONREVERSION 27 Sec. 58. 2009 Iowa Acts, chapter 182, section 14, subsection 28 5, unnumbered paragraph 2, as enacted by 2011 Iowa Acts, 29 chapter 129, section 55, is amended to read as follows: 30 Notwithstanding section 232.188, subsection 5 , moneys from 31 the allocations made in this subsection or made from any other 32 source for the decategorization of child welfare and juvenile 33 justice funding initiative under section 232.188 for the fiscal 34 year beginning July 1, 2009, that are designated as carryover 35 -70- LSB 5118XC (40) 84 pf/jp 70/ 95
S.F. _____ funding that remain unencumbered or unobligated at the close 1 of the fiscal year beginning July 1, 2010, shall not revert 2 but shall be transferred to in equal amounts to the community 3 housing and services for persons with disabilities revolving 4 loan program fund created in section 16.185 , as enacted by 5 this division of this 2011 Act and to the supportive and 6 residential services for individuals who meet the psychiatric 7 medical institution for children level of care competitive 8 grant program fund created in section 16.185A, as enacted by 9 this 2012 Act . 10 IOWA VETERANS HOME 11 Sec. 59. 2011 Iowa Acts, chapter 129, section 3, subsection 12 2, is amended by adding the following new paragraph: 13 NEW PARAGRAPH . d. The funds appropriated in this subsection 14 to the Iowa veterans home that remain available for expenditure 15 for the succeeding fiscal year pursuant to section 35D.18, 16 subsection 5, shall be distributed to be used in the succeeding 17 fiscal year in accordance with this lettered paragraph. The 18 first $500,000 shall remain available to be used for the 19 purposes of the Iowa veterans home. Any remaining balance 20 shall be credited to the appropriation in this Act for the 21 fiscal year beginning July 1, 2012, for medical assistance. 22 FAMILY INVESTMENT PROGRAM —— GENERAL FUND 23 Sec. 60. 2011 Iowa Acts, chapter 129, section 7, is amended 24 by adding the following new subsection: 25 NEW SUBSECTION . 5. Notwithstanding section 8.33, moneys 26 appropriated in this section that remain unencumbered or 27 unobligated at the close of the fiscal year shall not revert 28 but shall remain available for expenditure for the purposes 29 designated until the close of the succeeding fiscal year. 30 MEDICAL ASSISTANCE 31 Sec. 61. 2011 Iowa Acts, chapter 129, section 10, subsection 32 20, paragraph d, is amended to read as follows: 33 d. If the savings to the medical assistance program exceed 34 the cost, the department may transfer any savings generated 35 -71- LSB 5118XC (40) 84 pf/jp 71/ 95
S.F. _____ for the fiscal year due to medical assistance program cost 1 containment efforts initiated pursuant to 2010 Iowa Acts, 2 chapter 1031, Executive Order No. 20, issued December 16, 3 2009, or cost containment strategies initiated pursuant 4 to this subsection, to the appropriation appropriations 5 made in this division of this Act for medical contracts or 6 general administration to defray the increased contract costs 7 associated with implementing such efforts. 8 BEHAVIORAL HEALTH SERVICES ACCOUNT —— MEDICAL ASSISTANCE 9 Sec. 62. 2011 Iowa Acts, chapter 129, section 10, is amended 10 by adding the following new subsection: 11 NEW SUBSECTION . 26. Notwithstanding 2009 Iowa Acts, 12 chapter 182, section 9, subsection 16, paragraph “b”, as 13 amended by 2010 Iowa Acts, chapter 1192, section 63, as amended 14 by 2011 Iowa Acts, chapter 129, section 54, funds in the 15 account that remain unencumbered or unobligated at the end of 16 the fiscal year beginning July 1, 2011, are appropriated to 17 the department of human services to be used for the medical 18 assistance program for the succeeding fiscal year. 19 STATE SUPPLEMENTARY ASSISTANCE 20 Sec. 63. 2011 Iowa Acts, chapter 129, section 11, is amended 21 by adding the following new subsection: 22 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 23 appropriated in this section that remain unencumbered or 24 unobligated at the close of the fiscal year shall not revert 25 but shall remain available for expenditure for the purposes 26 designated until the close of the succeeding fiscal year. 27 FIELD OPERATIONS 28 Sec. 64. 2011 Iowa Acts, chapter 129, section 25, is amended 29 by adding the following new unnumbered paragraph: 30 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 8.33, 31 moneys appropriated in this section that remain unencumbered or 32 unobligated at the close of the fiscal year shall not revert 33 but shall remain available for expenditure for the purposes 34 designated until the close of the succeeding fiscal year. 35 -72- LSB 5118XC (40) 84 pf/jp 72/ 95
S.F. _____ GENERAL ADMINISTRATION 1 Sec. 65. 2011 Iowa Acts, chapter 129, section 26, is amended 2 by adding the following new subsection: 3 NEW SUBSECTION . 6. Notwithstanding section 8.33, moneys 4 appropriated in this section that remain unencumbered or 5 unobligated at the close of the fiscal year shall not revert 6 but shall remain available for expenditure for the purposes 7 designated until the close of the succeeding fiscal year. 8 IOWACARE DISTRIBUTIONS 9 Sec. 66. 2011 Iowa Acts, chapter 129, section 35, subsection 10 4, paragraph a, is amended to read as follows: 11 a. Notwithstanding any provision of law to the contrary, 12 the amount appropriated in this subsection shall be distributed 13 based on claims submitted, adjudicated, and paid by the Iowa 14 Medicaid enterprise plus a monthly disproportionate share 15 hospital payment. Any amount appropriated in this subsection 16 in excess of $60,000,000 $56,500,000 shall be distributed only 17 if the sum of the expansion population claims adjudicated 18 and paid by the Iowa Medicaid enterprise plus the estimated 19 disproportionate share hospital payments exceeds $60,000,000 20 $56,500,000 . The amount paid in excess of $60,000,000 21 $56,500,000 shall not adjust the original monthly payment 22 amount but shall be distributed monthly based on actual claims 23 adjudicated and paid by the Iowa Medicaid enterprise plus 24 the estimated disproportionate share hospital amount. Any 25 amount appropriated in this subsection in excess of $60,000,000 26 $56,500,000 shall be allocated only if federal funds are 27 available to match the amount allocated. Pursuant to paragraph 28 “b”, of the amount appropriated in this subsection, not more 29 than $4,000,000 shall be distributed for prescription drugs and 30 podiatry services. 31 Sec. 67. 2011 Iowa Acts, chapter 129, section 35, subsection 32 4, paragraph d, subparagraph (2), is amended to read as 33 follows: 34 (2) Notwithstanding the amount collected and distributed 35 -73- LSB 5118XC (40) 84 pf/jp 73/ 95
S.F. _____ for deposit in the IowaCare account pursuant to section 1 249J.24, subsection 4 , paragraph “a”, subparagraph (2), 2 the first $19,000,000 in collections pursuant to section 3 347.7 between January 1, 2012, and June 30, 2012, shall be 4 distributed to the treasurer of state for deposit in the 5 IowaCare account and collections during this time period in 6 excess of $19,000,000 shall be distributed to the acute care 7 teaching hospital identified in this subsection. Of the 8 collections in excess of the $19,000,000 received by the acute 9 care teaching hospital under this subparagraph (2), $2,000,000 10 shall be distributed by the acute care teaching hospital to the 11 treasurer of state for deposit in the IowaCare account in the 12 month of July 2012, following the January 1 through June 30, 13 2012, period. 14 Sec. 68. IMMEDIATE EFFECTIVE DATE. This division of this 15 Act, being deemed of immediate importance, takes effect upon 16 enactment. 17 Sec. 69. RETROACTIVE APPLICABILITY. The following sections 18 of this division of this Act apply retroactively to July 1, 19 2011: 20 1. The section relating to the transfer of funds from costs 21 savings under the medical assistance program to appropriations 22 for medical contracts or general administration for the fiscal 23 year beginning July 1, 2011, and ending June 30, 2012. 24 2. The section relating to the nonreversion of 25 decategorization of child welfare and juvenile justice funds. 26 3. The section relating to the distribution of IowaCare 27 program funds. 28 DIVISION IX 29 MISCELLANEOUS 30 Sec. 70. NEW SECTION . 16.185A Supportive and residential 31 services for individuals who meet the psychiatric medical 32 institution for children level of care —— competitive grant 33 program fund. 34 1. A supportive and residential services competitive 35 -74- LSB 5118XC (40) 84 pf/jp 74/ 95
S.F. _____ grant program fund is created within the authority to further 1 the availability of supportive and residential services for 2 individuals who meet the psychiatric medical institution 3 for children level of care under the medical assistance 4 program. The moneys in the fund are annually appropriated to 5 the authority to be used for the development and operation 6 of a competitive grant program to provide financing to 7 construct supportive housing or develop the infrastructure 8 in which to provide supportive services, including through 9 new construction, acquisition and rehabilitation of existing 10 housing or infrastructure, or conversion or adaptive reuse. 11 2. Moneys transferred by the authority for deposit in the 12 competitive grant program fund, moneys appropriated to the 13 competitive grant program, and any other moneys available to 14 and obtained or accepted by the authority for placement in the 15 fund shall be credited to the fund. Additionally, payment of 16 interest, recaptures of awards, and other repayments to the 17 fund shall be credited to the fund. Notwithstanding section 18 12C.7, subsection 2, interest or earnings on moneys in the fund 19 shall be credited to the fund. Notwithstanding section 8.33, 20 moneys credited to the fund from any other fund that remain 21 unencumbered or unobligated at the close of the fiscal year 22 shall not revert to the other fund. 23 3. The authority shall annually allocate moneys available 24 in the fund for the development of supportive housing or the 25 infrastructure in which to provide supportive services for 26 individuals who meet the psychiatric medical institution for 27 children level of care under the medical assistance program. 28 Moneys allocated to such projects shall be in the form of 29 competitive grants. An application submitted shall contain a 30 commitment of at least a dollar-for-dollar match of the grant 31 assistance. 32 4. a. A project shall demonstrate written approval of the 33 project by the department of human services to the authority 34 prior to application for funding under this section. 35 -75- LSB 5118XC (40) 84 pf/jp 75/ 95
S.F. _____ b. In order to be approved by the department of human 1 services for application for funding under this section, a 2 project shall include all of the following components: 3 (1) Provision of services to individuals who meet the 4 psychiatric medical institution for children level of care 5 under the medical assistance program. 6 (2) Policies and procedures that prohibit discharge of the 7 individual from the services provided by the project provider 8 unless an alternative placement that is acceptable to the 9 client or the client’s guardian is identified. 10 5. Housing provided through a project under this section is 11 exempt from the requirements of chapter 135O. 12 6. The authority, in collaboration with the department of 13 human services, shall adopt rules pursuant to chapter 17A to 14 administer this section. 15 Sec. 71. Section 97B.39, Code 2011, is amended to read as 16 follows: 17 97B.39 Rights not transferable or subject to legal process 18 —— exceptions. 19 The right of any person to any future payment under this 20 chapter is not transferable or assignable, at law or in 21 equity, and the moneys paid or payable or rights existing 22 under this chapter are not subject to execution, levy, 23 attachment, garnishment, or other legal process, or to the 24 operation of any bankruptcy or insolvency law except for the 25 purposes of enforcing child, spousal, or medical support 26 obligations or marital property orders , or for recovery of 27 medical assistance payments pursuant to section 249A.5 . For 28 the purposes of enforcing child, spousal, or medical support 29 obligations, the garnishment or attachment of or the execution 30 against compensation due a person under this chapter shall 31 not exceed the amount specified in 15 U.S.C. § 1673(b). 32 The system shall comply with the provisions of a marital 33 property order requiring the selection of a particular benefit 34 option, designated beneficiary, or contingent annuitant if 35 -76- LSB 5118XC (40) 84 pf/jp 76/ 95
S.F. _____ the selection is otherwise authorized by this chapter and 1 the member has not received payment of the member’s first 2 retirement allowance. However, a marital property order shall 3 not require the payment of benefits to an alternative payee 4 prior to the member’s retirement, prior to the date the member 5 elects to receive a lump sum distribution of accumulated 6 contributions pursuant to section 97B.53 , or in an amount that 7 exceeds the benefits the member would otherwise be eligible to 8 receive pursuant to this chapter . 9 Sec. 72. Section 135.11, Code Supplement 2011, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 31. Administer a public awareness program 12 for human papillomavirus infection vaccination by identifying 13 medically accurate materials that contain information regarding 14 the risks associated with the various forms of the infection 15 in causing cervical cancer, and any other diseases for which 16 the department may recommend immunization or immunization 17 information, and the availability, effectiveness, and potential 18 risks of those vaccines. The department shall make the 19 identified materials available on the department’s internet 20 site, provide education and training to health professionals 21 and the general public regarding the vaccines, and notify 22 each school district in the state of the availability of the 23 information. For the purposes of this subsection, “human 24 papillomavirus” means the group of viruses identified by the 25 centers for disease control and prevention of the United States 26 department of health and human services. 27 Sec. 73. Section 135H.10, subsection 3, Code 2011, is 28 amended by striking the subsection. 29 Sec. 74. Section 144D.4, as enacted by 2012 Iowa Acts, House 30 File 2165, section 5, is amended by adding the following new 31 subsection: 32 NEW SUBSECTION . 10. A POST form executed between July 1, 33 2008, and June 30, 2012, as part of the patient autonomy in 34 health care decisions pilot project created pursuant to 2008 35 -77- LSB 5118XC (40) 84 pf/jp 77/ 95
S.F. _____ Iowa Acts, chapter 1188, section 36, as amended by 2010 Iowa 1 Acts, chapter 1192, section 58, shall remain effective until 2 revoked or until a new POST form is executed pursuant to this 3 chapter. 4 Sec. 75. Section 225B.8, Code Supplement 2011, is amended 5 to read as follows: 6 225B.8 Repeal. 7 This chapter is repealed July 1, 2012 2017 . 8 Sec. 76. NEW SECTION . 231.45 Certified volunteer long-term 9 care resident’s advocate program. 10 1. The department shall establish a certified volunteer 11 long-term care resident’s advocate program in accordance with 12 the federal Act to provide assistance to the state and local 13 long-term care resident’s advocates. 14 2. The department shall develop and implement a 15 certification process for volunteer long-term care resident’s 16 advocates including but not limited to an application process, 17 provision for background checks, classroom or on-site training, 18 orientation, and continuing education. 19 3. The provisions of section 231.42 relating to local 20 long-term care resident’s advocates shall apply to certified 21 volunteer long-term care resident’s advocates. 22 4. The department shall adopt rules pursuant to chapter 17A 23 to administer this section. 24 Sec. 77. Section 453A.35, Code Supplement 2011, is amended 25 to read as follows: 26 453A.35 Tax and fees paid to general fund —— standing 27 appropriation to health care trust fund. 28 1. a. With the exception of revenues credited to the health 29 care trust fund pursuant to paragraph “b” , the The proceeds 30 derived from the sale of stamps and the payment of taxes, fees, 31 and penalties provided for under this chapter , and the permit 32 fees received from all permits issued by the department, shall 33 be credited to the general fund of the state. 34 b. Of the revenues generated from the tax on cigarettes 35 -78- LSB 5118XC (40) 84 pf/jp 78/ 95
S.F. _____ pursuant to section 453A.6, subsection 1 , and from the tax on 1 tobacco products as specified in section 453A.43, subsections 2 1, 2, 3, and 4 , the first one hundred six million sixteen 3 thousand four hundred dollars shall be credited to the health 4 care trust fund created in section 453A.35A. 5 2. All permit fees provided for in this chapter and 6 collected by cities in the issuance of permits granted by the 7 cities shall be paid to the treasurer of the city where the 8 permit is effective, or to another city officer as designated 9 by the council, and credited to the general fund of the city. 10 Permit fees so collected by counties shall be paid to the 11 county treasurer. 12 Sec. 78. Section 453A.35A, subsection 1, Code Supplement 13 2011, is amended to read as follows: 14 1. A health care trust fund is created in the office of 15 the treasurer of state. The fund consists of the revenues 16 generated from the tax on cigarettes pursuant to section 17 453A.6, subsection 1 , and from the tax on tobacco products 18 as specified in section 453A.43 , subsections 1, 2, 3, and 4 , 19 that are credited to the health care trust fund, annually, 20 pursuant to section 453A.35 derived from the sale of stamps 21 and the payment of taxes, fees, and penalties provided for 22 under this chapter, and the permit fees received from all 23 permits issued by the department . Moneys in the fund shall be 24 separate from the general fund of the state and shall not be 25 considered part of the general fund of the state. However, the 26 fund shall be considered a special account for the purposes 27 of section 8.53 relating to generally accepted accounting 28 principles. Moneys in the fund shall be used only as specified 29 in this section and shall be appropriated only for the uses 30 specified. Moneys in the fund are not subject to section 8.33 31 and shall not be transferred, used, obligated, appropriated, 32 or otherwise encumbered, except as provided in this section . 33 Notwithstanding section 12C.7, subsection 2 , interest or 34 earnings on moneys deposited in the fund shall be credited to 35 -79- LSB 5118XC (40) 84 pf/jp 79/ 95
S.F. _____ the fund. 1 DIVISION X 2 DIRECT CARE PROFESSIONALS 3 Sec. 79. NEW SECTION . 152F.1 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Board” means the board of direct care professionals 7 created under chapter 147. 8 2. “Community living professional” means a direct care 9 associate who has completed advanced training and is certified 10 to provide home and community living, instrumental activities 11 of daily living, and personal support services. 12 3. “Direct care associate” means an individual who has 13 completed core training and is certified to provide direct care 14 services in the state. 15 4. “Direct care instructor” means an individual approved 16 by the board to provide direct care instruction to direct care 17 professionals. 18 5. “Direct care professional” means an individual who 19 provides direct care services for compensation and is a direct 20 care associate, a community living professional, a health 21 support professional, or a personal support professional. 22 6. “Direct care services” means the services provided to 23 individuals who are ill or individuals with disabilities as 24 specified in the individual’s service plan or in documented 25 goals, including but not limited to home and community living 26 services, instrumental activities of daily living services, 27 personal activities of daily living services, personal support 28 services, and health monitoring and maintenance services. 29 7. “Direct care trainer” means a direct care instructor who 30 is approved by the board to train instructors. 31 8. “Health monitoring and maintenance services” means 32 medically-oriented services that assist an individual in 33 maintaining the individual’s health including measuring intake 34 and output; providing catheter and ostomy care; collecting 35 -80- LSB 5118XC (40) 84 pf/jp 80/ 95
S.F. _____ specimens; checking vital signs, including temperature, pulse, 1 respiration, and blood pressure; measuring height and weight; 2 performing range of motion exercises; providing assistance with 3 urinary care; and application of thrombo embolic deterrent hose 4 or hot and cold packs. 5 9. “Health support professional” means a direct care 6 associate who has completed advanced training and is certified 7 to provide personal activities of daily living and health 8 monitoring and maintenance services or a direct care associate 9 who has met the federal nurse aide requirements pursuant to 42 10 C.F.R. § 483.152. 11 10. “Home and community living services” means services to 12 enhance or maintain independence of individuals including such 13 activities as helping individuals develop and meet personal 14 goals, providing direct physical and emotional support and 15 assistance for persons with disabilities, utilizing crisis 16 intervention and positive behavior supports, and using and 17 following individual support plans. 18 11. “Instrumental activities of daily living services” means 19 services provided to assist individuals with daily living tasks 20 to allow them to function independently in a home or community 21 setting, including but not limited to assistance with managing 22 money, transportation, light housekeeping, and shopping and 23 cooking. 24 12. “Personal activities of daily living services” means 25 services to assist individuals in meeting basic needs, 26 including but not limited to bathing, back rubs, and skin care; 27 grooming activities; assistance with dressing and undressing; 28 assistance with eating and feeding; assistance with toileting; 29 and assistance with mobility, including transfers, walking, and 30 turning in bed. 31 13. “Personal support professional” means a direct care 32 associate who has completed advanced training and is certified 33 to provide instrumental activities of daily living, personal 34 activities of daily living, and personal support services. 35 -81- LSB 5118XC (40) 84 pf/jp 81/ 95
S.F. _____ 14. “Personal support services” means support services 1 provided to an individual as the individual performs personal 2 activities of daily living including but not limited to 3 coaching and prompting, and teaching skills and behaviors. 4 15. “Service plan” means a written, consumer-centered, 5 outcome-based plan of services. 6 16. “Specialty endorsement” means an advanced level of 7 certification based on requirements developed by experts in a 8 particular discipline or professional area and approved by the 9 board. 10 Sec. 80. NEW SECTION . 152F.2 Certification required —— 11 exceptions —— use of title. 12 1. Unless otherwise exempt under section 152F.4, beginning 13 January 1, 2014, an individual shall not provide direct care 14 services in this state without being certified as a direct care 15 associate. 16 2. An individual who is not certified pursuant to this 17 chapter shall not use words or titles which imply or represent 18 that the individual is certified as a direct care professional 19 under this chapter. 20 3. A direct care associate shall not act as or represent 21 that the individual is a direct care professional with advanced 22 training certification or a specialty endorsement, unless the 23 direct care associate is first certified at the appropriate 24 level of certification under this chapter. 25 4. Notwithstanding any provision to the contrary, an 26 individual who completes advanced training or meets the 27 requirements for a specialty endorsement is not required to 28 be certified at that level if the individual does not act as 29 or represent that the individual is certified at that level. 30 Section 147.83 does not apply to a direct care associate who 31 is not certified as a direct care professional with advanced 32 training certification or a specialty endorsement if the direct 33 care associate does not act as or represent that the individual 34 is certified at that level. 35 -82- LSB 5118XC (40) 84 pf/jp 82/ 95
S.F. _____ Sec. 81. NEW SECTION . 152F.3 Requirements to obtain 1 certification —— renewal —— continuing education —— reciprocity. 2 1. An applicant for certification as a direct care associate 3 shall present evidence satisfactory to the board that the 4 applicant meets all of the following requirements: 5 a. The applicant has successfully completed the required 6 education for the certification from a board-approved direct 7 care instructor or direct care trainer. 8 b. The applicant has paid all fees required by the board. 9 c. The applicant certifies that the applicant will conduct 10 all professional activities in accordance with standards for 11 professional conduct established by the board. 12 2. An applicant for certification as a direct care 13 professional with advanced training or a specialty endorsement 14 shall present evidence satisfactory to the board that the 15 applicant meets all of the following requirements: 16 a. The applicant has successfully completed the required 17 education for the certification from a board-approved direct 18 care instructor or direct care trainer. 19 b. The applicant has paid all fees required by the board. 20 c. The applicant has passed a state examination approved by 21 the board. 22 d. The applicant certifies that the applicant will conduct 23 all professional activities in accordance with standards for 24 professional conduct established by the board. 25 3. An individual shall renew the individual’s certification 26 biennially. Prior to such renewal, the individual shall 27 present evidence that the individual has satisfied continuing 28 education requirements and shall pay a renewal fee as 29 determined by the board. 30 4. The board shall issue the appropriate certification to an 31 applicant who demonstrates experience in direct care services 32 in another state and meets the requirements established by the 33 board for the specific certification. 34 Sec. 82. NEW SECTION . 152F.4 Scope of chapter. 35 -83- LSB 5118XC (40) 84 pf/jp 83/ 95
S.F. _____ 1. The provisions of this chapter do not apply to any of the 1 following: 2 a. An individual who is providing direct care services 3 and is governed by a collective bargaining agreement in place 4 before July 1, 2017, until the expiration of such agreement. 5 b. An individual providing direct care services to a family 6 member. 7 c. An individual otherwise licensed who is operating within 8 the scope of that license and who does not represent to the 9 public that the individual is a direct care professional. 10 2. This chapter shall not be interpreted to preclude 11 an individual who provides direct care services but is not 12 otherwise required to be certified under this chapter from 13 being certified under this chapter on a voluntary basis. 14 Sec. 83. NEW SECTION . 152F.5 Duties of the board. 15 The board shall do all of the following: 16 1. Adopt rules consistent with this chapter, chapter 147, 17 chapter 272, and the recommendations of the direct care worker 18 advisory council established pursuant to 2008 Iowa Acts, 19 chapter 69, which are necessary for the performance of its 20 duties. 21 2. Adopt rules to provide a transition process that allows 22 individuals providing direct care services on or before January 23 1, 2014, who are subject to the certification requirements 24 of this chapter, to continue providing direct care services 25 while completing certification under this chapter. The rules 26 shall provide that certification requirements for an individual 27 subject to the transition process are based on consideration 28 of previous training, employment history, and experience. An 29 individual subject to the transition process shall complete the 30 requirements for direct care associate certification within a 31 time frame determined by rule of the board. 32 3. Establish curriculum requirements for health support 33 professionals. The curriculum requirements established shall 34 not exceed the curriculum requirements specified for nurse 35 -84- LSB 5118XC (40) 84 pf/jp 84/ 95
S.F. _____ aides pursuant to 42 C.F.R. § 483.152, without prior approval 1 of sixty percent of the members of the board and prior approval 2 of the department of inspections and appeals. 3 4. Require an individual to undergo criminal history 4 and child and dependent adult abuse record checks prior 5 to certification, and establish record checks requirements 6 applicable to direct care professionals consistent with section 7 135C.33. 8 5. Establish dependent adult abuse reporting and training 9 requirements consistent with chapters 235B and 235E, as 10 applicable. 11 6. Establish standards and guidelines for certification 12 reciprocity. 13 7. Establish standards and guidelines for direct care 14 professionals, including minimum curriculum requirements. 15 8. Prepare and conduct, or prescribe, an examination for 16 applicants for certification. 17 9. Establish standards and guidelines for direct care 18 instructors and direct care trainers, including minimum 19 curriculum requirements and continuing education requirements. 20 Training and continuing education guidelines shall provide 21 diverse options for completion of the training and continuing 22 education, as appropriate, including but not limited to online, 23 employer-based, or educational institution-based opportunities. 24 10. Define educational activities which fulfill continuing 25 education requirements for renewal of certification. 26 11. Establish guidelines for inactive certification status 27 and inactive certification reentry. 28 Sec. 84. NEW SECTION . 152F.6 Certification suspension and 29 revocation. 30 A certification issued by the board under this chapter may be 31 suspended or revoked, or renewal of certification may be denied 32 by the board, for violation of any provision of this chapter, 33 section 147.55 or 272C.10, or rules adopted by the board. 34 Sec. 85. Section 10A.402, subsection 1, Code 2011, is 35 -85- LSB 5118XC (40) 84 pf/jp 85/ 95
S.F. _____ amended to read as follows: 1 1. Investigations relative to the practice of regulated 2 professions and occupations, except those within the 3 jurisdiction of the board of medicine, the board of pharmacy, 4 the dental board, and the board of nursing , and the board of 5 direct care professionals . 6 Sec. 86. Section 135.11A, Code 2011, is amended to read as 7 follows: 8 135.11A Professional licensure division —— other licensing 9 boards —— expenses —— fees. 10 1. There shall be a professional licensure division within 11 the department of public health. Each board under chapter 147 12 or under the administrative authority of the department, except 13 the board of nursing, board of medicine, dental board, and 14 board of pharmacy, and board of direct care professionals shall 15 receive administrative and clerical support from the division 16 and may not employ its own support staff for administrative and 17 clerical duties. 18 2. The professional licensure division and the licensing 19 boards may expend funds in addition to amounts budgeted, if 20 those additional expenditures are directly the result of actual 21 examination and exceed funds budgeted for examinations. Before 22 the division or a licensing board expends or encumbers an 23 amount in excess of the funds budgeted for examinations, the 24 director of the department of management shall approve the 25 expenditure or encumbrance. Before approval is given, the 26 department of management shall determine that the examination 27 expenses exceed the funds budgeted by the general assembly 28 to the division or board and the division or board does not 29 have other funds from which examination expenses can be paid. 30 Upon approval of the department of management, the division 31 or licensing board may expend and encumber funds for excess 32 examination expenses. The amounts necessary to fund the excess 33 examination expenses shall be collected as fees from additional 34 examination applicants and shall be treated as repayment 35 -86- LSB 5118XC (40) 84 pf/jp 86/ 95
S.F. _____ receipts as defined in section 8.2 . 1 Sec. 87. Section 135.31, Code 2011, is amended to read as 2 follows: 3 135.31 Location of boards —— rulemaking. 4 The offices for the board of medicine, the board of pharmacy, 5 the board of nursing, and the dental board , and the board 6 of direct care professionals shall be located within the 7 department of public health. The individual boards shall have 8 policymaking and rulemaking authority. 9 Sec. 88. Section 147.1, subsections 3 and 6, Code 2011, are 10 amended to read as follows: 11 3. “Licensed” or “certified” , when applied to a physician 12 and surgeon, podiatric physician, osteopathic physician and 13 surgeon, physician assistant, psychologist, chiropractor, 14 nurse, dentist, dental hygienist, dental assistant, 15 optometrist, speech pathologist, audiologist, pharmacist, 16 physical therapist, physical therapist assistant, occupational 17 therapist, occupational therapy assistant, respiratory care 18 practitioner, practitioner of cosmetology arts and sciences, 19 practitioner of barbering, funeral director, dietitian, marital 20 and family therapist, mental health counselor, social worker, 21 massage therapist, athletic trainer, acupuncturist, nursing 22 home administrator, hearing aid dispenser, or sign language 23 interpreter or transliterator , or direct care professional 24 means a person licensed under this subtitle. 25 6. “Profession” means medicine and surgery, podiatry, 26 osteopathic medicine and surgery, practice as a physician 27 assistant, psychology, chiropractic, nursing, dentistry, 28 dental hygiene, dental assisting, optometry, speech pathology, 29 audiology, pharmacy, physical therapy, physical therapist 30 assisting, occupational therapy, occupational therapy 31 assisting, respiratory care, cosmetology arts and sciences, 32 barbering, mortuary science, marital and family therapy, mental 33 health counseling, social work, dietetics, massage therapy, 34 athletic training, acupuncture, nursing home administration, 35 -87- LSB 5118XC (40) 84 pf/jp 87/ 95
S.F. _____ hearing aid dispensing, or sign language interpreting or 1 transliterating , or practice as a direct care professional . 2 Sec. 89. Section 147.2, subsection 1, Code 2011, is amended 3 to read as follows: 4 1. A person shall not engage in the practice of medicine 5 and surgery, podiatry, osteopathic medicine and surgery, 6 psychology, chiropractic, physical therapy, physical therapist 7 assisting, nursing, dentistry, dental hygiene, dental 8 assisting, optometry, speech pathology, audiology, occupational 9 therapy, occupational therapy assisting, respiratory care, 10 pharmacy, cosmetology arts and sciences, barbering, social 11 work, dietetics, marital and family therapy or mental health 12 counseling, massage therapy, mortuary science, athletic 13 training, acupuncture, nursing home administration, hearing aid 14 dispensing, or sign language interpreting or transliterating, 15 or shall not practice as a physician assistant or as a direct 16 care professional , unless the person has obtained a license for 17 that purpose from the board for the profession. 18 Sec. 90. Section 147.13, Code 2011, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 24. For direct care professionals, the 21 board of direct care professionals. 22 Sec. 91. Section 147.14, subsection 1, Code 2011, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . x. For the board of direct care 25 professionals, a total of eleven members, six of whom are 26 direct care professionals who represent diverse settings and 27 populations served, two members of the public, one registered 28 nurse who serves as a direct care instructor, one human 29 services professional who serves as a direct care instructor, 30 and one licensed nursing home administrator. 31 Sec. 92. Section 147.74, Code 2011, is amended by adding the 32 following new subsection: 33 NEW SUBSECTION . 24. A direct care professional certified 34 under chapter 152F and this chapter may use the following: 35 -88- LSB 5118XC (40) 84 pf/jp 88/ 95
S.F. _____ a. A direct care professional certified as a direct care 1 associate may use the title “direct care associate” or the 2 letters “D.C.A.” after the person’s name. 3 b. A direct care professional certified as a community 4 living professional may use the title “community living 5 professional” or the letters “C.L.P.” after the person’s name. 6 c. A direct care professional certified as a personal 7 support professional may use the title “personal support 8 professional” or the letters “P.S.P.” after the person’s name. 9 d. A direct care professional certified as a health support 10 professional may use the title “health support professional” or 11 the letters “H.S.P.” after the person’s name. 12 e. A direct care professional certified with a specialty 13 endorsement may use the title or letters determined by the 14 specialty endorsement entity and approved by the board of 15 direct care professionals. 16 f. A direct care professional who complies with federal 17 nurse aide requirements pursuant to 42 C.F.R. § 483.152 may use 18 the title “certified nursing assistant” or the letters “C.N.A.” 19 after the person’s name. 20 Sec. 93. Section 147.80, subsection 3, Code 2011, is amended 21 to read as follows: 22 3. The board of medicine, the board of pharmacy, the dental 23 board, and the board of nursing , and the board of direct care 24 professionals shall retain individual executive officers, but 25 shall make every effort to share administrative, clerical, and 26 investigative staff to the greatest extent possible. 27 Sec. 94. Section 147.88, Code 2011, is amended to read as 28 follows: 29 147.88 Inspections and investigations. 30 The department of inspections and appeals may perform 31 inspections and investigations as required by this subtitle, 32 except inspections and investigations for the board of 33 medicine, board of pharmacy, board of nursing, and the dental 34 board , and the board of direct care professionals . The 35 -89- LSB 5118XC (40) 84 pf/jp 89/ 95
S.F. _____ department of inspections and appeals shall employ personnel 1 related to the inspection and investigative functions. 2 Sec. 95. Section 272C.1, subsection 6, Code 2011, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . ag. The board of direct care professionals, 5 created pursuant to chapter 147. 6 Sec. 96. TRANSITION PROVISIONS. 7 1. An individual providing direct care services on or 8 before January 1, 2014, who is subject to the certification 9 requirements of this division of this Act, may continue 10 providing direct care services while completing certification 11 as required under this division of this Act. The board of 12 direct care professionals shall adopt rules to provide that 13 certification requirements for an individual subject to the 14 transition process are based on consideration of previous 15 training, employment history, and experience, and require 16 such individuals to complete the requirements for direct care 17 associate certification within the time frame determined by 18 rule of the board. 19 2. An individual who is registered on or before January 20 1, 2014, on the Iowa direct care worker registry established 21 by the department of inspections and appeals, is deemed to 22 meet the certification requirements for a health support 23 professional under this division of this Act. 24 3. Notwithstanding sections 147.14 and 147.16, for the 25 initial board of direct care professionals, the governor may 26 appoint, subject to confirmation by the senate, in lieu of the 27 six members required to be direct care professionals and the 28 two members required to be direct care instructors, members 29 with experience and expertise that is substantially equivalent 30 to the professional requirements for a direct care professional 31 or direct care instructor, as applicable. 32 Sec. 97. IMPLEMENTATION. The provisions of this division of 33 this Act shall be implemented as follows: 34 1. The sections of this division of this Act relating to 35 -90- LSB 5118XC (40) 84 pf/jp 90/ 95
S.F. _____ the board of direct care professionals including sections 1 152F.1 and 152F.5, as enacted in this division of this Act; 2 sections 10A.402, 135.11A, 135.31, 147.13, 147.14, 147.80, 3 147.88, and 272C.1, as amended in this division of this Act, 4 and as specified in the transition provisions; and the section 5 of this division of this Act providing transition provisions 6 relating to the board shall be implemented so that a board of 7 direct care professionals is appointed no later than December 8 15, 2012. 9 2. The sections of this division of this Act relating to 10 requirements for certification of direct care professionals 11 including sections 152F.2, 152F.3, 152F.4, and 152F.6, as 12 enacted in this division of this Act; and sections 147.1, 13 147.2, and 147.74, as amended in this division of this Act, 14 shall be implemented so that the requirements are applicable 15 beginning no later than January 1, 2014. 16 Sec. 98. FUNDING PROVISIONS. 17 1. The department of public health shall limit the indirect 18 service charge for the board of direct care professionals to 19 not more than fifteen percent. 20 2. It is the intent of the general assembly that the board 21 of direct care professionals be self-sustaining by January 1, 22 2017. 23 Sec. 99. EFFECTIVE UPON ENACTMENT. This division of this 24 Act, being deemed of immediate importance, takes effect upon 25 enactment. 26 EXPLANATION 27 This bill relates to appropriations for health and human 28 services for fiscal year 2012-2013 to the department of 29 veterans affairs, the Iowa veterans home, the department on 30 aging, the department of public health, Iowa finance authority, 31 state board of regents, department of inspections and appeals, 32 and the department of human services. The appropriations were 33 previously enacted in 2011 Iowa Acts, chapter 129 (H.F. 649). 34 The bill is organized into divisions. 35 -91- LSB 5118XC (40) 84 pf/jp 91/ 95
S.F. _____ DEPARTMENT ON AGING. This division amends appropriations 1 made from the general fund of the state for the department on 2 aging. 3 DEPARTMENT OF PUBLIC HEALTH. This division amends 4 appropriations made from the general fund of the state for the 5 department of public health. 6 DEPARTMENT OF VETERANS AFFAIRS. This division amends 7 appropriations made from the general fund of the state for the 8 department of veterans affairs. 9 DEPARTMENT OF HUMAN SERVICES. This division amends 10 appropriations made from the general fund of the state and the 11 federal temporary assistance for needy families block grant to 12 the department of human services (DHS). The allocation for the 13 family development and self-sufficiency grant program is made 14 directly to the department of human rights. 15 Appropriations are made from the health care trust fund for 16 the medical assistance (Medicaid) program in addition to the 17 general fund appropriations made for this purpose. 18 The reimbursement section addresses reimbursement for 19 providers reimbursed by the department of human services. 20 HEALTH CARE ACCOUNTS AND FUNDS. This division amends 21 appropriations made for fiscal year 2012-2013. 22 The appropriation from the pharmaceutical settlement account 23 to the department of human services supplements the Medicaid 24 program medical contracts appropriation. 25 The appropriations from the IowaCare account are made to 26 the state board of regents for distribution to the university 27 of Iowa hospitals and clinics and to the department of human 28 services for distribution to a publicly owned acute care 29 teaching hospital in a county with a population over 350,000 30 related to the IowaCare program and indigent care. 31 The appropriation from the nonparticipating provider 32 reimbursement fund is made to the department of human services 33 to reimburse nonparticipating providers under the IowaCare 34 program. 35 -92- LSB 5118XC (40) 84 pf/jp 92/ 95
S.F. _____ The appropriations to the department of human services from 1 the account for health care transformation are directed to 2 various health care reform initiatives. 3 The appropriation from the Medicaid fraud fund is made to 4 the department of inspections and appeals for costs relating to 5 assisted living programs and adult day care services. 6 The appropriations made to supplement the Medicaid program 7 are from the following funds and account: quality assurance 8 trust fund, hospital health care access trust fund, and 9 Medicaid fraud fund. 10 The division provides that if the total amounts appropriated 11 from all sources for the medical assistance program for fiscal 12 year 2012-2013 exceed the amount needed, the excess remains 13 available to be used for the program in the succeeding fiscal 14 year. 15 MENTAL HEALTH AND DISABILITY SERVICES REDESIGN. This 16 division addresses appropriations associated with redesign of 17 mental health and disability services redesign. 18 PRIOR APPROPRIATIONS AND RELATED CHANGES. This division 19 revises appropriations and related provisions involving 20 previous fiscal years. The division takes effect upon 21 enactment. 22 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 23 CONTINGENCY FUND. This division makes appropriations provided 24 through the federal child enrollment contingency fund to the 25 department of human services for fiscal years 2011-2012 and 26 2012-2013. The section making appropriations for fiscal year 27 2011-2012 takes effect upon enactment and is retroactively 28 applicable to July 1, 2011. 29 MISCELLANEOUS. This division provides miscellaneous 30 statutory amendments. 31 New Code section 16.185A creates a competitive grant program 32 and fund to further the availability of residential services 33 for individuals who meet the psychiatric medical institution 34 for children level of care. 35 -93- LSB 5118XC (40) 84 pf/jp 93/ 95
S.F. _____ Code section 97B.39, relating to Iowa public employees’ 1 retirement system (IPERS) payments, is amended to include 2 recovery of Medicaid program payments related to estate 3 recovery in the list of exceptions that allow IPERS payments 4 to be subject to execution, levy, attachment, garnishment, 5 or other legal process, or to the operation of bankruptcy or 6 insolvency law. 7 Code section 135.11, relating to the duties of the director 8 of public health, is amended to add new subsection 31, 9 requiring the director to administer a public awareness program 10 for human papillomavirus infection vaccination. 11 Code section 135H.10, relating to administrative rules 12 addressing psychiatric medical institutions for children 13 (PMICs) is amended to strike a prohibition against the 14 department of human services including services provided by 15 PMICs in any managed care contract. 16 Code section 144D.4, as enacted by 2012 Iowa Acts, House File 17 2165, section 5, is amended to allow physician orders for scope 18 of treatment executed under a pilot project to remain effective 19 until revoked or until a new form is executed. 20 Code section 225B.8, relating to the prevention of 21 disabilities council, is amended to extend the repeal of the 22 council from July 1, 2012, until July 1, 2017. 23 Code section 231.45 is enacted to direct the department 24 on aging to establish a certified volunteer long-term care 25 resident’s advocate program. 26 Code sections 453A.35 and 453A.35A are amended to provide 27 that all of the proceeds derived from the sale of stamps and 28 the payment of taxes, fees, and penalties under Code chapter 29 453A (cigarette and tobacco taxes) and from permits issued by 30 the department of revenue are to be credited to the health care 31 trust fund rather than the general fund of the state. 32 DIRECT CARE PROFESSIONALS. This division establishes a 33 board of direct care professionals within the department of 34 public health and provides for certification of direct care 35 -94- LSB 5118XC (40) 84 pf/jp 94/ 95
S.F. _____ professionals in the state. 1 -95- LSB 5118XC (40) 84 pf/jp 95/ 95