Senate Study Bill 1251 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY SENATE APPROPRIATIONS SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES) (SUCCESSOR TO LSB 1004SA) A BILL FOR An Act relating to appropriations for health and human services 1 and including other related provisions and appropriations, 2 providing penalties, and including effective, retroactive, 3 and applicability date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1004SB (1) 85 pf/jp
S.F. _____ DIVISION I 1 DEPARTMENT ON AGING —— FY 2013-2014 2 Section 1. DEPARTMENT ON AGING. There is appropriated from 3 the general fund of the state to the department on aging for 4 the fiscal year beginning July 1, 2013, and ending June 30, 5 2014, the following amount, or so much thereof as is necessary, 6 to be used for the purposes designated: 7 For aging programs for the department on aging and area 8 agencies on aging to provide citizens of Iowa who are 60 years 9 of age and older with case management for frail elders, Iowa’s 10 aging and disabilities resource center, and other services 11 which may include but are not limited to adult day services, 12 respite care, chore services, information and assistance, 13 and material aid, for information and options counseling for 14 persons with disabilities who are 18 years of age or older, 15 and for salaries, support, administration, maintenance, and 16 miscellaneous purposes, and for not more than the following 17 full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,831,025 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 20 1. Funds appropriated in this section may be used to 21 supplement federal funds under federal regulations. To 22 receive funds appropriated in this section, a local area 23 agency on aging shall match the funds with moneys from other 24 sources according to rules adopted by the department. Funds 25 appropriated in this section may be used for elderly services 26 not specifically enumerated in this section only if approved 27 by an area agency on aging for provision of the service within 28 the area. 29 2. Of the funds appropriated in this section, $279,946 30 shall be transferred to the economic development authority for 31 the Iowa commission on volunteer services to be used for the 32 retired and senior volunteer program. 33 3. a. The department on aging shall establish and enforce 34 procedures relating to expenditure of state and federal funds 35 -1- LSB 1004SB (1) 85 pf/jp 1/ 120
S.F. _____ by area agencies on aging that require compliance with both 1 state and federal laws, rules, and regulations, including but 2 not limited to all of the following: 3 (1) Requiring that expenditures are incurred only for goods 4 or services received or performed prior to the end of the 5 fiscal period designated for use of the funds. 6 (2) Prohibiting prepayment for goods or services not 7 received or performed prior to the end of the fiscal period 8 designated for use of the funds. 9 (3) Prohibiting the prepayment for goods or services 10 not defined specifically by good or service, time period, or 11 recipient. 12 (4) Prohibiting the establishment of accounts from which 13 future goods or services which are not defined specifically by 14 good or service, time period, or recipient, may be purchased. 15 b. The procedures shall provide that if any funds are 16 expended in a manner that is not in compliance with the 17 procedures and applicable federal and state laws, rules, and 18 regulations, and are subsequently subject to repayment, the 19 area agency on aging expending such funds in contravention of 20 such procedures, laws, rules and regulations, not the state, 21 shall be liable for such repayment. 22 4. Of the funds appropriated in this section, $250,000 23 shall be used to fund services to meet the unmet needs of older 24 individuals as identified in the annual compilation of unmet 25 service units by the area agencies on aging. 26 5. Of the funds appropriated in this section, $600,000 27 shall be used to fund home and community-based services through 28 the area agencies on aging that enable older individuals to 29 avoid more costly utilization of residential or institutional 30 services and remain in their own homes. 31 6. Of the funds appropriated in this section, $2,210,646 32 shall be used to administer the office of substitute decision 33 maker established pursuant to chapter 231E, on a statewide 34 basis. 35 -2- LSB 1004SB (1) 85 pf/jp 2/ 120
S.F. _____ 7. Of the funds appropriated in this subsection, $40,000 1 shall be used for implementation of a guardianship and 2 conservatorship monitoring and assistance pilot project as 3 specified in this Act. 4 DIVISION II 5 OFFICE OF LONG-TERM CARE RESIDENT’S ADVOCATE —— FY 2013-2014 6 Sec. 2. OFFICE OF LONG-TERM CARE RESIDENT’S ADVOCATE. There 7 is appropriated from the general fund of the state to the 8 office of long-term care resident’s advocate for the fiscal 9 year beginning July 1, 2013, and ending June 30, 2014, the 10 following amount, or so much thereof as is necessary, to be 11 used for the purposes designated: 12 For salaries, support, administration, maintenance, and 13 miscellaneous purposes, and for not more than the following 14 full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,321,707 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 17 1. Of the funds appropriated in this section, $500,000 18 shall be used to provide five additional local long-term care 19 resident’s advocates to continue moving toward the national 20 recommendation of one full-time equivalent paid staff ombudsman 21 per 2,000 long-term care beds in the state. 22 2. Of the funds appropriated in this section, $210,000 23 shall be used to provide two local long-term care resident’s 24 advocates to administer the certified volunteer long-term 25 care resident’s advocate program pursuant to section 231.45, 26 including operational certification and training costs. 27 DIVISION III 28 DEPARTMENT OF PUBLIC HEALTH —— FY 2013-2014 29 Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 30 from the general fund of the state to the department of public 31 health for the fiscal year beginning July 1, 2013, and ending 32 June 30, 2014, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. ADDICTIVE DISORDERS 35 -3- LSB 1004SB (1) 85 pf/jp 3/ 120
S.F. _____ For reducing the prevalence of use of tobacco, alcohol, and 1 other drugs, and treating individuals affected by addictive 2 behaviors, including gambling, and for not more than the 3 following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,763,690 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 6 a. (1) Of the funds appropriated in this subsection, 7 $7,753,830 shall be used for the tobacco use prevention 8 and control initiative, including efforts at the state and 9 local levels, as provided in chapter 142A . The commission 10 on tobacco use prevention and control established pursuant 11 to section 142A.3 shall advise the director of public health 12 in prioritizing funding needs and the allocation of moneys 13 appropriated for the programs and activities of the initiative 14 under this subparagraph (1) and shall make recommendations to 15 the director in the development of budget requests relating to 16 the initiative. 17 (2) Of the funds allocated in this paragraph “a”, $50,000 18 shall be used for a social media campaign to address tobacco 19 use reduction. 20 (3) (a) Of the funds allocated in this paragraph “a”, 21 $453,830 shall be transferred to the alcoholic beverages 22 division of the department of commerce for enforcement of 23 tobacco laws, regulations, and ordinances and to engage in 24 tobacco control activities approved by the division of tobacco 25 use prevention and control as specified in the memorandum of 26 understanding entered into between the divisions. 27 (b) For the fiscal year beginning July 1, 2013, and ending 28 June 30, 2014, the terms of the memorandum of understanding, 29 entered into between the division of tobacco use prevention 30 and control of the department of public health and the 31 alcoholic beverages division of the department of commerce, 32 governing compliance checks conducted to ensure licensed retail 33 tobacco outlet conformity with tobacco laws, regulations, and 34 ordinances relating to persons under eighteen years of age, 35 -4- LSB 1004SB (1) 85 pf/jp 4/ 120
S.F. _____ shall restrict the number of such checks to one check per 1 retail outlet, and one additional check for any retail outlet 2 found to be in violation during the first check. 3 b. Of the funds appropriated in this subsection, 4 $22,049,360 shall be used for problem gambling and 5 substance-related disorder prevention, treatment, and recovery 6 services, including a 24-hour helpline, public information 7 resources, professional training, and program evaluation. 8 (1) Of the funds allocated in this paragraph “b”, 9 $18,932,508 shall be used for substance-related disorder 10 prevention and treatment. 11 (a) Of the funds allocated in this subparagraph (1), 12 $899,300 shall be used for the public purpose of a grant 13 program to provide substance-related disorder prevention 14 programming for children. 15 (i) Of the funds allocated in this subparagraph division 16 (a), $427,539 shall be used for grant funding for organizations 17 that provide programming for children by utilizing mentors. 18 Programs approved for such grants shall be certified or will 19 be certified within six months of receiving the grant award 20 by the Iowa commission on volunteer services as utilizing the 21 standards for effective practice for mentoring programs. 22 (ii) Of the funds allocated in this subparagraph division 23 (a), $426,839 shall be used for grant funding for organizations 24 that provide programming that includes youth development and 25 leadership. The programs shall also be recognized as being 26 programs that are scientifically based with evidence of their 27 effectiveness in reducing substance-related disorders in 28 children. 29 (iii) The department of public health shall utilize a 30 request for proposals process to implement the grant program. 31 (iv) All grant recipients shall participate in a program 32 evaluation as a requirement for receiving grant funds. 33 (v) Of the funds allocated in this subparagraph division 34 (a), up to $44,922 may be used to administer substance-related 35 -5- LSB 1004SB (1) 85 pf/jp 5/ 120
S.F. _____ disorder prevention grants and for program evaluations. 1 (b) Of the funds allocated in this subparagraph 2 (1), $273,062 shall be used for culturally competent 3 substance-related disorder treatment pilot projects. 4 (i) The department shall utilize the amount allocated 5 in this subparagraph division (b) for at least three pilot 6 projects to provide culturally competent substance-related 7 disorder treatment in various areas of the state. Each pilot 8 project shall target a particular ethnic minority population. 9 The populations targeted shall include but are not limited to 10 African American, Asian, and Latino. 11 (ii) The pilot project requirements shall provide for 12 documentation or other means to ensure access to the cultural 13 competence approach used by a pilot project so that such 14 approach can be replicated and improved upon in successor 15 programs. 16 (2) Of the funds allocated in this paragraph “b”, up 17 to $3,116,852 may be used for problem gambling prevention, 18 treatment, and recovery services. 19 (a) Of the funds allocated in this subparagraph (2), 20 $2,579,000 shall be used for problem gambling prevention and 21 treatment. 22 (b) Of the funds allocated in this subparagraph (2), up to 23 $437,852 may be used for a 24-hour helpline, public information 24 resources, professional training, and program evaluation. 25 (c) Of the funds allocated in this subparagraph (2), up 26 to $100,000 may be used for the licensing of problem gambling 27 treatment programs. 28 (3) It is the intent of the general assembly that from the 29 moneys allocated in this paragraph “b”, persons with a dual 30 diagnosis of substance-related disorder and gambling addiction 31 shall be given priority in treatment services. 32 c. Notwithstanding any provision of law to the contrary, 33 to standardize the availability, delivery, cost of delivery, 34 and accountability of problem gambling and substance-related 35 -6- LSB 1004SB (1) 85 pf/jp 6/ 120
S.F. _____ disorder treatment services statewide, the department shall 1 continue implementation of a process to create a system 2 for delivery of treatment services in accordance with the 3 requirements specified in 2008 Iowa Acts, chapter 1187, section 4 3, subsection 4. To ensure the system provides a continuum 5 of treatment services that best meets the needs of Iowans, 6 the problem gambling and substance-related disorder treatment 7 services in any area may be provided either by a single agency 8 or by separate agencies submitting a joint proposal. 9 (1) The system for delivery of substance-related disorder 10 and problem gambling treatment shall include problem gambling 11 prevention. 12 (2) The system for delivery of substance-related disorder 13 and problem gambling treatment shall include substance-related 14 disorder prevention by July 1, 2014. 15 (3) Of the funds allocated in paragraph “b”, the department 16 may use up to $100,000 for administrative costs to continue 17 developing and implementing the process in accordance with this 18 paragraph “c”. 19 d. The requirement of section 123.53, subsection 5 , is met 20 by the appropriations and allocations made in this Act for 21 purposes of substance-related disorder treatment and addictive 22 disorders for the fiscal year beginning July 1, 2013. 23 e. The department of public health shall work with all 24 other departments that fund substance-related disorder 25 prevention and treatment services and all such departments 26 shall, to the extent necessary, collectively meet the state 27 maintenance of effort requirements for expenditures for 28 substance-related disorder services as required under the 29 federal substance-related disorder prevention and treatment 30 block grant. 31 2. HEALTHY CHILDREN AND FAMILIES 32 For promoting the optimum health status for children, 33 adolescents from birth through 21 years of age, and families, 34 and for not more than the following full-time equivalent 35 -7- LSB 1004SB (1) 85 pf/jp 7/ 120
S.F. _____ positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,996,099 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 3 a. Of the funds appropriated in this subsection, not more 4 than $739,318 shall be used for the healthy opportunities to 5 experience success (HOPES)-healthy families Iowa (HFI) program 6 established pursuant to section 135.106 . The funding shall 7 be distributed to renew the grants that were provided to the 8 grantees that operated the program during the fiscal year 9 ending June 30, 2013. 10 b. In order to implement the legislative intent stated in 11 sections 135.106 and 256I.9, that priority for home visitation 12 program funding be given to programs using evidence-based or 13 promising models for home visitation, it is the intent of the 14 general assembly to phase-in the funding priority in accordance 15 with 2012 Iowa Acts, chapter 1133, section 2, subsection 2, 16 paragraph 0b. 17 c. Of the funds appropriated in this subsection, $2,672,425 18 shall be used to expand the department’s initiative to 19 provide for adequate developmental surveillance and screening 20 during a child’s first five years statewide. The expansion 21 shall include enhancing the scope of the program through 22 collaboration with the child health specialty clinics to 23 promote healthy child development through early identification 24 and response to both biomedical and social determinants 25 of healthy development; by developing child health metrics 26 to inform practice, document long-term health impacts and 27 savings, and provide for continuous improvement through 28 training, education, and evaluation; and by providing for 29 practitioner consultation particularly for children with 30 behavioral conditions and needs. The department of public 31 health shall also collaborate with the Iowa Medicaid enterprise 32 and the child health specialty clinics to integrate the 33 activities of the first five initiative into the establishment 34 of patient-centered medical homes, community utilities, 35 -8- LSB 1004SB (1) 85 pf/jp 8/ 120
S.F. _____ accountable care organizations, and other integrated care 1 models developed to improve health quality and population 2 health while reducing health care costs. To the maximum extent 3 possible, funding allocated in this paragraph shall be utilized 4 as matching funds for medical assistance program reimbursement. 5 d. Of the funds appropriated in this subsection, $31,597 6 shall be distributed to a statewide dental carrier to provide 7 funds to continue the donated dental services program patterned 8 after the projects developed by the lifeline network to provide 9 dental services to indigent elderly and disabled individuals. 10 e. Of the funds appropriated in this subsection, $112,677 11 shall be used for childhood obesity prevention. 12 f. Of the funds appropriated in this subsection, $163,760 13 shall be used to provide audiological services and hearing 14 aids for children. The department may enter into a contract 15 to administer this paragraph. 16 g. Of the funds appropriated in this subsection, $25,000 17 shall be transferred to the university of Iowa college of 18 dentistry for provision of primary dental services to children. 19 State funds shall be matched on a dollar-for-dollar basis. 20 The university of Iowa college of dentistry shall coordinate 21 efforts with the department of public health, bureau of 22 oral and health delivery systems, to provide dental care to 23 underserved populations throughout the state. 24 h. Of the funds appropriated in this subsection, $50,000 25 shall be used to address youth suicide prevention. 26 i. Of the funds appropriated in this subsection, $2,000,000 27 shall be used to expand the I-smile oral health program to 28 at-risk adults with a priority to serve individuals 60 years 29 of age or older to improve systemic health and quality of 30 life, including to individuals with disabilities and older 31 individuals with physical, cognitive, or behavioral limitations 32 or chronic or complex conditions that adversely affect oral 33 self-care, result in greater susceptibility to oral disease, or 34 limit accessibility to professional oral care. 35 -9- LSB 1004SB (1) 85 pf/jp 9/ 120
S.F. _____ 3. CHRONIC CONDITIONS 1 For serving individuals identified as having chronic 2 conditions or special health care needs, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,220,411 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 6 a. Of the funds appropriated in this subsection, $160,582 7 shall be used for grants to individual patients who have 8 phenylketonuria (PKU) to assist with the costs of necessary 9 special foods. 10 b. Of the funds appropriated in this subsection, $893,600 11 shall be used for the brain injury services program pursuant to 12 section 135.22B, including for continuation of the contracts 13 for resource facilitator services in accordance with section 14 135.22B, subsection 9, and to enhance brain injury training and 15 recruitment of service providers on a statewide basis. Of the 16 amount allocated in this paragraph, $95,000 shall be used to 17 fund one full-time equivalent position to serve as the state 18 brain injury service program manager. 19 c. Of the funds appropriated in this subsection, $550,000 20 shall be used as additional funding to leverage federal funding 21 through the federal Ryan White Care Act, Tit. II, AIDS drug 22 assistance program supplemental drug treatment grants. 23 d. Of the funds appropriated in this subsection, $100,000 24 shall be used for the public purpose of continuing a grant 25 with an existing national-affiliated organization to provide 26 education, client-centered programs, and client and family 27 support for people living with epilepsy and their families. 28 e. Of the funds appropriated in this subsection, $788,303 29 shall be used for child health specialty clinics. 30 f. Of the funds appropriated in this subsection, $400,000 31 shall be used by the regional autism assistance program 32 established pursuant to section 256.35, and administered by 33 the child health specialty clinic located at the university of 34 Iowa hospitals and clinics. The funds shall be used to enhance 35 -10- LSB 1004SB (1) 85 pf/jp 10/ 120
S.F. _____ interagency collaboration and coordination of educational, 1 medical, and other human services for persons with autism, 2 their families, and providers of services, including delivering 3 regionalized services of care coordination, family navigation, 4 and integration of services through the statewide system of 5 regional child health speciality clinics and fulfilling other 6 requirements as specified in chapter 225D, creating the autism 7 support program, as enacted in this Act. The university of 8 Iowa shall not receive funds allocated under this paragraph for 9 indirect costs associated with the regional autism assistance 10 program. 11 g. Of the funds appropriated in this subsection, $597,065 12 shall be used for the comprehensive cancer control program to 13 reduce the burden of cancer in Iowa through prevention, early 14 detection, effective treatment, and ensuring quality of life. 15 Of the funds allocated in this lettered paragraph, $150,000 16 shall be used to support a melanoma research symposium, a 17 melanoma biorepository and registry, basic and translational 18 melanoma research, and clinical trials. 19 h. Of the funds appropriated in this subsection, $126,450 20 shall be used for colon cancer screening, and $500,000 shall 21 be used to enhance the capacity of the breast and cervical 22 cancer screening program to include provision of recommended 23 prevention and early detection measures to a broader range of 24 low-income women. 25 i. Of the funds appropriated in this subsection, $528,834 26 shall be used for the center for congenital and inherited 27 disorders. 28 j. Of the funds appropriated in this subsection, $129,937 29 shall be used for the prescription drug donation repository 30 program created in chapter 135M . 31 k. Of the funds appropriated in this subsection, $215,263 32 shall be used for the costs of the medical home system advisory 33 council established pursuant to section 135.159 including 34 incorporation of the development and implementation of the 35 -11- LSB 1004SB (1) 85 pf/jp 11/ 120
S.F. _____ prevention and chronic care management state initiative. 1 l. Of the funds appropriated in this subsection, $139,719 2 shall be used to fund the state comprehensive Alzheimer’s 3 disease response strategy as enacted in this Act. 4 4. COMMUNITY CAPACITY 5 For strengthening the health care delivery system at the 6 local level, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,514,110 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 10 a. Of the funds appropriated in this subsection, $100,000 11 is allocated for continuation of the child vision screening 12 program implemented through the university of Iowa hospitals 13 and clinics in collaboration with early childhood Iowa areas. 14 The program shall submit a report to the individuals identified 15 in this Act for submission of reports regarding the use of 16 funds allocated under this paragraph “a”. The report shall 17 include the objectives and results for the program year 18 including the target population and how the funds allocated 19 assisted the program in meeting the objectives; the number, 20 age, and location within the state of individuals served; 21 the type of services provided to the individuals served; the 22 distribution of funds based on service provided; and the 23 continuing needs of the program. 24 b. Of the funds appropriated in this subsection, $111,308 is 25 allocated for continuation of an initiative implemented at the 26 university of Iowa and $100,493 is allocated for continuation 27 of an initiative at the state mental health institute at 28 Cherokee to expand and improve the workforce engaged in mental 29 health treatment and services. The initiatives shall receive 30 input from the university of Iowa, the department of human 31 services, the department of public health, and the mental 32 health and disability services commission to address the focus 33 of the initiatives. 34 c. Of the funds appropriated in this subsection, $1,171,491 35 -12- LSB 1004SB (1) 85 pf/jp 12/ 120
S.F. _____ shall be used for essential public health services that promote 1 healthy aging throughout the lifespan, contracted through a 2 formula for local boards of health, to enhance health promotion 3 and disease prevention services. 4 d. Of the funds appropriated in this section, $100,000 shall 5 be deposited in the governmental public health system fund 6 created in section 135A.8 to be used for the purposes of the 7 fund. 8 e. Of the funds appropriated in this subsection, $144,542 9 shall be used for the mental health professional shortage area 10 program implemented pursuant to section 135.180 . 11 f. Of the funds appropriated in this subsection, 12 $38,263 shall be used for a grant to a statewide association 13 of psychologists that is affiliated with the American 14 psychological association to be used for continuation of a 15 program to rotate intern psychologists in placements in urban 16 and rural mental health professional shortage areas, as defined 17 in section 135.180 . 18 g. Of the funds appropriated in this subsection, the 19 following amounts shall be allocated to the Iowa collaborative 20 safety net provider network established pursuant to section 21 135.153 to be used for the purposes designated. The following 22 amounts allocated under this lettered paragraph shall be 23 distributed to the specified provider and shall not be reduced 24 for administrative or other costs prior to distribution: 25 (1) For distribution to the Iowa primary care association 26 for statewide coordination of the Iowa collaborative safety net 27 provider network: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 146,563 29 (2) For distribution to the Iowa primary care association 30 to be used to continue a training program for sexual assault 31 response team (SART) members, including representatives of 32 law enforcement, victim advocates, prosecutors, and certified 33 medical personnel: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 35 -13- LSB 1004SB (1) 85 pf/jp 13/ 120
S.F. _____ (3) For distribution to federally qualified health centers 1 for necessary infrastructure, statewide coordination, provider 2 recruitment, service delivery, and provision of assistance to 3 patients in determining an appropriate medical home: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 5 (4) For distribution to the local boards of health that 6 provide direct services for pilot programs in three counties to 7 assist patients in securing a medical home inclusive of dental 8 care: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,609 10 (5) For distribution to maternal and child health centers 11 for pilot programs in three service areas to assist patients in 12 securing a medical home inclusive of dental care: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95,582 14 (6) For distribution to free clinics for necessary 15 infrastructure, statewide coordination, provider recruitment, 16 service delivery, and provision of assistance to patients in 17 securing a medical home inclusive of dental care: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 19 (7) For distribution to rural health clinics for necessary 20 infrastructure, statewide coordination, provider recruitment, 21 service delivery, and provision of assistance to patients in 22 determining an appropriate medical home: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 142,192 24 (8) For continuation of the safety net provider patient 25 access to a specialty health care initiative as described in 26 2007 Iowa Acts, chapter 218, section 109: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450,000 28 (9) For continuation of the pharmaceutical infrastructure 29 for safety net providers as described in 2007 Iowa Acts, 30 chapter 218, section 108: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 415,000 32 (10) For distribution to the Iowa family planning network 33 agencies for necessary infrastructure, statewide coordination, 34 provider recruitment, service delivery, and provision of 35 -14- LSB 1004SB (1) 85 pf/jp 14/ 120
S.F. _____ assistance to patients in determining an appropriate medical 1 home: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 3 The Iowa collaborative safety net provider network may 4 continue to distribute funds allocated pursuant to this 5 lettered paragraph through existing contracts or renewal of 6 existing contracts. 7 h. (1) Of the funds appropriated in this subsection, 8 $206,750 shall be used for continuation of the work of the 9 direct care worker advisory council established pursuant to 10 2008 Iowa Acts, chapter 1188, section 69, in implementing the 11 recommendations in the final report submitted by the advisory 12 council to the governor and the general assembly in March 2012. 13 (2) The advisory council, in collaboration with the board 14 of direct care professionals created in chapter 152F, if 15 enacted in 2013 Iowa Acts, Senate File 232, or 2013 successor 16 legislation, shall do all of the following: 17 (a) Develop and conduct necessary outreach and education 18 for individuals providing direct care services, consumers, 19 training providers including but not limited to community 20 college health occupation and training centers, employers, and 21 other interested parties to provide information about and the 22 process for participation in direct care professional voluntary 23 certification. 24 (b) Determine data collection needs, collect data, and 25 track and analyze data to determine the effect of certification 26 on recruitment and retention, turnover rates, the cost of 27 turnover, consumer and employer satisfaction, and public 28 protection. The analysis of the data collected shall also be 29 used to inform changes in the certification system to provide 30 for continuous improvement for direct care professionals, 31 consumers and employers, and the public. 32 i. (1) Of the funds appropriated in this subsection, 33 $207,750 shall be used for allocation to an independent 34 statewide direct care worker association under continuation 35 -15- LSB 1004SB (1) 85 pf/jp 15/ 120
S.F. _____ of the contract in effect during the fiscal year ending June 1 30, 2013, with terms determined by the director of public 2 health relating to education, outreach, leadership development, 3 mentoring, and other initiatives intended to enhance the 4 recruitment and retention of direct care workers in health care 5 and long-term care settings. 6 (2) Of the funds appropriated in this subsection, $75,000 7 shall be used to provide scholarships or other forms of 8 subsidization for direct care worker educational conferences, 9 training, or outreach activities. 10 (3) Of the funds appropriated in this subsection, up to 11 $300,000 shall be used for the direct care professional board 12 created pursuant to chapter 152F, if enacted in 2013 Iowa Acts, 13 Senate File 232, or 2013 successor legislation. However, 14 expenditure of the funds allocated in this subparagraph (3) 15 shall be limited to $184,530 for the initial 5,000 applications 16 for certification received. Expenditure of the remainder 17 shall be expended incrementally, according to the number of 18 additional applications received. 19 j. Of the funds appropriated in this subsection, the 20 department may use up to $58,518 for up to one full-time 21 equivalent position to administer the volunteer health care 22 provider program pursuant to section 135.24 . 23 k. Of the funds appropriated in this subsection, $50,000 24 shall be used for a matching dental education loan repayment 25 program to be allocated to a dental nonprofit health service 26 corporation to develop the criteria and implement the loan 27 repayment program. 28 l. Of the funds appropriated in this subsection, $105,823 29 shall be transferred to the college student aid commission for 30 deposit in the rural Iowa primary care trust fund created in 31 section 261.113 to be used for the purposes of the fund. 32 m. Of the funds appropriated in this subsection, $150,000 33 shall be used for the purposes of the Iowa donor registry as 34 specified in section 142C.18. 35 -16- LSB 1004SB (1) 85 pf/jp 16/ 120
S.F. _____ n. Of the funds appropriated in this subsection, $100,000 1 shall be used for continuation of a grant to a nationally 2 affiliated volunteer eye organization that has an established 3 program for children and adults and that is solely dedicated to 4 preserving sight and preventing blindness through education, 5 nationally certified vision screening and training, and 6 community and patient service programs. The organization 7 shall submit a report to the individuals identified in this 8 Act for submission of reports regarding the use of funds 9 allocated under this paragraph “n”. The report shall include 10 the objectives and results for the program year including 11 the target population and how the funds allocated assisted 12 the program in meeting the objectives; the number, age, and 13 location within the state of individuals served; the type of 14 services provided to the individuals served; the distribution 15 of funds based on service provided; and the continuing needs 16 of the program. 17 o. Of the funds appropriated in this subsection, $25,000 18 shall be used for the establishment of wellness council under 19 the direction of the director of public health to increase 20 support for wellness activities in the state. 21 p. Of the funds appropriated in this section, $1,158,150 22 is allocated to the Iowa collaborative safety net provider 23 network established pursuant to section 135.153 to be used for 24 development and implementation of a statewide regionally-based 25 network to provide an integrated approach to health care 26 delivery through care coordination that supports primary 27 care providers and links patients with community resources 28 necessary to empower patients in addressing biomedical and 29 social determinants of health to improve health outcomes. The 30 Iowa collaborative safety net provider network shall submit a 31 report to the individuals designated in this Act for submission 32 of reports by June 30, 2013, including progress in developing 33 and implementing the network, how the funds were distributed 34 and used in developing and implementing the network, and the 35 -17- LSB 1004SB (1) 85 pf/jp 17/ 120
S.F. _____ remaining needs in developing and implementing the network. 1 q. Of the funds appropriated in this section, $500,000 shall 2 be deposited in the area health education centers fund, as 3 enacted by this Act, to be used for the purposes of the fund. 4 r. Of the funds appropriated in this section, $50,000 shall 5 be used for the public purpose of supporting a partnership 6 between medical providers and parents through community health 7 centers to promote reading and encourage literacy skills so 8 children enter school prepared for success in reading. 9 5. HEALTHY AGING 10 To provide public health services that reduce risks and 11 invest in promoting and protecting good health over the 12 course of a lifetime with a priority given to older Iowans and 13 vulnerable populations: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,297,142 15 a. Of the funds appropriated in this subsection, $2,009,187 16 shall be used for local public health nursing services. 17 b. Of the funds appropriated in this subsection, $5,287,955 18 shall be used for home care aide services. 19 6. ENVIRONMENTAL HAZARDS 20 For reducing the public’s exposure to hazards in the 21 environment, primarily chemical hazards, and for not more than 22 the following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 803,870 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 25 Of the funds appropriated in this subsection, $544,377 shall 26 be used for childhood lead poisoning provisions. 27 7. INFECTIOUS DISEASES 28 For reducing the incidence and prevalence of communicable 29 diseases, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,335,155 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 33 8. PUBLIC PROTECTION 34 For protecting the health and safety of the public through 35 -18- LSB 1004SB (1) 85 pf/jp 18/ 120
S.F. _____ establishing standards and enforcing regulations, and for not 1 more than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,259,571 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 130.00 4 a. Of the funds appropriated in this subsection, not more 5 than $500,334 shall be credited to the emergency medical 6 services fund created in section 135.25 . Moneys in the 7 emergency medical services fund are appropriated to the 8 department to be used for the purposes of the fund. 9 b. Of the funds appropriated in this subsection, $210,619 10 shall be used for sexual violence prevention programming 11 through a statewide organization representing programs serving 12 victims of sexual violence through the department’s sexual 13 violence prevention program. The amount allocated in this 14 lettered paragraph shall not be used to supplant funding 15 administered for other sexual violence prevention or victims 16 assistance programs. 17 c. Of the funds appropriated in this subsection, not more 18 than $539,477 shall be used for the state poison control 19 center. 20 d. Of the funds appropriated in this section, $368,000 shall 21 be used for maintenance of environmental health programs to 22 ensure public safety. 23 e. Of the funds appropriated in this section, $28,000 shall 24 be used as one-time funding to transition the licensing of 25 orthotists, prosthetists, and pedorthists to a fee-supported 26 licensing model. 27 f. Of the funds appropriated in this section, $28,644 shall 28 be used for the costs of the emergency medical services task 29 force as enacted in this Act. 30 g. Of the funds appropriated in this section, $55,800 shall 31 be used as one-time funding for the board of behavioral science 32 to incorporate the provisions of 2013 Iowa Acts, House File 33 569, if enacted, relating to the licensure of professional 34 practicing substance and addictive disorder counseling or 35 -19- LSB 1004SB (1) 85 pf/jp 19/ 120
S.F. _____ providing substance and addictive disorder prevention services. 1 9. RESOURCE MANAGEMENT 2 For establishing and sustaining the overall ability of the 3 department to deliver services to the public, and for not more 4 than the following full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 804,054 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 7 The university of Iowa hospitals and clinics under the 8 control of the state board of regents shall not receive 9 indirect costs from the funds appropriated in this section. 10 The university of Iowa hospitals and clinics billings to the 11 department shall be on at least a quarterly basis. 12 DIVISION IV 13 DEPARTMENT OF VETERANS AFFAIRS —— FY 2013-2014 14 Sec. 4. DEPARTMENT OF VETERANS AFFAIRS. There is 15 appropriated from the general fund of the state to the 16 department of veterans affairs for the fiscal year beginning 17 July 1, 2013, and ending June 30, 2014, the following amounts, 18 or so much thereof as is necessary, to be used for the purposes 19 designated: 20 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 21 For salaries, support, maintenance, and miscellaneous 22 purposes, including the war orphans educational assistance fund 23 created in section 35.8 , or a successor funding provision for 24 war orphans educational assistance, if enacted, and for not 25 more than the following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,093,508 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 28 2. IOWA VETERANS HOME 29 For salaries, support, maintenance, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,025,714 32 a. The Iowa veterans home billings involving the department 33 of human services shall be submitted to the department on at 34 least a monthly basis. 35 -20- LSB 1004SB (1) 85 pf/jp 20/ 120
S.F. _____ b. If there is a change in the employer of employees 1 providing services at the Iowa veterans home under a collective 2 bargaining agreement, such employees and the agreement shall 3 be continued by the successor employer as though there had not 4 been a change in employer. 5 c. Within available resources and in conformance with 6 associated state and federal program eligibility requirements, 7 the Iowa veterans home may implement measures to provide 8 financial assistance to or on behalf of veterans or their 9 spouses who are participating in the community reentry program. 10 d. The Iowa veterans home expenditure report shall be 11 submitted monthly to the legislative services agency. 12 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 13 VETERANS 14 For provision of educational assistance pursuant to section 15 35.9 : 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,416 17 4. HOME OWNERSHIP ASSISTANCE PROGRAM 18 For transfer to the Iowa finance authority for the 19 continuation of the home ownership assistance program for 20 persons who are or were eligible members of the armed forces of 21 the United States, pursuant to section 16.54: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600,000 23 Sec. 5. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS 24 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 25 appropriation in the following designated section for the 26 fiscal year beginning July 1, 2013, and ending June 30, 2014, 27 the amounts appropriated from the general fund of the state 28 pursuant to that section for the following designated purposes 29 shall not exceed the following amount: 30 For the county commissions of veteran affairs fund under 31 section 35A.16 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 33 DIVISION V 34 DEPARTMENT OF HUMAN SERVICES —— FY 2013-2014 35 -21- LSB 1004SB (1) 85 pf/jp 21/ 120
S.F. _____ Sec. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 1 GRANT. There is appropriated from the fund created in section 2 8.41 to the department of human services for the fiscal year 3 beginning July 1, 2013, and ending June 30, 2014, from moneys 4 received under the federal temporary assistance for needy 5 families (TANF) block grant pursuant to the federal Personal 6 Responsibility and Work Opportunity Reconciliation Act of 1996, 7 Pub. L. No. 104-193, and successor legislation, the following 8 amounts, or so much thereof as is necessary, to be used for the 9 purposes designated: 10 1. To be credited to the family investment program account 11 and used for assistance under the family investment program 12 under chapter 239B : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,116,948 14 2. To be credited to the family investment program account 15 and used for the job opportunities and basic skills (JOBS) 16 program and implementing family investment agreements in 17 accordance with chapter 239B : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,866,439 19 3. To be used for the family development and 20 self-sufficiency grant program in accordance with section 21 216A.107 : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 23 Notwithstanding section 8.33 , moneys appropriated in this 24 subsection that remain unencumbered or unobligated at the close 25 of the fiscal year shall not revert but shall remain available 26 for expenditure for the purposes designated until the close of 27 the succeeding fiscal year. However, unless such moneys are 28 encumbered or obligated on or before September 30, 2014, the 29 moneys shall revert. 30 4. For field operations: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 32 5. For general administration: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 34 6. For state child care assistance: 35 -22- LSB 1004SB (1) 85 pf/jp 22/ 120
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,382,687 1 The funds appropriated in this subsection shall be 2 transferred to the child care and development block grant 3 appropriation made by the Eighty-fifth General Assembly, 2013 4 Session, for the federal fiscal year beginning October 1, 5 2013, and ending September 30, 2014. Of this amount, $200,000 6 shall be used for provision of educational opportunities to 7 registered child care home providers in order to improve 8 services and programs offered by this category of providers 9 and to increase the number of providers. The department may 10 contract with institutions of higher education or child care 11 resource and referral centers to provide the educational 12 opportunities. Allowable administrative costs under the 13 contracts shall not exceed 5 percent. The application for a 14 grant shall not exceed two pages in length. 15 7. For transfer to the property tax relief fund and 16 distribution to counties for mental health and disability 17 services as provided in an appropriation made for this purpose: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,894,052 19 8. For child and family services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,084,430 21 9. For child abuse prevention grants: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 23 10. For pregnancy prevention grants on the condition that 24 family planning services are funded: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 26 Pregnancy prevention grants shall be awarded to programs 27 in existence on or before July 1, 2013, if the programs have 28 demonstrated positive outcomes. Grants shall be awarded to 29 pregnancy prevention programs which are developed after July 30 1, 2013, if the programs are based on existing models that 31 have demonstrated positive outcomes. Grants shall comply with 32 the requirements provided in 1997 Iowa Acts, chapter 208, 33 section 14, subsections 1 and 2, including the requirement that 34 grant programs must emphasize sexual abstinence. Priority in 35 -23- LSB 1004SB (1) 85 pf/jp 23/ 120
S.F. _____ the awarding of grants shall be given to programs that serve 1 areas of the state which demonstrate the highest percentage of 2 unplanned pregnancies of females of childbearing age within the 3 geographic area to be served by the grant. 4 11. For technology needs and other resources necessary 5 to meet federal welfare reform reporting, tracking, and case 6 management requirements: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 8 12. To be credited to the state child care assistance 9 appropriation made in this section to be used for funding of 10 community-based early childhood programs targeted to children 11 from birth through five years of age developed by early 12 childhood Iowa areas as provided in section 256I.8 : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,350,000 14 The department shall transfer TANF block grant funding 15 appropriated and allocated in this subsection to the child care 16 and development block grant appropriation in accordance with 17 federal law as necessary to comply with the provisions of this 18 subsection. 19 13. a. Notwithstanding any provision to the contrary, 20 including but not limited to requirements in section 8.41 or 21 provisions in 2012 or 2013 Iowa Acts regarding the receipt and 22 appropriation of federal block grants, federal funds from the 23 temporary assistance for needy families block grant received 24 by the state not otherwise appropriated in this section and 25 remaining available for the fiscal year beginning July 1, 26 2013, are appropriated to the department of human services to 27 the extent as may be necessary to be used in the following 28 priority order: the family investment program for the fiscal 29 year and for state child care assistance program payments for 30 individuals enrolled in the family investment program who are 31 employed. The federal funds appropriated in this paragraph “a” 32 shall be expended only after all other funds appropriated in 33 subsection 1 for the assistance under the family investment 34 program under chapter 239B have been expended. 35 -24- LSB 1004SB (1) 85 pf/jp 24/ 120
S.F. _____ b. The department shall, on a quarterly basis, advise the 1 legislative services agency and department of management of 2 the amount of funds appropriated in this subsection that was 3 expended in the prior quarter. 4 14. Of the amounts appropriated in this section, 5 $12,962,008 for the fiscal year beginning July 1, 2013, shall 6 be transferred to the appropriation of the federal social 7 services block grant made to the department of human services 8 for that fiscal year. 9 15. For continuation of the program providing categorical 10 eligibility for the food assistance program: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 12 16. The department may transfer funds allocated in this 13 section to the appropriations made in this division of this Act 14 for the same fiscal year for general administration and field 15 operations for resources necessary to implement and operate the 16 services referred to in this section and those funded in the 17 appropriation made in this division of this Act for the same 18 fiscal year for the family investment program from the general 19 fund of the state. 20 Sec. 7. FAMILY INVESTMENT PROGRAM ACCOUNT. 21 1. Moneys credited to the family investment program (FIP) 22 account for the fiscal year beginning July 1, 2013, and 23 ending June 30, 2014, shall be used to provide assistance in 24 accordance with chapter 239B . 25 2. The department may use a portion of the moneys credited 26 to the FIP account under this section as necessary for 27 salaries, support, maintenance, and miscellaneous purposes. 28 3. The department may transfer funds allocated in this 29 section to the appropriations made in this division of this Act 30 for the same fiscal year for general administration and field 31 operations for resources necessary to implement and operate the 32 services referred to in this section and those funded in the 33 appropriation made in this division of this Act for the same 34 fiscal year for the family investment program from the general 35 -25- LSB 1004SB (1) 85 pf/jp 25/ 120
S.F. _____ fund of the state. 1 4. Moneys appropriated in this division of this Act and 2 credited to the FIP account for the fiscal year beginning July 3 1, 2013, and ending June 30, 2014, are allocated as follows: 4 a. To be retained by the department of human services to 5 be used for coordinating with the department of human rights 6 to more effectively serve participants in the FIP program and 7 other shared clients and to meet federal reporting requirements 8 under the federal temporary assistance for needy families block 9 grant: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 11 b. To the department of human rights for staffing, 12 administration, and implementation of the family development 13 and self-sufficiency grant program in accordance with section 14 216A.107 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500,000 16 (1) Of the funds allocated for the family development and 17 self-sufficiency grant program in this lettered paragraph, 18 not more than 5 percent of the funds shall be used for the 19 administration of the grant program. 20 (2) The department of human rights may continue to implement 21 the family development and self-sufficiency grant program 22 statewide during fiscal year 2013-2014. 23 c. For the diversion subaccount of the FIP account: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,698,400 25 A portion of the moneys allocated for the subaccount may 26 be used for field operations salaries, data management system 27 development, and implementation costs and support deemed 28 necessary by the director of human services in order to 29 administer the FIP diversion program. 30 d. For the food assistance employment and training program: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 32 (1) The department shall apply the federal supplemental 33 nutrition assistance program (SNAP) employment and training 34 state plan in order to maximize to the fullest extent permitted 35 -26- LSB 1004SB (1) 85 pf/jp 26/ 120
S.F. _____ by federal law the use of the 50 percent federal reimbursement 1 provisions for the claiming of allowable federal reimbursement 2 funds from the United States department of agriculture 3 pursuant to the federal SNAP employment and training program 4 for providing education, employment, and training services 5 for eligible food assistance program participants, including 6 but not limited to related dependent care and transportation 7 expenses. 8 (2) The department shall continue the categorical federal 9 food assistance program eligibility at 160 percent of the 10 federal poverty level and continue to eliminate the asset test 11 from eligibility requirements, consistent with federal food 12 assistance program requirements. The department shall include 13 as many food assistance households as is allowed by federal 14 law. The eligibility provisions shall conform to all federal 15 requirements including requirements addressing individuals who 16 are incarcerated or otherwise ineligible. 17 e. For the JOBS program: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,690,816 19 5. Of the child support collections assigned under FIP, 20 an amount equal to the federal share of support collections 21 shall be credited to the child support recovery appropriation 22 made in this division of this Act. Of the remainder of the 23 assigned child support collections received by the child 24 support recovery unit, a portion shall be credited to the FIP 25 account, a portion may be used to increase recoveries, and a 26 portion may be used to sustain cash flow in the child support 27 payments account. If as a consequence of the appropriations 28 and allocations made in this section the resulting amounts 29 are insufficient to sustain cash assistance payments and meet 30 federal maintenance of effort requirements, the department 31 shall seek supplemental funding. If child support collections 32 assigned under FIP are greater than estimated or are otherwise 33 determined not to be required for maintenance of effort, the 34 state share of either amount may be transferred to or retained 35 -27- LSB 1004SB (1) 85 pf/jp 27/ 120
S.F. _____ in the child support payment account. 1 6. The department may adopt emergency rules for the family 2 investment, JOBS, food assistance, and medical assistance 3 programs if necessary to comply with federal requirements. 4 Sec. 8. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 5 is appropriated from the general fund of the state to the 6 department of human services for the fiscal year beginning July 7 1, 2013, and ending June 30, 2014, the following amount, or 8 so much thereof as is necessary, to be used for the purpose 9 designated: 10 To be credited to the family investment program (FIP) 11 account and used for family investment program assistance under 12 chapter 239B : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,894,380 14 1. Of the funds appropriated in this section, $7,824,377 is 15 allocated for the JOBS program. 16 2. Of the funds appropriated in this section, $3,621,020 is 17 allocated for the family development and self-sufficiency grant 18 program. 19 3. Notwithstanding section 8.39 , for the fiscal year 20 beginning July 1, 2013, 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 -28- LSB 1004SB (1) 85 pf/jp 28/ 120
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. For distribution to counties for state case services for 7 persons with mental illness, an intellectual disability, or a 8 developmental disability. 9 This subsection shall not be construed to prohibit the use 10 of existing state transfer authority for other purposes. The 11 department shall report any transfers made pursuant to this 12 subsection to the legislative services agency. 13 4. Of the funds appropriated in this section, $195,678 shall 14 be used for continuation of a grant to an Iowa-based nonprofit 15 organization with a history of providing tax preparation 16 assistance to low-income Iowans in order to expand the usage of 17 the earned income tax credit. The purpose of the grant is to 18 supply this assistance to underserved areas of the state. 19 5. Of the funds appropriated in this section, $40,000 20 shall be used to fund the expansion of an existing unfunded 21 pilot project, as defined in 441 IAC 100.1, relating to 22 parental obligations, in which the child support recovery 23 unit participates, to support the efforts of a nonprofit 24 organization committed to strengthening the community through 25 youth development, healthy living, and social responsibility in 26 a county with a population over 350,000. The funds allocated 27 in this subsection shall be used by the recipient organization 28 to develop a larger community effort, through public and 29 private partnerships, to support a broad-based fatherhood 30 initiative that promotes payment of child support obligations, 31 improved family relationships, and full-time employment. 32 6. 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 -29- LSB 1004SB (1) 85 pf/jp 29/ 120
S.F. _____ to administer this section and the overall family investment 1 program. 2 Sec. 9. CHILD SUPPORT RECOVERY. There is appropriated 3 from the general fund of the state to the department of human 4 services for the fiscal year beginning July 1, 2013, and ending 5 June 30, 2014, the following amount, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 For child support recovery, including salaries, support, 8 maintenance, and miscellaneous purposes, and for not more than 9 the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,173,770 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 464.00 12 1. The department shall expend up to $24,329, including 13 federal financial participation, for the fiscal year beginning 14 July 1, 2013, for a child support public awareness campaign. 15 The department and the office of the attorney general shall 16 cooperate in continuation of the campaign. The public 17 awareness campaign shall emphasize, through a variety of 18 media activities, the importance of maximum involvement of 19 both parents in the lives of their children as well as the 20 importance of payment of child support obligations. 21 2. Federal access and visitation grant moneys shall be 22 issued directly to private not-for-profit agencies that provide 23 services designed to increase compliance with the child access 24 provisions of court orders, including but not limited to 25 neutral visitation sites and mediation services. 26 3. The appropriation made to the department for child 27 support recovery may be used throughout the fiscal year in the 28 manner necessary for purposes of cash flow management, and for 29 cash flow management purposes the department may temporarily 30 draw more than the amount appropriated, provided the amount 31 appropriated is not exceeded at the close of the fiscal year. 32 4. With the exception of the funding amount specified, the 33 requirements established under 2001 Iowa Acts, chapter 191, 34 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 35 -30- LSB 1004SB (1) 85 pf/jp 30/ 120
S.F. _____ be applicable to parental obligation pilot projects for the 1 fiscal year beginning July 1, 2013, and ending June 30, 2014. 2 Notwithstanding 441 IAC 100.8, providing for termination of 3 rules relating to the pilot projects, the rules shall remain 4 in effect until June 30, 2014. 5 Sec. 10. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 6 FY 2013-2014. Any funds remaining in the health care trust 7 fund created in section 453A.35A for the fiscal year beginning 8 July 1, 2013, and ending June 30, 2014, are appropriated to 9 the department of human services to supplement the medical 10 assistance program appropriations made in this division of this 11 Act, for medical assistance reimbursement and associated costs, 12 including program administration and costs associated with 13 program implementation. 14 Sec. 11. MEDICAL ASSISTANCE. There is appropriated from the 15 general fund of the state to the department of human services 16 for the fiscal year beginning July 1, 2013, and ending June 30, 17 2014, the following amount, or so much thereof as is necessary, 18 to be used for the purpose designated: 19 For medical assistance program reimbursement and associated 20 costs as specifically provided in the reimbursement 21 methodologies in effect on June 30, 2013, except as otherwise 22 expressly authorized by law, and consistent with options under 23 federal law and regulations: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,292,985,748 25 1. The funds appropriated in this section shall be used 26 in accordance with 2011 Iowa Acts, chapter 129, section 10, 27 subsection 1. 28 2. The department shall utilize not more than $60,000 of 29 the funds appropriated in this section to continue the AIDS/HIV 30 health insurance premium payment program as established in 1992 31 Iowa Acts, Second Extraordinary Session, chapter 1001, section 32 409, subsection 6. Of the funds allocated in this subsection, 33 not more than $5,000 may be expended for administrative 34 purposes. 35 -31- LSB 1004SB (1) 85 pf/jp 31/ 120
S.F. _____ 3. Of the funds appropriated in this Act to the department 1 of public health for addictive disorders, $950,000 for the 2 fiscal year beginning July 1, 2013, shall be transferred 3 to the department of human services for an integrated 4 substance-related disorder managed care system. The department 5 shall not assume management of the substance-related disorder 6 system in place of the managed care contractor unless such 7 a change in approach is specifically authorized in law. 8 The departments of human services and public health shall 9 work together to maintain the level of mental health and 10 substance-related disorder treatment services provided by the 11 managed care contractor through the Iowa plan for behavioral 12 health. Each department shall take the steps necessary to 13 continue the federal waivers as necessary to maintain the level 14 of services. 15 4. a. The department shall aggressively pursue options for 16 providing medical assistance or other assistance to individuals 17 with special needs who become ineligible to continue receiving 18 services under the early and periodic screening, diagnostic, 19 and treatment program under the medical assistance program 20 due to becoming 21 years of age who have been approved for 21 additional assistance through the department’s exception to 22 policy provisions, but who have health care needs in excess 23 of the funding available through the exception to policy 24 provisions. 25 b. Of the funds appropriated in this section, $100,000 26 shall be used for participation in one or more pilot projects 27 operated by a private provider to allow the individual or 28 individuals to receive service in the community in accordance 29 with principles established in Olmstead v. L.C., 527 U.S. 581 30 (1999), for the purpose of providing medical assistance or 31 other assistance to individuals with special needs who become 32 ineligible to continue receiving services under the early and 33 periodic screening, diagnostic, and treatment program under 34 the medical assistance program due to becoming 21 years of 35 -32- LSB 1004SB (1) 85 pf/jp 32/ 120
S.F. _____ age who have been approved for additional assistance through 1 the department’s exception to policy provisions, but who have 2 health care needs in excess of the funding available through 3 the exception to the policy provisions. 4 5. Of the funds appropriated in this section, up to 5 $3,050,082 may be transferred to the field operations or 6 general administration appropriations in this division of this 7 Act for operational costs associated with Part D of the federal 8 Medicare Prescription Drug Improvement and Modernization Act 9 of 2003, Pub. L. No. 108-173. 10 6. Of the funds appropriated in this section, up to $442,100 11 may be transferred to the appropriation in this division 12 of this Act for medical contracts to be used for clinical 13 assessment services and prior authorization of services. 14 7. A portion of the funds appropriated in this section 15 may be transferred to the appropriations in this division of 16 this Act for general administration, medical contracts, the 17 children’s health insurance program, or field operations to be 18 used for the state match cost to comply with the payment error 19 rate measurement (PERM) program for both the medical assistance 20 and children’s health insurance programs as developed by the 21 centers for Medicare and Medicaid services of the United States 22 department of health and human services to comply with the 23 federal Improper Payments Information Act of 2002, Pub. L. No. 24 107-300. 25 8. It is the intent of the general assembly that the 26 department continue to implement the recommendations of 27 the assuring better child health and development initiative 28 II (ABCDII) clinical panel to the Iowa early and periodic 29 screening, diagnostic, and treatment services healthy mental 30 development collaborative board regarding changes to billing 31 procedures, codes, and eligible service providers. 32 9. Of the funds appropriated in this section, a sufficient 33 amount is allocated to supplement the incomes of residents of 34 nursing facilities, intermediate care facilities for persons 35 -33- LSB 1004SB (1) 85 pf/jp 33/ 120
S.F. _____ with mental illness, and intermediate care facilities for 1 persons with an intellectual disability, with incomes of less 2 than $50 in the amount necessary for the residents to receive a 3 personal needs allowance of $50 per month pursuant to section 4 249A.30A. 5 10. Of the funds appropriated in this section, the following 6 amounts shall be transferred to the appropriations made in this 7 division of this Act for the state mental health institutes: 8 a. Cherokee mental health institute . . . . . . . . . . . $ 9,098,425 9 b. Clarinda mental health institute . . . . . . . . . . . $ 1,977,305 10 c. Independence mental health institute . . . . . . . $ 9,045,894 11 d. Mount Pleasant mental health institute . . . . . $ 5,752,587 12 11. a. Of the funds appropriated in this section, 13 $7,969,074 is allocated for the state match for a 14 disproportionate share hospital payment of $19,133,430 to 15 hospitals that meet both of the conditions specified in 16 subparagraphs (1) and (2). In addition, the hospitals that 17 meet the conditions specified shall either certify public 18 expenditures or transfer to the medical assistance program 19 an amount equal to provide the nonfederal share for a 20 disproportionate share hospital payment of $7,500,000. The 21 hospitals that meet the conditions specified shall receive and 22 retain 100 percent of the total disproportionate share hospital 23 payment of $26,633,430. 24 (1) The hospital qualifies for disproportionate share and 25 graduate medical education payments. 26 (2) The hospital is an Iowa state-owned hospital with more 27 than 500 beds and eight or more distinct residency specialty 28 or subspecialty programs recognized by the American college of 29 graduate medical education. 30 b. Distribution of the disproportionate share payments 31 shall be made on a monthly basis. The total amount of 32 disproportionate share payments including graduate medical 33 education, enhanced disproportionate share, and Iowa 34 state-owned teaching hospital payments shall not exceed the 35 -34- LSB 1004SB (1) 85 pf/jp 34/ 120
S.F. _____ amount of the state’s allotment under Pub. L. No. 102-234. 1 In addition, the total amount of all disproportionate 2 share payments shall not exceed the hospital-specific 3 disproportionate share limits under Pub. L. No. 103-66. 4 12. The university of Iowa hospitals and clinics shall 5 either certify public expenditures or transfer to the 6 appropriations made in this division of this Act for medical 7 assistance an amount equal to provide the nonfederal share 8 for increased medical assistance payments for inpatient and 9 outpatient hospital services of $9,900,000. The university of 10 Iowa hospitals and clinics shall receive and retain 100 percent 11 of the total increase in medical assistance payments. 12 13. Of the funds appropriated in this section, up to 13 $11,921,225 may be transferred to the IowaCare account created 14 in section 249J.24 . 15 14. Of the funds appropriated in this section, $200,000 16 shall be used for the Iowa chronic care consortium pursuant to 17 2003 Iowa Acts, chapter 112, section 12, as amended by 2003 18 Iowa Acts, chapter 179, sections 166 and 167. 19 15. One hundred percent of the nonfederal share of payments 20 to area education agencies that are medical assistance 21 providers for medical assistance-covered services provided to 22 medical assistance-covered children, shall be made from the 23 appropriation made in this section. 24 16. Any new or renewed contract entered into by the 25 department with a third party to administer behavioral health 26 services under the medical assistance program shall provide 27 that any interest earned on payments from the state during 28 the state fiscal year shall be remitted to the department 29 and treated as recoveries to offset the costs of the medical 30 assistance program. 31 17. The department shall continue to implement the 32 provisions in 2007 Iowa Acts, chapter 218, section 124 and 33 section 126, as amended by 2008 Iowa Acts, chapter 1188, 34 section 55, relating to eligibility for certain persons with 35 -35- LSB 1004SB (1) 85 pf/jp 35/ 120
S.F. _____ disabilities under the medical assistance program in accordance 1 with the federal Family Opportunity Act. 2 18. A portion of the funds appropriated in this section 3 may be transferred to the appropriation in this division of 4 this Act for medical contracts to be used for administrative 5 activities associated with the money follows the person 6 demonstration project. 7 19. Of the funds appropriated in this section, $349,011 8 shall be used for the administration of the health insurance 9 premium payment program, including salaries, support, 10 maintenance, and miscellaneous purposes. 11 20. a. The department shall implement the following cost 12 containment strategies for the medical assistance program and 13 shall adopt emergency rules for such implementation: 14 (1) Notwithstanding any provision of law to the contrary, 15 the department shall integrate medical assistance program 16 habilitation services into the Iowa plan contract for the 17 fiscal year beginning July 1, 2013. 18 (2) The department shall require prior authorization for 19 provision of any home health services for adults in excess of 20 one hundred visits per year. 21 (3) The department shall prohibit coverage for elective, 22 nonmedically necessary cesarean sections. 23 (4) The department shall require prior authorization based 24 on specified criteria before providing reimbursement for 25 hospital swing bed placements and continued stays. 26 (5) The department shall align payment methodologies and 27 rates between medical and nonmedical transportation services 28 through the transportation brokerage provider. 29 (6) The department shall require that all fees for employee 30 records checks shall be paid by the medical assistance home and 31 community-based waiver services consumer-directed attendant 32 care or consumer choices option provider, with the exception 33 of one initial state records check per employee which shall be 34 paid by the Iowa Medicaid enterprise. 35 -36- LSB 1004SB (1) 85 pf/jp 36/ 120
S.F. _____ (7) The department shall require transition of the 1 provision by individual providers of personal care under the 2 consumer-directed attendant care option to agency-provided 3 personal care services and shall retain the consumer choice 4 option for those individuals able and desiring to self-direct 5 services. 6 (8) The department shall require that persons with an 7 intellectual disability receiving services under the medical 8 assistance program receive a functional assessment utilizing 9 the supports intensity scale tool. The department shall 10 contract with an independent entity to perform the functional 11 assessments. The department shall implement a tiered resource 12 allocation methodology for service plans under the medical 13 assistance home and community-based services waiver for persons 14 with an intellectual disability. 15 (9) The department shall develop a new reimbursement 16 methodology for medical assistance targeted case management 17 that applies appropriate cost limits. 18 (10) The department shall implement an integrated health 19 home approach under the medical assistance program for persons 20 with chronic mental illness. The approach shall integrate the 21 functions of medical assistance targeted case management. 22 (11) The department shall expand the categories of diabetic 23 supplies for which a rebate may be received. 24 (12) The department shall limit authorizations for 25 institutional-based care to 30 days for members following 26 discharge from a hospital if the member previously lived in a 27 community-based setting. 28 b. The department shall not implement the cost containment 29 strategy to require a primary care referral for the provision 30 of chiropractic services. 31 c. The department may increase the amounts allocated for 32 salaries, support, maintenance, and miscellaneous purposes 33 associated with the medical assistance program, as necessary, 34 to implement the cost containment strategies. The department 35 -37- LSB 1004SB (1) 85 pf/jp 37/ 120
S.F. _____ shall report any such increase to the legislative services 1 agency and the department of management. 2 d. If the savings to the medical assistance program exceed 3 the cost for the fiscal year, the department may transfer any 4 savings generated for the fiscal year due to medical assistance 5 program cost containment efforts to the appropriation 6 made in this division of this Act for medical contracts or 7 general administration to defray the increased contract costs 8 associated with implementing such efforts. 9 e. The department shall report the implementation of 10 any cost containment strategies under this subsection to 11 the individuals specified in this division of this Act for 12 submission of reports on a quarterly basis. 13 21. Notwithstanding any provision of law to the contrary, 14 the department of human services shall continue implementation 15 of the amended section 1915(b) waiver and Iowa plan contract 16 for inclusion of remedial services under the Iowa plan contract 17 for the fiscal year beginning July 1, 2013. 18 22. Of the funds appropriated in this section, $7,041,689 19 shall be used to implement reductions in the waiting lists 20 of all medical assistance home and community-based services 21 waivers. 22 23. a. Of the funds appropriated in this section, $900,000 23 shall be used to implement the children’s mental health 24 home project proposed by the department of human services 25 and reported to the general assembly’s mental health and 26 disability services study committee in December 2011. Of this 27 amount, up to $50,000 may be transferred by the department to 28 the appropriation made in this division of this Act to the 29 department for the same fiscal year for general administration 30 to be used for associated administrative expenses and for not 31 more than one full-time equivalent position, in addition to 32 those authorized for the same fiscal year, to be assigned to 33 implementing the project. 34 b. Of the funds appropriated in this section, up to $400,000 35 -38- LSB 1004SB (1) 85 pf/jp 38/ 120
S.F. _____ may be transferred by the department to the appropriation 1 made to the department in this division of this Act for 2 the same fiscal year for general administration to support 3 the redesign of mental health and disability services and 4 the state balancing incentive payments program planning and 5 implementation activities. The funds may be used for contracts 6 or for personnel in addition to the amounts appropriated for 7 and the positions authorized for general administration for the 8 same fiscal year. 9 c. Of the funds appropriated in this section, up to 10 $3,000,000 may be transferred by the department to the 11 appropriations made to the department in this division of 12 this Act for the same fiscal year for general administration 13 or medical contracts to be used to support the development 14 and implementation of standardized assessment tools for 15 persons with mental illness, an intellectual disability, a 16 developmental disability, or a brain injury. 17 d. For the fiscal year beginning July 1, 2013, and ending 18 June 30, 2014, the replacement generation tax revenues required 19 to be deposited in the property tax relief fund pursuant to 20 section 437A.8, subsection 4, paragraph “d”, and section 21 437A.15, subsection 3, paragraph “f”, shall instead be credited 22 to and supplement the appropriation made in this section and 23 used for the allocations made in this subsection. 24 24. Of the funds appropriated in this section, $250,000 25 shall be used for lodging expenses associated with patient 26 care provided at the university of Iowa hospitals and clinics 27 under chapter 249J. The department of human services shall 28 establish the maximum number of overnight stays and the maximum 29 rate reimbursed for overnight lodging, which may be based 30 on the state employee rate established by the department 31 of administrative services. The funds allocated in this 32 subsection shall not be used as nonfederal share matching 33 funds. 34 Sec. 12. MEDICAL CONTRACTS. There is appropriated from the 35 -39- LSB 1004SB (1) 85 pf/jp 39/ 120
S.F. _____ general fund of the state to the department of human services 1 for the fiscal year beginning July 1, 2013, and ending June 30, 2 2014, the following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For medical contracts: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,691,569 6 1. The department of inspections and appeals shall 7 provide all state matching funds for survey and certification 8 activities performed by the department of inspections 9 and appeals. The department of human services is solely 10 responsible for distributing the federal matching funds for 11 such activities. 12 2. Of the funds appropriated in this section, $50,000 shall 13 be used for continuation of home and community-based services 14 waiver quality assurance programs, including the review and 15 streamlining of processes and policies related to oversight and 16 quality management to meet state and federal requirements. 17 3. Of the amount appropriated in this section, up to 18 $200,000 may be transferred to the appropriation for general 19 administration in this division of this Act to be used for 20 additional full-time equivalent positions in the development of 21 key health initiatives such as cost containment, development 22 and oversight of managed care programs, and development of 23 health strategies targeted toward improved quality and reduced 24 costs in the Medicaid program. 25 4. Of the funds appropriated in this section, $64,398 shall 26 be used for provision of the IowaCare program nurse helpline 27 for the expansion population as provided in section 249J.6. 28 5. Of the funds appropriated in this section, $80,000 shall 29 be used for costs related to audits, performance evaluations, 30 and studies required pursuant to chapter 249J. 31 6. Of the funds appropriated in this section, $194,654 shall 32 be used for administrative costs associated with chapter 249J. 33 7. Of the funds appropriated in this section, $1,000,000 34 shall be used for planning and development, in cooperation with 35 -40- LSB 1004SB (1) 85 pf/jp 40/ 120
S.F. _____ the department of public health, of a phased-in program to 1 provide a dental home for children in accordance with section 2 249J.14. 3 8. Of the funds appropriated in this section, $270,000 shall 4 be used 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 Disbursements under this subsection shall be made monthly. 8 The hospital shall submit a report following the close of 9 the fiscal year regarding use of the funds allocated in this 10 subsection to the persons specified in this Act to receive 11 reports. 12 9. Of the funds appropriated in this section, $100,000 shall 13 be used for continuation of an accountable care organization 14 pilot project. 15 10. Of the funds appropriated in this section, $75,000 shall 16 be used for continued implementation of a uniform cost report. 17 11. Of the funds appropriated in this section, $3,300,000 18 shall be used for the autism support program created in chapter 19 225D, as enacted in this Act. 20 Sec. 13. STATE SUPPLEMENTARY ASSISTANCE. 21 1. There is appropriated from the general fund of the 22 state to the department of human services for the fiscal year 23 beginning July 1, 2013, and ending June 30, 2014, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purpose designated: 26 For the state supplementary assistance program: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,512,174 28 2. The department shall increase the personal needs 29 allowance for residents of residential care facilities by the 30 same percentage and at the same time as federal supplemental 31 security income and federal social security benefits are 32 increased due to a recognized increase in the cost of living. 33 The department may adopt emergency rules to implement this 34 subsection. 35 -41- LSB 1004SB (1) 85 pf/jp 41/ 120
S.F. _____ 3. If during the fiscal year beginning July 1, 2013, 1 the department projects that state supplementary assistance 2 expenditures for a calendar year will not meet the federal 3 pass-through requirement specified in Tit. XVI of the federal 4 Social Security Act, section 1618, as codified in 42 U.S.C. 5 § 1382g, the department may take actions including but not 6 limited to increasing the personal needs allowance for 7 residential care facility residents and making programmatic 8 adjustments or upward adjustments of the residential care 9 facility or in-home health-related care reimbursement rates 10 prescribed in this division of this Act to ensure that federal 11 requirements are met. In addition, the department may make 12 other programmatic and rate adjustments necessary to remain 13 within the amount appropriated in this section while ensuring 14 compliance with federal requirements. The department may adopt 15 emergency rules to implement the provisions of this subsection. 16 Sec. 14. CHILDREN’S HEALTH INSURANCE PROGRAM. 17 1. There is appropriated from the general fund of the 18 state to the department of human services for the fiscal year 19 beginning July 1, 2013, and ending June 30, 2014, the following 20 amount, or so much thereof as is necessary, to be used for the 21 purpose designated: 22 For maintenance of the healthy and well kids in Iowa (hawk-i) 23 program pursuant to chapter 514I , including supplemental dental 24 services, for receipt of federal financial participation under 25 Tit. XXI of the federal Social Security Act, which creates the 26 children’s health insurance program: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,806,102 28 2. Of the funds appropriated in this section, $141,450 is 29 allocated for continuation of the contract for outreach with 30 the department of public health. 31 Sec. 15. CHILD CARE ASSISTANCE. There is appropriated 32 from the general fund of the state to the department of human 33 services for the fiscal year beginning July 1, 2013, and ending 34 June 30, 2014, the following amount, or so much thereof as is 35 -42- LSB 1004SB (1) 85 pf/jp 42/ 120
S.F. _____ necessary, to be used for the purpose designated: 1 For child care programs: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72,931,661 3 1. Of the funds appropriated in this section, $71,427,056 4 shall be used for state child care assistance in accordance 5 with section 237A.13 . 6 2. Nothing in this section shall be construed or is 7 intended as or shall imply a grant of entitlement for services 8 to persons who are eligible for assistance due to an income 9 level consistent with the waiting list requirements of section 10 237A.13 . Any state obligation to provide services pursuant to 11 this section is limited to the extent of the funds appropriated 12 in this section. 13 3. Of the funds appropriated in this section, $432,453 is 14 allocated for the statewide program for child care resource 15 and referral services under section 237A.26 . A list of the 16 registered and licensed child care facilities operating in the 17 area served by a child care resource and referral service shall 18 be made available to the families receiving state child care 19 assistance in that area. 20 4. Of the funds appropriated in this section, $936,974 21 is allocated for child care quality improvement initiatives 22 including but not limited to the voluntary quality rating 23 system in accordance with section 237A.30 . 24 5. Of the funds appropriated in this section, $135,178 25 shall be used for the cost of a child care provider conducting 26 a federally-required national criminal history check of a 27 person’s fingerprints through the United States department of 28 justice, federal bureau of investigation. 29 6. The department shall change the standard period for 30 redetermining the eligibility of a state child care assistance 31 program participant to 12 months and increase the income 32 eligibility for employed families under the program to 148 33 percent of the federal poverty level, in accordance with the 34 amendments in this Act to section 237A.13. 35 -43- LSB 1004SB (1) 85 pf/jp 43/ 120
S.F. _____ 7. The department may use any of the funds appropriated 1 in this section as a match to obtain federal funds for use in 2 expanding child care assistance and related programs. For 3 the purpose of expenditures of state and federal child care 4 funding, funds shall be considered obligated at the time 5 expenditures are projected or are allocated to the department’s 6 service areas. Projections shall be based on current and 7 projected caseload growth, current and projected provider 8 rates, staffing requirements for eligibility determination 9 and management of program requirements including data systems 10 management, staffing requirements for administration of the 11 program, contractual and grant obligations and any transfers 12 to other state agencies, and obligations for decategorization 13 or innovation projects. 14 8. A portion of the state match for the federal child care 15 and development block grant shall be provided as necessary to 16 meet federal matching funds requirements through the state 17 general fund appropriation made for child development grants 18 and other programs for at-risk children in section 279.51 . 19 9. If a uniform reduction ordered by the governor under 20 section 8.31 or other operation of law, transfer, or federal 21 funding reduction reduces the appropriation made in this 22 section for the fiscal year, the percentage reduction in the 23 amount paid out to or on behalf of the families participating 24 in the state child care assistance program shall be equal to or 25 less than the percentage reduction made for any other purpose 26 payable from the appropriation made in this section and the 27 federal funding relating to it. The percentage reduction to 28 the other allocations made in this section shall be the same as 29 the uniform reduction ordered by the governor or the percentage 30 change of the federal funding reduction, as applicable. 31 If there is an unanticipated increase in federal funding 32 provided for state child care assistance, the entire amount 33 of the increase shall be used for state child care assistance 34 payments. If the appropriations made for purposes of the 35 -44- LSB 1004SB (1) 85 pf/jp 44/ 120
S.F. _____ state child care assistance program for the fiscal year are 1 determined to be insufficient, it is the intent of the general 2 assembly to appropriate sufficient funding for the fiscal year 3 in order to avoid establishment of waiting list requirements. 4 10. Notwithstanding section 8.33 , moneys advanced for 5 purposes of the programs developed by early childhood Iowa 6 areas, advanced for purposes of wraparound child care, or 7 received from the federal appropriations made for the purposes 8 of this section that remain unencumbered or unobligated at the 9 close of the fiscal year shall not revert to any fund but shall 10 remain available for expenditure for the purposes designated 11 until the close of the succeeding fiscal year. 12 Sec. 16. JUVENILE INSTITUTIONS. There is appropriated 13 from the general fund of the state to the department of human 14 services for the fiscal year beginning July 1, 2013, and ending 15 June 30, 2014, the following amounts, or so much thereof as is 16 necessary, to be used for the purposes designated: 17 1. For operation of the Iowa juvenile home at Toledo and for 18 salaries, support, maintenance, and miscellaneous purposes, and 19 for not more than the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,859,355 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 22 2. For operation of the state training school at Eldora and 23 for salaries, support, maintenance, and miscellaneous purposes, 24 and for not more than the following full-time equivalent 25 positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,256,969 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 28 Of the funds appropriated in this subsection, $91,150 shall 29 be used for distribution to licensed classroom teachers at this 30 and other institutions under the control of the department of 31 human services based upon the average student yearly enrollment 32 at each institution as determined by the department. 33 3. A portion of the moneys appropriated in this section 34 shall be used by the state training school and by the Iowa 35 -45- LSB 1004SB (1) 85 pf/jp 45/ 120
S.F. _____ juvenile home for grants for adolescent pregnancy prevention 1 activities at the institutions in the fiscal year beginning 2 July 1, 2013. 3 Sec. 17. CHILD AND FAMILY SERVICES. 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, 2013, and ending June 30, 2014, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purpose designated: 9 For child and family services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 93,188,770 11 2. In order to address a reduction of $5,200,000 from the 12 amount allocated under the appropriation made for the purposes 13 of this section in prior years for purposes of juvenile 14 delinquent graduated sanction services, up to $5,200,000 of the 15 amount of federal temporary assistance for needy families block 16 grant funding appropriated in this division of this Act for 17 child and family services shall be made available for purposes 18 of juvenile delinquent graduated sanction services. 19 3. The department may transfer funds appropriated in this 20 section as necessary to pay the nonfederal costs of services 21 reimbursed under the medical assistance program, state child 22 care assistance program, or the family investment program which 23 are provided to children who would otherwise receive services 24 paid under the appropriation in this section. The department 25 may transfer funds appropriated in this section to the 26 appropriations made in this division of this Act for general 27 administration and for field operations for resources necessary 28 to implement and operate the services funded in this section. 29 4. a. Of the funds appropriated in this section, up to 30 $30,837,098 is allocated as the statewide expenditure target 31 under section 232.143 for group foster care maintenance and 32 services. If the department projects that such expenditures 33 for the fiscal year will be less than the target amount 34 allocated in this lettered paragraph, the department may 35 -46- LSB 1004SB (1) 85 pf/jp 46/ 120
S.F. _____ reallocate the excess to provide additional funding for shelter 1 care or the child welfare emergency services addressed with the 2 allocation for shelter care. 3 b. If at any time after September 30, 2013, annualization 4 of a service area’s current expenditures indicates a service 5 area is at risk of exceeding its group foster care expenditure 6 target under section 232.143 by more than 5 percent, the 7 department and juvenile court services shall examine all 8 group foster care placements in that service area in order to 9 identify those which might be appropriate for termination. 10 In addition, any aftercare services believed to be needed 11 for the children whose placements may be terminated shall be 12 identified. The department and juvenile court services shall 13 initiate action to set dispositional review hearings for the 14 placements identified. In such a dispositional review hearing, 15 the juvenile court shall determine whether needed aftercare 16 services are available and whether termination of the placement 17 is in the best interest of the child and the community. 18 5. In accordance with the provisions of section 232.188 , 19 the department shall continue the child welfare and juvenile 20 justice funding initiative during fiscal year 2013-2014. Of 21 the funds appropriated in this section, $1,717,753 is allocated 22 specifically for expenditure for fiscal year 2013-2014 through 23 the decategorization service funding pools and governance 24 boards established pursuant to section 232.188 . 25 6. A portion of the funds appropriated in this section 26 may be used for emergency family assistance to provide other 27 resources required for a family participating in a family 28 preservation or reunification project or successor project to 29 stay together or to be reunified. 30 7. Notwithstanding section 234.35 or any other provision 31 of law to the contrary, state funding for shelter care and 32 the child welfare emergency services contracting implemented 33 to provide for or prevent the need for shelter care shall be 34 limited to $6,870,116. 35 -47- LSB 1004SB (1) 85 pf/jp 47/ 120
S.F. _____ 8. Federal funds received by the state during the fiscal 1 year beginning July 1, 2013, as the result of the expenditure 2 of state funds appropriated during a previous state fiscal 3 year for a service or activity funded under this section are 4 appropriated to the department to be used as additional funding 5 for services and purposes provided for under this section. 6 Notwithstanding section 8.33 , moneys received in accordance 7 with this subsection that remain unencumbered or unobligated at 8 the close of the fiscal year shall not revert to any fund but 9 shall remain available for the purposes designated until the 10 close of the succeeding fiscal year. 11 9. a. Of the funds appropriated in this section, up to 12 $3,290,000 is allocated for the payment of the expenses of 13 court-ordered services provided to juveniles who are under the 14 supervision of juvenile court services, which expenses are a 15 charge upon the state pursuant to section 232.141, subsection 16 4 . Of the amount allocated in this lettered paragraph, up to 17 $1,556,287 shall be made available to provide school-based 18 supervision of children adjudicated under chapter 232 , of which 19 not more than $15,000 may be used for the purpose of training. 20 A portion of the cost of each school-based liaison officer 21 shall be paid by the school district or other funding source as 22 approved by the chief juvenile court officer. 23 b. Of the funds appropriated in this section, up to $748,985 24 is allocated for the payment of the expenses of court-ordered 25 services provided to children who are under the supervision 26 of the department, which expenses are a charge upon the state 27 pursuant to section 232.141, subsection 4 . 28 c. Notwithstanding section 232.141 or any other provision 29 of law to the contrary, the amounts allocated in this 30 subsection shall be distributed to the judicial districts 31 as determined by the state court administrator and to the 32 department’s service areas as determined by the administrator 33 of the department’s division of child and family services. The 34 state court administrator and the division administrator shall 35 -48- LSB 1004SB (1) 85 pf/jp 48/ 120
S.F. _____ make the determination of the distribution amounts on or before 1 June 15, 2013. 2 d. Notwithstanding chapter 232 or any other provision of 3 law to the contrary, a district or juvenile court shall not 4 order any service which is a charge upon the state pursuant 5 to section 232.141 if there are insufficient court-ordered 6 services funds available in the district court or departmental 7 service area distribution amounts to pay for the service. The 8 chief juvenile court officer and the departmental service area 9 manager shall encourage use of the funds allocated in this 10 subsection such that there are sufficient funds to pay for 11 all court-related services during the entire year. The chief 12 juvenile court officers and departmental service area managers 13 shall attempt to anticipate potential surpluses and shortfalls 14 in the distribution amounts and shall cooperatively request the 15 state court administrator or division administrator to transfer 16 funds between the judicial districts’ or departmental service 17 areas’ distribution amounts as prudent. 18 e. Notwithstanding any provision of law to the contrary, 19 a district or juvenile court shall not order a county to pay 20 for any service provided to a juvenile pursuant to an order 21 entered under chapter 232 which is a charge upon the state 22 under section 232.141, subsection 4 . 23 f. Of the funds allocated in this subsection, not more than 24 $83,000 may be used by the judicial branch for administration 25 of the requirements under this subsection. 26 g. Of the funds allocated in this subsection, $17,000 27 shall be used by the department of human services to support 28 the interstate commission for juveniles in accordance with 29 the interstate compact for juveniles as provided in section 30 232.173 . 31 10. Of the funds appropriated in this section, $9,053,226 is 32 allocated for juvenile delinquent graduated sanctions services. 33 Any state funds saved as a result of efforts by juvenile court 34 services to earn federal Tit. IV-E match for juvenile court 35 -49- LSB 1004SB (1) 85 pf/jp 49/ 120
S.F. _____ services administration may be used for the juvenile delinquent 1 graduated sanctions services. 2 11. Of the funds appropriated in this section, $1,933,285 3 shall be transferred to the department of public health to be 4 used for equalization and renewal of the grants under the child 5 protection center grant program in accordance with section 6 135.118 . 7 12. If the department receives federal approval to 8 implement a waiver under Tit. IV-E of the federal Social 9 Security Act to enable providers to serve children who remain 10 in the children’s families and communities, for purposes of 11 eligibility under the medical assistance program, children who 12 participate in the waiver shall be considered to be placed in 13 foster care. 14 13. Of the funds appropriated in this section, $3,092,375 is 15 allocated for the preparation for adult living program pursuant 16 to section 234.46 . 17 14. Of the funds appropriated in this section, $1,000,000 18 shall be used for juvenile drug courts. The amount allocated 19 in this subsection shall be distributed as follows: 20 To the judicial branch for salaries to assist with the 21 operation of juvenile drug court programs operated in the 22 following jurisdictions: 23 a. Marshall county: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,540 25 b. Woodbury county: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 258,804 27 c. Polk county: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 430,843 29 d. The third judicial district: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 111,274 31 e. The eighth judicial district: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,539 33 15. Of the funds appropriated in this section, $227,337 34 shall be used for the public purpose of continuing a grant to 35 -50- LSB 1004SB (1) 85 pf/jp 50/ 120
S.F. _____ a nonprofit human services organization providing services to 1 individuals and families in multiple locations in southwest 2 Iowa and Nebraska for support of a project providing immediate, 3 sensitive support and forensic interviews, medical exams, needs 4 assessments, and referrals for victims of child abuse and their 5 nonoffending family members. 6 16. Of the funds appropriated in this section, $200,590 7 is allocated for the foster care youth council approach of 8 providing a support network to children placed in foster care. 9 17. Of the funds appropriated in this section, $202,000 is 10 allocated for use pursuant to section 235A.1 for continuation 11 of the initiative to address child sexual abuse implemented 12 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 13 21. 14 18. Of the funds appropriated in this section, $630,240 is 15 allocated for the community partnership for child protection 16 sites. 17 19. Of the funds appropriated in this section, $371,250 18 is allocated for the department’s minority youth and family 19 projects under the redesign of the child welfare system. 20 20. Of the funds appropriated in this section, $1,436,595 21 is allocated for funding of the community circle of care 22 collaboration for children and youth in northeast Iowa. 23 21. Of the funds appropriated in this section, at least 24 $147,158 shall be used for the child welfare training academy. 25 22. Of the funds appropriated in this section, $25,000 26 shall be used for the public purpose of continuation of a 27 grant to a child welfare services provider headquartered in a 28 county with a population between 205,000 and 215,000 in the 29 latest certified federal census that provides multiple services 30 including but not limited to a psychiatric medical institution 31 for children, shelter, residential treatment, after school 32 programs, school-based programming, and an Asperger’s syndrome 33 program, to be used for support services for children with 34 autism spectrum disorder and their families. 35 -51- LSB 1004SB (1) 85 pf/jp 51/ 120
S.F. _____ 23. Of the funds appropriated in this section, $25,000 1 shall be used for the public purpose of continuing a grant to 2 a hospital-based provider headquartered in a county with a 3 population between 90,000 and 95,000 in the latest certified 4 federal census that provides multiple services including 5 but not limited to diagnostic, therapeutic, and behavioral 6 services to individuals with autism spectrum disorder across 7 the lifespan. The grant recipient shall utilize the funds 8 to continue the pilot project to determine the necessary 9 support services for children with autism spectrum disorder and 10 their families to be included in the children’s disabilities 11 services system. The grant recipient shall submit findings and 12 recommendations based upon the results of the pilot project 13 to the individuals specified in this division of this Act for 14 submission of reports by December 31, 2013. 15 24. Of the funds appropriated in this section, $327,947 16 shall be used for continuation of the central Iowa system of 17 care program grant through June 30, 2014. 18 25. Of the funds appropriated in this section, $160,000 19 shall be used for the public purpose of the continuation of 20 a system of care grant implemented in Cerro Gordo and Linn 21 counties. 22 26. Of the funds appropriated in this section, at least 23 $25,000 shall be used to continue and to expand the foster 24 care respite pilot program in which postsecondary students in 25 social work and other human services-related programs receive 26 experience by assisting family foster care providers with 27 respite and other support. 28 27. Of the funds appropriated in this section, up to 29 $100,000 shall be used to implement a children’s cabinet under 30 the department of human services, if enacted by 2013 Iowa Acts, 31 Senate File 415 or successor legislation. 32 Sec. 18. ADOPTION SUBSIDY. 33 1. There is appropriated from the general fund of the 34 state to the department of human services for the fiscal year 35 -52- LSB 1004SB (1) 85 pf/jp 52/ 120
S.F. _____ beginning July 1, 2013, and ending June 30, 2014, the following 1 amount, or so much thereof as is necessary, to be used for the 2 purpose designated: 3 For adoption subsidy payments and services: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,729,282 5 2. The department may transfer funds appropriated in 6 this section to the appropriation made in this division of 7 this Act for general administration for costs paid from the 8 appropriation relating to adoption subsidy. 9 3. Federal funds received by the state during the 10 fiscal year beginning July 1, 2013, as the result of the 11 expenditure of state funds during a previous state fiscal 12 year for a service or activity funded under this section are 13 appropriated to the department to be used as additional funding 14 for the services and activities funded under this section. 15 Notwithstanding section 8.33 , moneys received in accordance 16 with this subsection that remain unencumbered or unobligated 17 at the close of the fiscal year shall not revert to any fund 18 but shall remain available for expenditure for the purposes 19 designated until the close of the succeeding fiscal year. 20 Sec. 19. JUVENILE DETENTION HOME FUND. Moneys deposited 21 in the juvenile detention home fund created in section 232.142 22 during the fiscal year beginning July 1, 2013, and ending June 23 30, 2014, are appropriated to the department of human services 24 for the fiscal year beginning July 1, 2013, and ending June 30, 25 2014, for distribution of an amount equal to a percentage of 26 the costs of the establishment, improvement, operation, and 27 maintenance of county or multicounty juvenile detention homes 28 in the fiscal year beginning July 1, 2012. Moneys appropriated 29 for distribution in accordance with this section shall be 30 allocated among eligible detention homes, prorated on the basis 31 of an eligible detention home’s proportion of the costs of all 32 eligible detention homes in the fiscal year beginning July 33 1, 2012. The percentage figure shall be determined by the 34 department based on the amount available for distribution for 35 -53- LSB 1004SB (1) 85 pf/jp 53/ 120
S.F. _____ the fund. Notwithstanding section 232.142, subsection 3 , the 1 financial aid payable by the state under that provision for the 2 fiscal year beginning July 1, 2013, shall be limited to the 3 amount appropriated for the purposes of this section. 4 Sec. 20. FAMILY SUPPORT SUBSIDY PROGRAM. 5 1. There is appropriated from the general fund of the 6 state to the department of human services for the fiscal year 7 beginning July 1, 2013, and ending June 30, 2014, the following 8 amount, or so much thereof as is necessary, to be used for the 9 purpose designated: 10 For the family support subsidy program subject to the 11 enrollment restrictions in section 225C.37, subsection 3 : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,092,955 13 2. The department shall use at least $483,500 of the moneys 14 appropriated in this section for the family support center 15 component of the comprehensive family support program under 16 section 225C.47 . Not more than $25,000 of the amount allocated 17 in this subsection shall be used for administrative costs. 18 3. If at any time during the fiscal year, the amount of 19 funding available for the family support subsidy program 20 is reduced from the amount initially used to establish the 21 figure for the number of family members for whom a subsidy 22 is to be provided at any one time during the fiscal year, 23 notwithstanding section 225C.38, subsection 2 , the department 24 shall revise the figure as necessary to conform to the amount 25 of funding available. 26 Sec. 21. CONNER DECREE. There is appropriated from the 27 general fund of the state to the department of human services 28 for the fiscal year beginning July 1, 2013, and ending June 30, 29 2014, the following amount, or so much thereof as is necessary, 30 to be used for the purpose designated: 31 For building community capacity through the coordination 32 and provision of training opportunities in accordance with the 33 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 34 Iowa, July 14, 1994): 35 -54- LSB 1004SB (1) 85 pf/jp 54/ 120
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,622 1 Sec. 22. MENTAL HEALTH INSTITUTES. There is appropriated 2 from the general fund of the state to the department of human 3 services for the fiscal year beginning July 1, 2013, and ending 4 June 30, 2014, the following amounts, or so much thereof as is 5 necessary, to be used for the purposes designated: 6 1. For the state mental health institute at Cherokee for 7 salaries, support, maintenance, and miscellaneous purposes, and 8 for not more than the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,954,464 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.20 11 2. For the state mental health institute at Clarinda for 12 salaries, support, maintenance, and miscellaneous purposes, and 13 for not more than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,751,868 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 16 3. For the state mental health institute at Independence for 17 salaries, support, maintenance, and miscellaneous purposes, and 18 for not more than the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,318,778 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,366,686 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.32 27 Sec. 23. STATE RESOURCE CENTERS. 28 1. There is appropriated from the general fund of the 29 state to the department of human services for the fiscal year 30 beginning July 1, 2013, and ending June 30, 2014, the following 31 amounts, or so much thereof as is necessary, to be used for the 32 purposes designated: 33 a. For the state resource center at Glenwood for salaries, 34 support, maintenance, and miscellaneous purposes: 35 -55- LSB 1004SB (1) 85 pf/jp 55/ 120
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,502,425 1 b. For the state resource center at Woodward for salaries, 2 support, maintenance, and miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,631,359 4 2. The department may continue to bill for state resource 5 center services utilizing a scope of services approach used for 6 private providers of ICFID services, in a manner which does not 7 shift costs between the medical assistance program, counties, 8 or other sources of funding for the state resource centers. 9 3. The state resource centers may expand the time-limited 10 assessment and respite services during the fiscal year. 11 4. If the department’s administration and the department 12 of management concur with a finding by a state resource 13 center’s superintendent that projected revenues can reasonably 14 be expected to pay the salary and support costs for a new 15 employee position, or that such costs for adding a particular 16 number of new positions for the fiscal year would be less 17 than the overtime costs if new positions would not be added, 18 the superintendent may add the new position or positions. If 19 the vacant positions available to a resource center do not 20 include the position classification desired to be filled, the 21 state resource center’s superintendent may reclassify any 22 vacant position as necessary to fill the desired position. The 23 superintendents of the state resource centers may, by mutual 24 agreement, pool vacant positions and position classifications 25 during the course of the fiscal year in order to assist one 26 another in filling necessary positions. 27 5. If existing capacity limitations are reached in 28 operating units, a waiting list is in effect for a service or 29 a special need for which a payment source or other funding 30 is available for the service or to address the special need, 31 and facilities for the service or to address the special need 32 can be provided within the available payment source or other 33 funding, the superintendent of a state resource center may 34 authorize opening not more than two units or other facilities 35 -56- LSB 1004SB (1) 85 pf/jp 56/ 120
S.F. _____ and begin implementing the service or addressing the special 1 need during fiscal year 2013-2014. 2 Sec. 24. SEXUALLY VIOLENT PREDATORS. 3 1. There is appropriated from the general fund of the 4 state to the department of human services for the fiscal year 5 beginning July 1, 2013, and ending June 30, 2014, the following 6 amount, or so much thereof as is necessary, to be used for the 7 purpose designated: 8 For costs associated with the commitment and treatment of 9 sexually violent predators in the unit located at the state 10 mental health institute at Cherokee, including costs of legal 11 services and other associated costs, including salaries, 12 support, maintenance, and miscellaneous purposes, and for not 13 more than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,142,979 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 115.50 16 2. Unless specifically prohibited by law, if the amount 17 charged provides for recoupment of at least the entire amount 18 of direct and indirect costs, the department of human services 19 may contract with other states to provide care and treatment 20 of persons placed by the other states at the unit for sexually 21 violent predators at Cherokee. The moneys received under 22 such a contract shall be considered to be repayment receipts 23 and used for the purposes of the appropriation made in this 24 section. 25 Sec. 25. FIELD OPERATIONS. There is appropriated from the 26 general fund of the state to the department of human services 27 for the fiscal year beginning July 1, 2013, and ending June 30, 28 2014, the following amount, or so much thereof as is necessary, 29 to be used for the purposes designated: 30 For field operations, including salaries, support, 31 maintenance, and miscellaneous purposes, and for not more than 32 the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,008,683 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,837.00 35 -57- LSB 1004SB (1) 85 pf/jp 57/ 120
S.F. _____ 1. As a condition of this appropriation, the department 1 shall make every possible effort to fill the entire number of 2 positions authorized by this section and, unless specifically 3 provided otherwise by an applicable collective bargaining 4 agreement, the department is not subject to any approval 5 requirement external to the department to fill a field 6 operations vacancy within the number of full-time equivalent 7 positions authorized by this section. The department shall 8 report on the first of each month to the chairpersons and 9 ranking members of the appropriations committees of the senate 10 and house of representatives, and the persons designated by 11 this Act for submission of reports concerning the status of 12 filling the positions. 13 2. Priority in filling full-time equivalent positions 14 shall be given to those positions related to child protection 15 services and eligibility determination for low-income families. 16 Sec. 26. GENERAL ADMINISTRATION. There is appropriated 17 from the general fund of the state to the department of human 18 services for the fiscal year beginning July 1, 2013, and ending 19 June 30, 2014, the following amount, or so much thereof as is 20 necessary, to be used for the purpose designated: 21 For general administration, including salaries, support, 22 maintenance, and miscellaneous purposes, and for not more than 23 the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,231,171 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 309.00 26 1. Of the funds appropriated in this section, $63,543 27 allocated for the prevention of disabilities policy council 28 established in section 225B.3 . Of the amount allocated 29 in this subsection, $25,000 shall be passed through to the 30 council for the costs involved with holding a summit meeting 31 of the multiple entities providing services to persons with 32 disabilities. The focus of the summit meeting shall be to 33 review existing disability prevention activities in order to 34 identify cost effective public policy options for reaching 35 -58- LSB 1004SB (1) 85 pf/jp 58/ 120
S.F. _____ the greatest number of children and adults in order to 1 eliminate the risk of disabilities. The review shall also 2 address options for health care services available to youth 3 transitioning to the adult system of health care. 4 2. The department shall report at least monthly to the 5 legislative services agency concerning the department’s 6 operational and program expenditures. 7 3. Of the funds appropriated in this section, $132,300 shall 8 be used to continue the contract for the provision of a program 9 to provide technical assistance, support, and consultation to 10 providers of habilitation services and home and community-based 11 services waiver services for adults with disabilities under the 12 medical assistance program. 13 4. Of the funds appropriated in this section, $176,400 shall 14 be used to continue the contract to expand the provision of 15 nationally accredited and recognized internet-based training to 16 include mental health and disability services providers. 17 5. Of the funds appropriated in this section, $50,000 18 shall be transferred to the Iowa finance authority to be used 19 for administrative support of the council on homelessness 20 established in section 16.100A and for the council to fulfill 21 its duties in addressing and reducing homelessness in the 22 state. 23 Sec. 27. VOLUNTEERS. There is appropriated from the general 24 fund of the state to the department of human services for the 25 fiscal year beginning July 1, 2013, and ending June 30, 2014, 26 the following amount, or so much thereof as is necessary, to be 27 used for the purpose designated: 28 For development and coordination of volunteer services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,660 30 Sec. 28. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 31 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 32 DEPARTMENT OF HUMAN SERVICES. 33 1. a. (1) For the fiscal year beginning July 1, 2013, 34 the total state funding amount for the nursing facility budget 35 -59- LSB 1004SB (1) 85 pf/jp 59/ 120
S.F. _____ shall not exceed $267,712,511. 1 (2) For the fiscal year beginning July 1, 2013, the 2 department shall rebase case-mix nursing facility rates 3 effective July 1, 2013. However, total nursing facility budget 4 expenditures, including both case-mix and noncase-mix shall 5 not exceed the amount specified in subparagraph (1). When 6 calculating case-mix per diem cost and the patient-day-weighted 7 medians used in rate-setting for nursing facilities effective 8 July 1, 2013, the inflation factor applied from the midpoint 9 of the cost report period to the first day of the state fiscal 10 year rate period shall be adjusted to maintain state funding 11 within the amount specified in subparagraph (1). 12 (3) The department, in cooperation with nursing facility 13 representatives, shall review projections for state funding 14 expenditures for reimbursement of nursing facilities on a 15 quarterly basis and the department shall determine if an 16 adjustment to the medical assistance reimbursement rate is 17 necessary in order to provide reimbursement within the state 18 funding amount for the fiscal year. Notwithstanding 2001 19 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 20 “c”, and subsection 3, paragraph “a”, subparagraph (2), 21 if the state funding expenditures for the nursing facility 22 budget for the fiscal year is projected to exceed the amount 23 specified in subparagraph (1), the department shall adjust 24 the reimbursement for nursing facilities reimbursed under the 25 case-mix reimbursement system to maintain expenditures of the 26 nursing facility budget within the specified amount for the 27 fiscal year. 28 (4) For the fiscal year beginning July 1, 2013, special 29 population nursing facilities shall be reimbursed in accordance 30 with the methodology in effect on June 30, 2013. 31 b. (1) For the fiscal year beginning July 1, 2013, 32 the department shall establish the pharmacy dispensing fee 33 reimbursement at $10.02 per prescription. Any subsequent 34 actual dispensing fee shall be established within the range 35 -60- LSB 1004SB (1) 85 pf/jp 60/ 120
S.F. _____ determined by a cost of dispensing survey performed by 1 the department and required to be completed by all medical 2 assistance program participating pharmacies every two years 3 beginning in FY 2014-2015. 4 (2) The department shall continue to implement an average 5 acquisition cost reimbursement methodology for pharmacy 6 ingredient cost reimbursement of all drugs covered under the 7 medical assistance program in accordance with 2012 Iowa Acts, 8 chapter 1133, section 33. 9 c. (1) For the fiscal year beginning July 1, 2013, 10 reimbursement rates for outpatient hospital services shall be 11 increased 1.5 percent over the rates in effect on June 30, 12 2013. 13 (2) For the fiscal year beginning July 1, 2013, 14 reimbursement rates for inpatient hospital services shall by 15 increased by 1.5 percent over the rates in effect on June 30, 16 2013. 17 (3) For the fiscal year beginning July 1, 2013, the graduate 18 medical education and disproportionate share hospital fund 19 shall remain at the amount in effect on June 30, 2013, except 20 that the portion of the fund attributable to graduate medical 21 education shall be reduced in an amount that reflects the 22 elimination of graduate medical education payments made to 23 out-of-state hospitals. 24 (4) In order to ensure the efficient use of limited state 25 funds in procuring health care services for low-income Iowans, 26 funds appropriated in this Act for hospital services shall 27 not be used for activities which would be excluded from a 28 determination of reasonable costs under the federal Medicare 29 program pursuant to 42 U.S.C. § 1395X(v)(1)(N). 30 d. For the fiscal year beginning July 1, 2013, reimbursement 31 rates for rural health clinics, hospices, and acute mental 32 hospitals shall be increased in accordance with increases under 33 the federal Medicare program or as supported by their Medicare 34 audited costs. 35 -61- LSB 1004SB (1) 85 pf/jp 61/ 120
S.F. _____ e. For the fiscal year beginning July 1, 2013, independent 1 laboratories and rehabilitation agencies shall be reimbursed 2 using the same methodology in effect on June 30, 2013. 3 f. For the fiscal year beginning July 1, 2013, rates for 4 home health services shall be reimbursed based on the Medicare 5 low utilization payment amount (LUPA) methodology with state 6 geographic wage adjustments. The Medicare LUPA per-visit 7 rates in effect on July 1, 2013, shall be utilized as the 8 basis for establishing the initial reimbursement schedule. 9 The department shall update the rates every two years to 10 reflect the most recent Medicare LUPA rates. For the fiscal 11 year beginning July 1, 2013, the department shall adjust the 12 reimbursement rate as calculated under this paragraph to 13 distribute an additional $2,765,655 over the rates in effect on 14 June 30, 2013, in state reimbursement for home health services 15 with the exception of early and periodic screening, diagnostic 16 and treatment program private duty nursing and personal care 17 services. 18 g. For the fiscal year beginning July 1, 2013, federally 19 qualified health centers shall receive cost-based reimbursement 20 for 100 percent of the reasonable costs for the provision of 21 services to recipients of medical assistance. 22 h. For the fiscal year beginning July 1, 2013, the 23 reimbursement rates for dental services shall be increased by 24 1.5 percent over the rates in effect on June 30, 2013. 25 i. (1) For the fiscal year beginning July 1, 2013, 26 state-owned psychiatric medical institutions for children shall 27 receive cost-based reimbursement for 100 percent of the actual 28 and allowable costs for the provision of services to recipients 29 of medical assistance. 30 (2) For the nonstate-owned psychiatric medical institutions 31 for children, reimbursement rates shall be based on the 32 reimbursement methodology developed by the department as 33 required for federal compliance. 34 (3) As a condition of participation in the medical 35 -62- LSB 1004SB (1) 85 pf/jp 62/ 120
S.F. _____ assistance program, enrolled providers shall accept the medical 1 assistance reimbursement rate for any covered goods or services 2 provided to recipients of medical assistance who are children 3 under the custody of a psychiatric medical institution for 4 children. 5 j. For the fiscal year beginning July 1, 2013, unless 6 otherwise specified in this Act, all noninstitutional medical 7 assistance provider reimbursement rates shall be increased by 8 1.5 percent over the rates in effect on June 30, 2013, except 9 for area education agencies, local education agencies, infant 10 and toddler services providers, and those providers whose rates 11 are required to be determined pursuant to section 249A.20 . 12 k. Notwithstanding any provision to the contrary, for the 13 fiscal year beginning July 1, 2013, the reimbursement rate for 14 anesthesiologists shall be increased by 1.5 percent over the 15 rate in effect on June 30, 2013. 16 l. Notwithstanding section 249A.20 , for the fiscal year 17 beginning July 1, 2013, the average reimbursement rate for 18 health care providers eligible for use of the federal Medicare 19 resource-based relative value scale reimbursement methodology 20 under that section shall be increased by 1.5 percent over the 21 rate in effect on June 30, 2013; however, this rate shall not 22 exceed the maximum level authorized by the federal government. 23 m. For the fiscal year beginning July 1, 2013, the 24 reimbursement rate for residential care facilities shall not 25 be less than the minimum payment level as established by the 26 federal government to meet the federally mandated maintenance 27 of effort requirement. The flat reimbursement rate for 28 facilities electing not to file annual cost reports shall not 29 be less than the minimum payment level as established by the 30 federal government to meet the federally mandated maintenance 31 of effort requirement. 32 n. For the fiscal year beginning July 1, 2013, inpatient 33 mental health services provided at hospitals shall be increased 34 by 1.5 percent over the rates in effect on June 30, 2013, 35 -63- LSB 1004SB (1) 85 pf/jp 63/ 120
S.F. _____ subject to Medicaid program upper payment limit rules; 1 community mental health centers and providers of mental health 2 services to county residents pursuant to a waiver approved 3 under section 225C.7, subsection 3 , shall be reimbursed at 100 4 percent of the reasonable costs for the provision of services 5 to recipients of medical assistance; and psychiatrists shall be 6 reimbursed at the medical assistance program fee-for-service 7 rate. 8 o. For the fiscal year beginning July 1, 2013, the 9 reimbursement rate for consumer-directed attendant care shall 10 be increased by 1.5 percent over the rates in effect on June 11 30, 2013. 12 p. For the fiscal year beginning July 1, 2013, the 13 reimbursement rate for providers of family planning services 14 that are eligible to receive a 90 percent federal match shall 15 be increased by 1.5 percent over the rates in effect on June 16 30, 2013. 17 q. For the fiscal year beginning July 1, 2013, the upper 18 limits on reimbursement rates for providers of home and 19 community-based services waiver services shall be the limits 20 in effect on June 30, 2013, pursuant to 441 IAC 79.1(2) based 21 on federal Medicare rates, federal veterans administration 22 rates, or the dollar amount specified in the rule, increased 23 by 3 percent. 24 2. For the fiscal year beginning July 1, 2013, the 25 reimbursement rate for providers reimbursed under the 26 in-home-related care program shall not be less than the minimum 27 payment level as established by the federal government to meet 28 the federally mandated maintenance of effort requirement. 29 3. Unless otherwise directed in this section, when the 30 department’s reimbursement methodology for any provider 31 reimbursed in accordance with this section includes an 32 inflation factor, this factor shall not exceed the amount 33 by which the consumer price index for all urban consumers 34 increased during the calendar year ending December 31, 2002. 35 -64- LSB 1004SB (1) 85 pf/jp 64/ 120
S.F. _____ 4. a. For the fiscal year beginning July 1, 2013, 1 notwithstanding section 234.38 , the foster family basic daily 2 maintenance rate and the maximum adoption subsidy rate for 3 children ages 0 through 5 years shall be $16.78, the rate for 4 children ages 6 through 11 years shall be $17.45, the rate for 5 children ages 12 through 15 years shall be $19.10, and the 6 rate for children and young adults ages 16 and older shall be 7 $19.35. For youth ages 18 to 21 who have exited foster care, 8 the maximum preparation for adult living program maintenance 9 rate shall be $602.70 per month. The maximum payment for 10 adoption subsidy nonrecurring expenses shall be limited to $500 11 and the disallowance of additional amounts for court costs and 12 other related legal expenses implemented pursuant to 2010 Iowa 13 Acts, chapter 1031, section 408 shall be continued. 14 b. For the fiscal year beginning July 1, 2013, the 15 reimbursement rates for the resource family recruitment and 16 retention contractor shall be increased by 5 percent over the 17 rate in effect on June 30, 2013. 18 c. (1) For the fiscal year beginning July 1, 2013, the 19 reimbursement rates for child welfare services providers shall 20 be increased by 5 percent over the rates in effect on June 21 30, 2013, and the maximum reimbursement rate for group foster 22 care providers, including service and maintenance costs, shall 23 be rebased to be equal to the maximum rate allowed for each 24 service level as of June 30, 2013, and the rebased rate shall 25 be increased by 5 percent. 26 (2) For purposes of this lettered paragraph, “child welfare 27 services providers” means the resource family recruitment and 28 retention contractors, the family safety, risk, and permanency 29 services (family-centered) contractors, the child welfare 30 emergency services contractors, and supervised apartment living 31 foster care providers. The reimbursement rates for child 32 welfare services providers and group foster care providers in 33 succeeding fiscal years, including base rates and incentive 34 payments, shall incorporate an inflation factor. The inflation 35 -65- LSB 1004SB (1) 85 pf/jp 65/ 120
S.F. _____ factor shall be equal to the percentage amount by which the 1 annual average consumer price index for all urban consumers, 2 United States city average, issued by the United States 3 department of labor, bureau of labor statistics, increased 4 during the average of the three preceding calendar years ending 5 December 31. 6 d. For the fiscal year beginning July 1, 2013, the maximum 7 reimbursement rates under the supervised apartment living 8 program other than foster care-related, and for social services 9 providers under contract shall be increased by 5 percent over 10 the rates in effect on June 30, 2013, or the provider’s actual 11 and allowable cost plus inflation for each service, whichever 12 is less. However, if a new service or service provider is 13 added after June 30, 2013, the initial reimbursement rate for 14 the service or provider shall be based upon a weighted average 15 of provider rates for similar services. 16 e. The group foster care reimbursement rates paid for 17 placement of children out of state shall be calculated 18 according to the same rate-setting principles as those used for 19 in-state providers, unless the director of human services or 20 the director’s designee determines that appropriate care cannot 21 be provided within the state. The payment of the daily rate 22 shall be based on the number of days in the calendar month in 23 which service is provided. 24 5. a. For the fiscal year beginning July 1, 2013, the 25 reimbursement rate paid for shelter care and the child welfare 26 emergency services implemented to provide or prevent the need 27 for shelter care shall be established by contract. 28 b. For the fiscal year beginning July 1, 2013, the combined 29 service and maintenance components of the reimbursement rate 30 paid for shelter care services shall be based on the financial 31 and statistical report submitted to the department. The 32 maximum reimbursement rate shall be $96.98 per day. The 33 department shall reimburse a shelter care provider at the 34 provider’s actual and allowable unit cost, plus inflation, not 35 -66- LSB 1004SB (1) 85 pf/jp 66/ 120
S.F. _____ to exceed the maximum reimbursement rate. 1 c. Notwithstanding section 232.141, subsection 8 , for the 2 fiscal year beginning July 1, 2013, the amount of the statewide 3 average of the actual and allowable rates for reimbursement of 4 juvenile shelter care homes that is utilized for the limitation 5 on recovery of unpaid costs shall be increased by $4.62 over 6 the amount in effect for this purpose in the preceding fiscal 7 year. 8 6. For the fiscal year beginning July 1, 2013, the 9 department shall calculate reimbursement rates for intermediate 10 care facilities for persons with intellectual disabilities 11 at the 80th percentile. Beginning July 1, 2013, the rate 12 calculation methodology shall utilize the consumer price index 13 inflation factor applicable to the fiscal year beginning July 14 1, 2013. 15 7. For the fiscal year beginning July 1, 2013, for child 16 care providers reimbursed under the state child care assistance 17 program, the department shall set provider reimbursement 18 rates based on the rate reimbursement survey completed 19 in December 2006. Effective July 1, 2013, the child care 20 provider reimbursement rates shall be increased by 5 percent 21 over the rates in effect on June 30, 2013. The department 22 shall set rates in a manner so as to provide incentives for a 23 nonregistered provider to become registered by applying the 24 increase only to registered and licensed providers. 25 8. Any increase specified in a provider’s reimbursement 26 rate in accordance with this section shall be used to increase 27 compensation and costs of employment, including benefits, for 28 nonadministrative staff. 29 9. The department may adopt emergency rules to implement 30 this section. 31 Sec. 29. EMERGENCY RULES. 32 1. If specifically authorized by a provision of this 33 division of this Act for the fiscal year beginning July 1, 34 2013, the department of human services or the mental health, 35 -67- LSB 1004SB (1) 85 pf/jp 67/ 120
S.F. _____ and disability services commission may adopt administrative 1 rules under section 17A.4, subsection 3 , and section 17A.5, 2 subsection 2 , paragraph “b”, to implement the provisions and 3 the rules shall become effective immediately upon filing or 4 on a later effective date specified in the rules, unless the 5 effective date is delayed by the administrative rules review 6 committee. Any rules adopted in accordance with this section 7 shall not take effect before the rules are reviewed by the 8 administrative rules review committee. The delay authority 9 provided to the administrative rules review committee under 10 section 17A.4, subsection 7 , and section 17A.8, subsection 9 , 11 shall be applicable to a delay imposed under this section, 12 notwithstanding a provision in those sections making them 13 inapplicable to section 17A.5, subsection 2 , paragraph “b”. 14 Any rules adopted in accordance with the provisions of this 15 section shall also be published as notice of intended action 16 as provided in section 17A.4 . 17 2. If during the fiscal year beginning July 1, 2013, the 18 department of human services is adopting rules in accordance 19 with this section or as otherwise directed or authorized by 20 state law, and the rules will result in an expenditure increase 21 beyond the amount anticipated in the budget process or if the 22 expenditure was not addressed in the budget process for the 23 fiscal year, the department shall notify the persons designated 24 by this division of this Act for submission of reports, 25 the chairpersons and ranking members of the committees on 26 appropriations, and the department of management concerning the 27 rules and the expenditure increase. The notification shall be 28 provided at least 30 calendar days prior to the date notice of 29 the rules is submitted to the administrative rules coordinator 30 and the administrative code editor. 31 Sec. 30. REPORTS. Any reports or other information 32 required to be compiled and submitted under this Act during the 33 fiscal year beginning July 1, 2013, shall be submitted to the 34 chairpersons and ranking members of the joint appropriations 35 -68- LSB 1004SB (1) 85 pf/jp 68/ 120
S.F. _____ subcommittee on health and human services, the legislative 1 services agency, and the legislative caucus staffs on or 2 before the dates specified for submission of the reports or 3 information. 4 DIVISION VI 5 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2013-2014 6 Sec. 31. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 7 appropriated from the pharmaceutical settlement account created 8 in section 249A.33 to the department of human services for the 9 fiscal year beginning July 1, 2013, and ending June 30, 2014, 10 the following amount, or so much thereof as is necessary, to be 11 used for the purpose designated: 12 Notwithstanding any provision of law to the contrary, to 13 supplement the appropriations made in this Act for medical 14 contracts under the medical assistance program for the fiscal 15 year beginning July 1, 2013, and ending June 30, 2014: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,650,000 17 Sec. 32. APPROPRIATIONS FROM IOWACARE ACCOUNT. 18 1. There is appropriated from the IowaCare account 19 created in section 249J.24 to the state board of regents for 20 distribution to the university of Iowa hospitals and clinics 21 for the fiscal year beginning July 1, 2013, and ending June 30, 22 2014, for the program period beginning July 1, 2013, and ending 23 December 31, 2013, the following amount, or so much thereof as 24 is necessary, to be used for the purposes designated: 25 For salaries, support, maintenance, equipment, and 26 miscellaneous purposes, for the provision of medical and 27 surgical treatment of indigent patients, for provision of 28 services to members of the expansion population pursuant to 29 chapter 249J , and for medical education: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,642,292 31 a. Funds appropriated in this subsection shall be used 32 in accordance with 2011 Iowa Acts, chapter 129, section 35, 33 subsection 1, paragraph “a”. 34 b. Notwithstanding any provision of law to the contrary, 35 -69- LSB 1004SB (1) 85 pf/jp 69/ 120
S.F. _____ the amount appropriated in this subsection shall be distributed 1 based on claims submitted, adjudicated, and paid by the Iowa 2 Medicaid enterprise. 3 c. The university of Iowa hospitals and clinics shall 4 certify public expenditures in an amount equal to provide 5 the nonfederal share on total expenditures not to exceed 6 $10,000,000. 7 2. There is appropriated from the IowaCare account 8 created in section 249J.24 to the state board of regents for 9 distribution to the university of Iowa hospitals and clinics 10 for the fiscal year beginning July 1, 2013, and ending June 30, 11 2014, for the program period beginning July 1, 2013, and ending 12 December 31, 2013, the following amount, or so much thereof as 13 is necessary, to be used for the purposes designated: 14 For salaries, support, maintenance, equipment, and 15 miscellaneous purposes, for the provision of medical and 16 surgical treatment of indigent patients, for provision of 17 services to members of the expansion population pursuant to 18 chapter 249J , and for medical education: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,284,600 20 Notwithstanding any provision of law to the contrary, the 21 amount appropriated in this subsection shall be distributed 22 based on claims submitted, adjudicated, and paid by the Iowa 23 Medicaid enterprise. 24 3. There is appropriated from the IowaCare account 25 created in section 249J.24 , to the state board of regents for 26 distribution to university of Iowa physicians for the fiscal 27 year beginning July 1, 2013, and ending June 30, 2014, for the 28 program period beginning July 1, 2013, and ending December 31, 29 2013, the following amount, or so much thereof as is necessary 30 to be used for the purposes designated: 31 For salaries, support, maintenance, equipment, and 32 miscellaneous purposes for the provision of medical and 33 surgical treatment of indigent patients, for provision of 34 services to members of the expansion population pursuant to 35 -70- LSB 1004SB (1) 85 pf/jp 70/ 120
S.F. _____ chapter 249J , and for medical education: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,903,183 2 Notwithstanding any provision of law to the contrary, the 3 amount appropriated in this subsection shall be distributed 4 based on claims submitted, adjudicated, and paid by the Iowa 5 Medicaid enterprise. Once the entire amount appropriated in 6 this subsection has been distributed, claims shall continue to 7 be submitted and adjudicated by the Iowa Medicaid enterprise; 8 however, no payment shall be made based upon such claims. 9 4. There is appropriated from the IowaCare account created 10 in section 249J.24 to the department of human services for 11 the fiscal year beginning July 1, 2013, and ending June 30, 12 2014, for the program period beginning July 1, 2013, and ending 13 December 31, 2013, the following amount, or so much thereof as 14 is necessary, to be used for the purposes designated: 15 For distribution to a publicly owned acute care teaching 16 hospital located in a county with a population over 350,000 for 17 the provision of medical and surgical treatment of indigent 18 patients, for provision of services to members of the expansion 19 population pursuant to chapter 249J , and for medical education: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,750,000 21 a. Notwithstanding any provision of law to the contrary, 22 the amount appropriated in this subsection shall be distributed 23 based on claims submitted, adjudicated, and paid by the Iowa 24 Medicaid enterprise plus a monthly disproportionate share 25 hospital payment. Any amount appropriated in this subsection 26 in excess of $32,000,000 shall be distributed only if the sum 27 of the expansion population claims adjudicated and paid by the 28 Iowa Medicaid enterprise plus the estimated disproportionate 29 share hospital payments exceeds $32,000,000. The amount paid 30 in excess of $32,000,000 shall not adjust the original monthly 31 payment amount but shall be distributed monthly based on actual 32 claims adjudicated and paid by the Iowa Medicaid enterprise 33 plus the estimated disproportionate share hospital amount. Any 34 amount appropriated in this subsection in excess of $32,000,000 35 -71- LSB 1004SB (1) 85 pf/jp 71/ 120
S.F. _____ shall be allocated only if federal funds are available to match 1 the amount allocated. Pursuant to paragraph “b”, of the amount 2 appropriated in this subsection, not more than $2,000,000 shall 3 be distributed for prescription drugs, podiatry services, 4 optometric services, and durable medical equipment. 5 b. Notwithstanding any provision of law to the contrary, the 6 hospital identified in this subsection, shall be reimbursed for 7 outpatient prescription drugs, podiatry services, optometric 8 services, and durable medical equipment provided to members 9 of the expansion population pursuant to all applicable 10 medical assistance program rules, in an amount not to exceed 11 $2,000,000. 12 c. Notwithstanding the total amount of proceeds distributed 13 pursuant to section 249J.24, subsection 4 , paragraph “a”, 14 unnumbered paragraph 1, for the fiscal year beginning July 15 1, 2013, and ending June 30, 2014, the county treasurer of a 16 county with a population of over 350,000 in which a publicly 17 owned acute care teaching hospital is located shall distribute 18 the proceeds collected pursuant to section 347.7 between 19 July 1, 2013, and December 31, 2013, in a total amount of 20 $19,000,000, which would otherwise be distributed to the county 21 hospital, to the treasurer of state for deposit in the IowaCare 22 account. 23 d. Notwithstanding the amount collected and distributed 24 for deposit in the IowaCare account pursuant to section 25 249J.24, subsection 4 , paragraph “a”, subparagraph (1), the 26 first $19,000,000 in proceeds collected pursuant to section 27 347.7 between July 1, 2013, and December 31, 2013, shall be 28 distributed to the treasurer of state for deposit in the 29 IowaCare account and collections during this time period in 30 excess of $19,000,000 shall be distributed to the acute care 31 teaching hospital identified in this subsection. Of the 32 collections in excess of the $19,000,000 received by the acute 33 care teaching hospital under this paragraph “d”, $2,000,000 34 shall be distributed by the acute care teaching hospital to the 35 -72- LSB 1004SB (1) 85 pf/jp 72/ 120
S.F. _____ treasurer of state for deposit in the IowaCare account in the 1 month of January 2014, following the July 1 through December 2 31, 2013, period. 3 5. There is appropriated from the IowaCare account created 4 in section 249J.24 to the department of human services for 5 the fiscal year beginning July 1, 2013, and ending June 30, 6 2014, for the program period beginning July 1, 2013, and ending 7 December 31, 2013, the following amount, or so much thereof as 8 is necessary to be used for the purpose designated: 9 For payment to the regional provider network specified 10 by the department pursuant to section 249J.7 for provision 11 of covered services to members of the expansion population 12 pursuant to chapter 249J : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,993,183 14 Notwithstanding any provision of law to the contrary, the 15 amount appropriated in this subsection shall be distributed 16 based on claims submitted, adjudicated, and paid by the Iowa 17 Medicaid enterprise. Once the entire amount appropriated in 18 this subsection has been distributed, claims shall continue to 19 be submitted and adjudicated by the Iowa Medicaid enterprise; 20 however, no payment shall be made based upon such claims. 21 6. There is appropriated from the IowaCare account created 22 in section 249J.24 to the department of human services for 23 the fiscal year beginning July 1, 2013, and ending June 30, 24 2014, for the program period beginning July 1, 2013, and ending 25 December 31, 2013, the following amount or so much thereof as 26 is necessary to be used for the purposes designated: 27 For a laboratory test and radiology pool for services 28 authorized by a federally qualified health center designated 29 by the department as part of the IowaCare regional provider 30 network that does not have the capability to provide these 31 services on site: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 33 Notwithstanding sections 249J.6 and 249J.7 , the amount 34 appropriated in this subsection is intended to provide 35 -73- LSB 1004SB (1) 85 pf/jp 73/ 120
S.F. _____ reimbursement for services provided to expansion population 1 members that have previously been paid for through expenditure 2 by designated regional provider network providers of their 3 own funds, not to expand coverage under the IowaCare program 4 or to expand the expansion population provider network. The 5 department shall designate the laboratory and radiology 6 provider associated with each designated regional provider 7 network provider that may receive reimbursement. The 8 department shall adopt administrative rules pursuant to chapter 9 17A to establish a prior authorization process and to identify 10 covered services for reimbursement under this subsection. 11 All other medical assistance program payment policies and 12 rules for laboratory and radiology services shall apply to 13 services provided under this subsection. If the entire amount 14 appropriated under this subsection is expended, laboratory 15 tests and radiology services ordered by a designated regional 16 provider network provider shall be the financial responsibility 17 of the regional provider network provider. 18 Sec. 33. APPROPRIATIONS FROM NONPARTICIPATING 19 PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN 20 SERVICES. Notwithstanding any provision to the contrary, and 21 subject to the availability of funds, there is appropriated 22 from the nonparticipating provider reimbursement fund created 23 in section 249J.24A to the department of human services for 24 the fiscal year beginning July 1, 2013, and ending June 30, 25 2014, for the program period beginning July 1, 2013, and ending 26 December 31, 2013, the following amount or so much thereof as 27 is necessary for the purposes designated: 28 To reimburse nonparticipating providers in accordance with 29 section 249J.24A : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 31 Sec. 34. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 32 SERVICES. Notwithstanding any provision to the contrary and 33 subject to the availability of funds, there is appropriated 34 from the quality assurance trust fund created in section 35 -74- LSB 1004SB (1) 85 pf/jp 74/ 120
S.F. _____ 249L.4 to the department of human services for the fiscal year 1 beginning July 1, 2013, and ending June 30, 2014, the following 2 amounts, or so much thereof as is necessary for the purposes 3 designated: 4 To supplement the appropriation made in this Act from the 5 general fund of the state to the department of human services 6 for medical assistance for the same fiscal year: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,788,917 8 Sec. 35. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 9 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 10 the contrary and subject to the availability of funds, there is 11 appropriated from the hospital health care access trust fund 12 created in section 249M.4 to the department of human services 13 for the fiscal year beginning July 1, 2013, and ending June 14 30, 2014, the following amounts, or so much thereof as is 15 necessary, for the purposes designated: 16 1. To supplement the appropriation made in this Act from the 17 general fund of the state to the department of human services 18 for medical assistance for the same fiscal year: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,288,000 20 2. For deposit in the nonparticipating provider 21 reimbursement fund created in section 249J.24A to be used for 22 the purposes of the fund: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,000 24 Sec. 36. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 25 FOR FY 2013-2014. Notwithstanding section 8.33 , if moneys 26 appropriated for purposes of the medical assistance program for 27 the fiscal year beginning July 1, 2013, and ending June 30, 28 2014, from the general fund of the state, the quality assurance 29 trust fund, and the hospital health care access trust fund, are 30 in excess of actual expenditures for the medical assistance 31 program and remain unencumbered or unobligated at the close 32 of the fiscal year, the excess moneys shall not revert but 33 shall remain available for expenditure for the purposes of the 34 medical assistance program until the close of the succeeding 35 -75- LSB 1004SB (1) 85 pf/jp 75/ 120
S.F. _____ fiscal year. 1 DIVISION VII 2 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 3 CONTINGENCY FUND —— FY 2013-2014 4 Sec. 37. CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD 5 ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE OF FUNDS —— 6 FY 2013-2014. 7 1. Any funds remaining on June 30, 2013, from moneys 8 received from the federal government through the child 9 enrollment contingency fund established pursuant to section 10 103 of the federal Children’s Health Insurance Program 11 Reauthorization Act of 2009, Pub. L. No. 111-3, are transferred 12 to the rebuild Iowa infrastructure fund established pursuant 13 to section 8.57 and are appropriated to the department of 14 administrative services for the fiscal year beginning July 1, 15 2013, and ending June 30, 2014, to be used for projects related 16 to major repairs and major maintenance for state buildings and 17 facilities. The department of human services shall work with 18 the department of administrative services in drawing down the 19 federal funds. 20 DIVISION VIII 21 PRIOR YEAR APPROPRIATIONS 22 RESPITE 23 Sec. 38. 2011 Iowa Acts, chapter 129, section 128, as 24 amended by 2012 Iowa Acts chapter 1133, section 22, subsection 25 26, is amended to read as follows: 26 26. Of the funds appropriated in this section, at least 27 $25,000 shall be used to continue and to expand the foster 28 care respite pilot program in which postsecondary students in 29 social work and other human services-related programs receive 30 experience by assisting family foster care providers with 31 respite and other support. Notwithstanding section 8.33, 32 moneys allocated in this subsection that remain unencumbered or 33 unobligated at the close of the fiscal year shall not revert 34 but shall remain available for expenditure for the purposes 35 -76- LSB 1004SB (1) 85 pf/jp 76/ 120
S.F. _____ designated until the close of the succeeding fiscal year. 1 MEDICAL ASSISTANCE —— GENERAL FUND 2 Sec. 39. 2011 Iowa Acts, chapter 129, section 122, 3 unnumbered paragraph 2, is amended to read as follows: 4 For medical assistance program reimbursement and associated 5 costs as specifically provided in the reimbursement 6 methodologies in effect on June 30, 2012, except as otherwise 7 expressly authorized by law, and consistent with options under 8 federal law and regulations: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 914,993,421 10 968,276,514 11 MEDICAL ASSISTANCE —— IOWACARE TRANSFER ALLOCATION 12 Sec. 40. 2011 Iowa Acts, chapter 129, section 122, 13 subsection 13, as amended by 2012 Iowa Acts, chapter 1133, 14 section 10, is amended to read as follows: 15 13. Of the funds appropriated in this section, up to 16 $8,684,329 $16,004,422 may be transferred to the IowaCare 17 account created in section 249J.24 . 18 ADOPTION SUBSIDY —— GENERAL FUND 19 Sec. 41. 2011 Iowa Acts, chapter 129, section 129, as 20 amended by 2012 Iowa Acts, chapter 1133, section 23, subsection 21 1, is amended to read as follows: 22 1. There is appropriated from the general fund of the 23 state to the department of human services for the fiscal year 24 beginning July 1, 2012, and ending June 30, 2013, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purpose designated: 27 For adoption subsidy payments and services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,788,576 29 37,780,672 30 NURSING FACILITY REIMBURSEMENT 31 Sec. 42. 2011 Iowa Acts, chapter 129, section 141, 32 subsection 1, paragraph a, subparagraph (1), as amended by 33 2012 Iowa Acts, chapter 1133, section 32, is amended to read 34 as follows: 35 -77- LSB 1004SB (1) 85 pf/jp 77/ 120
S.F. _____ (1) For the fiscal year beginning July 1, 2012, the total 1 state funding amount for the nursing facility budget shall not 2 exceed $237,226,901 $239,226,901 . 3 Sec. 43. EFFECTIVE UPON ENACTMENT. This division of this 4 Act, being deemed of immediate importance, takes effect upon 5 enactment. 6 DIVISION IX 7 CHILD WELFARE AND CHILD CARE 8 Sec. 44. Section 232.142, subsection 5, Code 2013, is 9 amended to read as follows: 10 5. The director shall approve annually all such homes 11 established and maintained under the provisions of this 12 chapter . A home shall not be approved unless it complies with 13 minimal rules and standards adopted by the director and has 14 been inspected by the department of inspections and appeals. 15 The statewide number of beds in the homes approved by the 16 director shall not exceed the number of beds in approved homes 17 as of July 1, 2012. 18 Sec. 45. Section 237A.13, subsection 7, paragraph c, Code 19 2013, is amended to read as follows: 20 c. Families with an income of more than one hundred percent 21 but not more than one hundred forty-five forty-eight percent of 22 the federal poverty level whose members are employed at least 23 twenty-eight hours per week. 24 Sec. 46. Section 237A.13, subsection 8, Code 2013, is 25 amended to read as follows: 26 8. Nothing in this section shall be construed as or is 27 intended as, or shall imply, a grant of entitlement for 28 services to persons who are eligible for assistance due to 29 an income level or other eligibility circumstance addressed 30 in this section . Any state obligation to provide services 31 pursuant to this section is limited to the extent of the funds 32 appropriated for the purposes of state child care assistance. 33 The standard period for redetermining the eligibility of a 34 program participant is twelve months after the date of the 35 -78- LSB 1004SB (1) 85 pf/jp 78/ 120
S.F. _____ initial determination of eligibility and every twelve months 1 thereafter. 2 DIVISION X 3 AGING 4 Sec. 47. Section 231.33, subsection 21, Code 2013, if 5 enacted by 2013 Iowa Acts, Senate File 184, section 22, is 6 amended to read as follows: 7 21. Comply with all applicable requirements of the Iowa 8 public employees’ retirement system established pursuant to 9 chapter 97B. Notwithstanding any provision to the contrary, 10 an employee of an area agency on aging that was enrolled in 11 an alternative qualified plan prior to July 1, 2012, may 12 continue participation in that alternative qualified plan in 13 lieu of mandatory participation in the Iowa public employees’ 14 retirement system. 15 Sec. 48. Section 231.42, subsection 7, paragraph a, Code 16 2013, is amended to read as follows: 17 a. An officer, owner, director, or employee of a long-term 18 care facility, assisted living program, or elder group home who 19 intentionally prevents, interferes with, or attempts to impede 20 the work of the state or a local long-term care resident’s 21 advocate is subject to a penalty imposed by the director of not 22 more than one thousand five hundred dollars for each violation. 23 If the director imposes a penalty for a violation under this 24 paragraph, no other state agency shall impose a penalty for the 25 same interference violation. Any moneys collected pursuant 26 to this subsection shall be deposited in the general fund of 27 the state and are appropriated to the office of long-term care 28 ombudsman to be used for administration and the duties of the 29 office . 30 Sec. 49. REPEAL. Section 231E.13, Code 2013, is repealed. 31 Sec. 50. TASK FORCE ON ELDER ABUSE PREVENTION AND 32 INTERVENTION. 33 1. The department on aging shall convene a task force 34 on elder abuse prevention and intervention to continue the 35 -79- LSB 1004SB (1) 85 pf/jp 79/ 120
S.F. _____ work of the elder abuse task force established pursuant to 1 2012 Iowa Acts, chapter 1056. The task force shall include 2 representatives of the department on aging, the office of 3 long-term care resident’s advocate, the department of human 4 services, the department of inspections and appeals, the 5 department of public health, the office of the attorney 6 general, the department of veterans affairs, the department 7 of public safety, the insurance division of the department 8 of commerce, a county attorney’s office with experience 9 in prosecuting elder abuse, the superintendent of banking, 10 the courts, the elder law section of the Iowa state bar 11 association, and other affected stakeholders. The task force 12 shall form workgroups as necessary to address the specific 13 recommendations. 14 2. The task force shall review the report of the elder 15 abuse task force submitted in December 2012, develop an 16 implementation plan for the recommendations, and make any 17 additional recommendations as necessary. The implementation 18 plan and additional recommendations shall address all of the 19 following: 20 a. The design of the comprehensive approach to elder 21 abuse prevention and intervention in the state utilizing the 22 prevention of elder abuse program pursuant to section 231.56A 23 and the office of substitute decision maker created pursuant 24 to chapter 231E. The design shall also address all of the 25 following: 26 (1) Harmonization of the approach design with the 27 existing dependent adult abuse system pursuant to chapter 28 235B, including but not limited to standardized training, 29 collaboration between the elder abuse approach and the 30 department of human services when a report of dependent adult 31 abuse involves an older individual, and the membership of 32 multidisciplinary teams. 33 (2) Incorporation of the approach design into other 34 existing and developing components of the system including 35 -80- LSB 1004SB (1) 85 pf/jp 80/ 120
S.F. _____ the area agencies on aging, the mental health and disability 1 services regions, local public health departments, the local 2 offices of the department on human services, the courts, and 3 other appropriate entities, to most effectively and efficiently 4 address the needs of older individuals. 5 (3) A determination as to whether to provide specialized 6 elder abuse units in police departments, the office of the 7 attorney general, prosecutors’ offices, and other sectors. 8 (4) A determination as to whether to develop specialized 9 elder law courts as a mechanism for addressing elder abuse and 10 the needs of older individuals in the court system. 11 b. The definition of elder abuse to be used in the approach 12 to elder abuse. The task force shall address continued use 13 of the definition of “elder abuse” as specified under the 14 federal Older Americans Act and utilized by the prevention of 15 elder abuse program under section 231.56A, or shall provide a 16 specific alternative definition. 17 c. The designation of a single point of contact to report 18 elder abuse. The task force shall specifically address 19 utilizing the aging and disability resource center network as 20 the single point of contact. 21 d. The means of addressing financial exploitation of older 22 individuals, including those relating to powers of attorney and 23 conservatorships as described in the 2012 task force report. 24 The task force shall do all of the following: 25 (1) Enlist the involvement of the elder law and probate 26 sections of the Iowa state bar association to review, develop, 27 and submit as proposed legislation for the 2014 legislative 28 session, the uniform power of attorney Act. 29 (2) Determine whether and what specific crimes should 30 be established to address financial exploitation of older 31 individuals. 32 e. Promotion of public awareness of elder abuse and the 33 services and support available to older individuals at risk of 34 or experiencing elder abuse. 35 -81- LSB 1004SB (1) 85 pf/jp 81/ 120
S.F. _____ f. Any specific changes in statute and rules necessary to 1 achieve the recommendations of the task force. 2 3. The task force shall submit a progress report to the 3 elder abuse prevention and intervention legislative interim 4 committee established pursuant to this Act for review, by 5 October 31, 2013, and shall submit a final report of its 6 recommendations and proposed legislation following approval 7 by the legislative interim committee to the governor and the 8 general assembly no later than December 31, 2013. 9 Sec. 51. LEGISLATIVE INTERIM COMMITTEE. The legislative 10 council is requested to establish a legislative interim 11 committee on elder abuse prevention and intervention for the 12 2013 legislative interim to monitor the progress of, and 13 provide direction to, the task force on elder abuse prevention 14 and intervention created in this Act. The legislative 15 committee shall review the progress report and approve the 16 final report of the task force and shall submit the committee’s 17 recommendations and a final report to the general assembly 18 following completion of the committee’s work. 19 Sec. 52. PILOT PROJECT —— GUARDIANSHIP AND CONSERVATORSHIP 20 MONITORING. The department on aging shall collaborate 21 with the national health law and policy resource center 22 at the university of Iowa college of law to establish a 23 three-year pilot project to train, recruit, and oversee 24 volunteers to assist the courts in monitoring guardianships 25 and conservatorships and to provide assistance to guardians 26 and conservators. The pilot project volunteers shall ensure 27 that the court records monitored are accurate and up-to-date, 28 review reports and accountings from guardians and conservators 29 to better protect wards, visit wards as necessary to ensure 30 the needs of the wards are being met, and notify the court 31 of any identified problems or concerns. The pilot project 32 shall be implemented initially in the sixth judicial district. 33 The pilot project shall be utilized to establish a basis 34 for an ongoing guardianship and conservatorship monitoring 35 -82- LSB 1004SB (1) 85 pf/jp 82/ 120
S.F. _____ and assistance program administered through the office of 1 substitute decision maker created pursuant to chapter 231E, to 2 enable the office of substitute decision maker, in conjunction 3 with the courts, to provide oversight and training relevant to 4 guardianships and conservatorships and to intervene in cases 5 in which guardians and conservators are not complying with 6 prescribed duties. 7 Sec. 53. EFFECTIVE UPON ENACTMENT. The section of this 8 division of this Act establishing a task force on elder abuse 9 prevention, being deemed of immediate importance, takes effect 10 upon enactment. 11 Sec. 54. EFFECTIVE UPON ENACTMENT. The section of this 12 division of this Act amending section 231.33, subsection 21, 13 if enacted by 2013 Iowa Acts, Senate File 184, being deemed of 14 immediate importance, takes effect upon enactment. 15 Sec. 55. RETROACTIVE APPLICABILITY. The section of this 16 division of this Act amending section 231.33, subsection 21, 17 if enacted by 2013 Iowa Acts, applies retroactively to July 1, 18 2012. 19 DIVISION XI 20 EMS TASK FORCE 21 Sec. 56. EMERGENCY MEDICAL SERVICES TASK FORCE AND REPORT. 22 1. The department of public health shall establish a task 23 force to ensure the future availability of quality emergency 24 medical services for the state. 25 2. The members of the task force shall be appointed by the 26 director of the department of public health, or the director’s 27 designee, as follows: 28 a. A manager of a rural volunteer emergency medical 29 transport service. 30 b. A manager of a rural paid emergency medical transport 31 service. 32 c. A manager of an urban emergency medical transport 33 service. 34 d. A manager of a nontransport emergency medical service. 35 -83- LSB 1004SB (1) 85 pf/jp 83/ 120
S.F. _____ e. A representative of a fire department-based emergency 1 medical service. 2 f. A representative of a hospital-based emergency medical 3 service. 4 g. A representative of a private, for-profit emergency 5 medical transport service. 6 h. A representative of a not-for-profit emergency medical 7 transport service. 8 i. A representative of the Iowa emergency medical services 9 association board of directors. 10 j. A representative of an emergency medical services 11 training agency. 12 k. An urban emergency department physician. 13 l. A rural emergency department physician. 14 m. A representative of the Iowa emergency nurses 15 association. 16 n. A representative of the Iowa alliance in home care. 17 o. A representative of an emergency medical service air 18 ambulance. 19 p. A representative of the Iowa hospital association. 20 q. A representative of the private insurance industry. 21 r. A representative of the Iowa Medicaid enterprise 22 division of the department of human services. 23 s. A representative of city government. 24 t. A representative of county government. 25 u. A representative of the nursing facility industry. 26 v. A representative of the Iowa behavioral health 27 association. 28 w. A consumer of emergency medical services. 29 x. An advanced registered nurse practitioner. 30 3. The task force shall discuss the current state of 31 emergency medical services in Iowa and make recommendations for 32 enhancement of Iowa’s emergency medical services system. The 33 recommendations shall address issues facing volunteer and paid 34 rural emergency medical services, cost projections including 35 -84- LSB 1004SB (1) 85 pf/jp 84/ 120
S.F. _____ administration costs for all recommendations, the Medicaid 1 reimbursement fee schedule for ambulance services, and the 2 nature and scope of any recommended changes in regulations 3 governing emergency medical services. 4 4. The task force shall, by April 30, 2014, submit a final 5 report of its findings and recommendations to the governor, 6 the general assembly, the department of public health, and the 7 emergency medical services advisory council. The emergency 8 medical services advisory council shall review the report and 9 make recommendations related to implementation of the report’s 10 recommendations to the director of the department of public 11 health. 12 DIVISION XII 13 MEDICATION THERAPY MANAGEMENT 14 Sec. 57. MEDICATION THERAPY MANAGEMENT —— MEDICAID. 15 1. As used in this section, “medication therapy management” 16 means a systematic process performed by a licensed pharmacist, 17 designed to improve quality outcomes for patients and lower 18 health care costs, including emergency room, hospital, 19 provider, and other costs, by optimizing appropriate medication 20 use linked directly to achievement of the clinical goals of 21 therapy. Medication therapy management shall include all of 22 the following services: 23 a. A medication therapy review and in-person consultation 24 relating to all medications, vitamins, and herbal supplements 25 currently being taken by an eligible individual. 26 b. A medication action plan, subject to the limitations 27 specified in this section, communicated to the individual and 28 the individual’s primary care physician or other appropriate 29 prescriber to address issues including appropriateness, 30 effectiveness, safety, drug interactions, and adherence. The 31 medication action plan may include drug therapy recommendations 32 to prescribers that are needed to meet clinical goals and 33 achieve optimal patient outcomes. 34 c. Documentation and follow-up to ensure consistent levels 35 -85- LSB 1004SB (1) 85 pf/jp 85/ 120
S.F. _____ of pharmacy services and positive outcomes. 1 2. a. The department of human services shall utilize a 2 request for proposals process and shall enter into a contract 3 for the provision of medication therapy management services for 4 eligible medical assistance program recipients who meet any of 5 the following criteria: 6 (1) An individual who takes four or more prescription drugs 7 to treat or prevent two or more chronic medical conditions. 8 (2) An individual with a prescription drug therapy problem 9 who is identified by the prescribing physician or other 10 appropriate prescriber, and referred to a pharmacist for 11 medication therapy management services. 12 (3) An individual who meets other criteria established by 13 the Iowa Medicaid enterprise. 14 b. The fees for pharmacist-delivered medication therapy 15 management services shall be separate from the reimbursement 16 for prescription drug product or dispensing services, and 17 shall be reasonable based on the resources and time required 18 to provide the service. 19 c. A fee shall be established for physician reimbursement 20 for services delivered for medication therapy management and 21 shall be reasonable based on the resources and time required 22 to provide the service. 23 d. If any part of the medication therapy management 24 plan developed by a pharmacist incorporates services which 25 are outside the pharmacist’s independent scope of practice 26 including the initiation of therapy, modification of dosages, 27 therapeutic interchange, or changes in drug therapy, the 28 express authorization of the individual’s physician or other 29 appropriate prescriber shall be required. 30 Sec. 58. EFFECTIVE UPON ENACTMENT. This division of this 31 Act, being deemed of immediate importance, takes effect upon 32 enactment. 33 DIVISION XIII 34 HOSPITAL PROVIDER TAX 35 -86- LSB 1004SB (1) 85 pf/jp 86/ 120
S.F. _____ Sec. 59. Section 249M.5, Code 2013, is amended to read as 1 follows: 2 249M.5 Future repeal. 3 This chapter is repealed June 30, 2013 2016 . 4 Sec. 60. EFFECTIVE UPON ENACTMENT. The section of this 5 division of this Act relating to the future repeal of the 6 hospital health care access assessment program chapter, being 7 deemed of immediate importance, takes effect upon enactment. 8 DIVISION XIV 9 ILL AND HANDICAPPED WAIVER NAME CHANGE 10 Sec. 61. Section 423.3, subsection 18, paragraph f, 11 subparagraph (1), Code 2013, is amended to read as follows: 12 (1) Ill and handicapped Health and disability waiver 13 service providers, described in 441 IAC 77.30. 14 DIVISION XV 15 MILLER TRUST 16 Sec. 62. Section 633C.2, Code 2013, is amended to read as 17 follows: 18 633C.2 Disposition of medical assistance special needs 19 trusts. 20 Regardless of the terms of a medical assistance special 21 needs trust, any income received or asset added to the trust 22 during a one-month period shall be expended as provided for 23 medical assistance income trusts under section 633C.3 , on 24 a monthly basis, during the life of the beneficiary. Any 25 increase in income or principal retained in the trust from 26 a previous month may be expended, during the life of the 27 beneficiary, only for reasonable and necessary expenses of 28 the trust, not to exceed ten twenty-five dollars per month 29 without court approval, for special needs of the beneficiary 30 attributable to the beneficiary’s disability and approved by 31 the district court, for medical care or services that would 32 otherwise be covered by medical assistance under chapter 249A , 33 or to reimburse the state for medical assistance paid on behalf 34 of the beneficiary. 35 -87- LSB 1004SB (1) 85 pf/jp 87/ 120
S.F. _____ Sec. 63. Section 633C.3, subsection 1, unnumbered paragraph 1 1, Code 2013, is amended to read as follows: 2 Regardless of the terms of a medical assistance income 3 trust, if the beneficiary’s total monthly income is less 4 than one hundred and twenty-five percent of the average 5 statewide charge for nursing facility services to a private 6 pay resident of a nursing facility, then, during the life of 7 the beneficiary, any property received or held by the trust 8 shall be expended only as follows, as applicable, and in the 9 following order of priority: 10 Sec. 64. Section 633C.3, subsection 1, paragraph a, Code 11 2013, is amended to read as follows: 12 a. A reasonable amount may be paid or set aside each 13 month for necessary expenses of the trust, not to exceed ten 14 twenty-five dollars per month without court approval. 15 Sec. 65. Section 633C.3, subsection 2, unnumbered paragraph 16 1, Code 2013, is amended to read as follows: 17 Regardless of the terms of a medical assistance income 18 trust, if the beneficiary’s total monthly income is at or above 19 one hundred and twenty-five percent of the average statewide 20 charge for nursing facility services to a private-pay resident, 21 then, during the life of the beneficiary, any property received 22 or held by the trust shall be expended only as follows, as 23 applicable, in the following order of priority: 24 Sec. 66. Section 633C.3, subsection 2, paragraph a, Code 25 2013, is amended to read as follows: 26 a. A reasonable amount may be paid or set aside each 27 month for necessary expenses of the trust, not to exceed ten 28 twenty-five dollars per month without court approval. 29 Sec. 67. APPLICABILITY. The sections of this division of 30 this Act amending sections 633C.2 and 633C.3, apply to trusts 31 in existence on or after July 1, 2013. 32 DIVISION XVI 33 FAMILY PLANNING WAIVER —— STATE PLAN 34 Sec. 68. Section 249A.3, subsection 2, paragraph a, 35 -88- LSB 1004SB (1) 85 pf/jp 88/ 120
S.F. _____ subparagraph (10), Code 2013, is amended to read as follows: 1 (10) Individuals eligible for family planning services 2 under a federally approved demonstration waiver or state plan . 3 Sec. 69. MEDICAID STATE PLAN AMENDMENT —— FAMILY 4 PLANNING. The department of human services shall amend the 5 medical assistance state plan to include, effective no later 6 than January 1, 2014, the eligibility provisions of the Iowa 7 family planning network section 1115 demonstration waiver in 8 effect on January 1, 2013, as the criteria is amended to be 9 applicable to individuals who are uninsured or who have health 10 insurance coverage subject to the medical assistance program 11 being the payer of last resort. The department shall implement 12 the state plan amendment upon receipt of approval by the 13 centers for Medicare and Medicaid services of the United States 14 department of health and human services. 15 Sec. 70. 2010 Iowa Acts, chapter 1192, section 11, 16 subsection 24, paragraph a, subparagraph (1), subparagraph 17 division (a), is amended to read as follows: 18 (a) Are uninsured or have health insurance coverage that 19 does not include coverage for benefits provided under the Iowa 20 family planning network subject to the medical assistance 21 program being the payer of last resort . 22 Sec. 71. EFFECTIVE UPON ENACTMENT AND CONTINGENT 23 IMPLEMENTATION. The sections of this division of this 24 Act relating to the family planning waiver and state plan 25 amendment, being deemed of immediate importance, take effect 26 upon enactment. However, the department of human services 27 shall only implement those sections to the extent the 28 department receives federal approval of the requests relating 29 to the waiver and the medical assistance state plan amendment 30 necessary to implement those sections. 31 DIVISION XVII 32 MISCELLANEOUS HEALTH CARE AMENDMENTS 33 Sec. 72. Section 249A.2, subsection 1, Code 2013, is amended 34 by striking the subsection. 35 -89- LSB 1004SB (1) 85 pf/jp 89/ 120
S.F. _____ Sec. 73. Section 249A.2, subsections 4 and 7, Code 2013, are 1 amended to read as follows: 2 4. “Discretionary medical assistance” means mandatory 3 medical assistance or additional optional medical assistance 4 provided to medically needy individuals whose income and 5 resources are in excess of eligibility limitations but are 6 insufficient to meet all of the costs of necessary medical 7 care and services, provided that if the assistance includes 8 services in institutions for mental diseases or intermediate 9 care facilities for persons with an intellectual disability, 10 or both, for any group of such individuals, the assistance 11 also includes for all covered groups of such individuals at 12 least the care and services enumerated in Tit. XIX of the 13 federal Social Security Act, section 1905(a), paragraphs (1) 14 through (5), and (17), as codified in 42 U.S.C. § 1396d(a), 15 pars. (1) through (5), and (17), or any seven of the care and 16 services enumerated in Tit. XIX of the federal Social Security 17 Act, section 1905(a), paragraphs (1) through (7) and (9) 18 through (18) (24) , as codified in 42 U.S.C. § 1396d(a), pars. 19 paragraphs (1) through (7), and (9) through (18) (24) . 20 7. “Medical assistance” means payment of all or part of 21 the costs of the care and services required to be provided by 22 made in accordance with Tit. XIX of the federal Social Security 23 Act , section 1905(a), paragraphs (1) through (5), and (17), as 24 codified in 42 U.S.C. § 1396d(a), pars. (1) through (5), and 25 (17) and authorized pursuant to this chapter . 26 Sec. 74. Section 249A.2, Code 2013, is amended by adding the 27 following new subsections: 28 NEW SUBSECTION . 6A. “Mandatory medical assistance” means 29 payment of all or part of the costs of the care and services 30 required to be provided by Tit. XIX of the federal Social 31 Security Act, section 1905(a), paragraphs (1) through (5), 32 (17),(21), and (28), as codified in 42 U.S.C. § 1396d(a), 33 paragraphs (1) through (5), (17), (21), and (28). 34 NEW SUBSECTION . 7A. “Medical assistance program” means 35 -90- LSB 1004SB (1) 85 pf/jp 90/ 120
S.F. _____ the program established under this chapter to provide medical 1 assistance. 2 NEW SUBSECTION . 8A. “Optional medical assistance” means 3 payment of all or part of the costs of any or all of the care 4 and services authorized to be provided by Tit. XIX of the 5 federal Social Security Act, section 1905(a), paragraphs (6) 6 through (16), (18) through (20), (22) through (27), and (29), 7 as codified in 42 U.S.C. § 1396d(a), paragraphs (6) through 8 (16), and (18) through (20), (22) through (27), and (29). 9 Sec. 75. Section 249A.3, subsection 1, unnumbered paragraph 10 1, Code 2013, is amended to read as follows: 11 Medical Mandatory medical assistance shall be provided to, 12 or on behalf of, any individual or family residing in the state 13 of Iowa, including those residents who are temporarily absent 14 from the state, who: 15 Sec. 76. Section 249A.3, subsection 1, paragraph l, 16 subparagraph (2), Code 2013, is amended to read as follows: 17 (2) Additionally, effective July 1, 2009, medical 18 assistance shall be provided to Is a pregnant woman or infant 19 whose family income is at or below three hundred percent of the 20 federal poverty level, as defined by the most recently revised 21 poverty income guidelines published by the United States 22 department of health and human services, if otherwise eligible. 23 Sec. 77. Section 249A.3, subsection 2, paragraph a, 24 unnumbered paragraph 1, Code 2013, is amended to read as 25 follows: 26 Medical Mandatory medical assistance may also, within the 27 limits of available funds and in accordance with section 28 249A.4, subsection 1 , be provided to, or on behalf of, 29 other individuals and families who are not excluded under 30 subsection 5 of this section and whose incomes and resources 31 are insufficient to meet the cost of necessary medical care and 32 services in accordance with the following order of priorities: 33 Sec. 78. Section 249A.3, subsection 2, paragraph a, 34 subparagraph (1), subparagraph division (a), Code 2013, is 35 -91- LSB 1004SB (1) 85 pf/jp 91/ 120
S.F. _____ amended to read as follows: 1 (a) As allowed under 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII), 2 individuals with disabilities, who are less than sixty-five 3 years of age, who are members of families whose income is less 4 than two hundred fifty percent of the most recently revised 5 official poverty guidelines published by the United States 6 department of health and human services for the family, who 7 have earned income and who are eligible for mandatory medical 8 assistance or additional optional medical assistance under this 9 section if earnings are disregarded. As allowed by 42 U.S.C. 10 § 1396a(r)(2), unearned income shall also be disregarded in 11 determining whether an individual is eligible for assistance 12 under this subparagraph. For the purposes of determining the 13 amount of an individual’s resources under this subparagraph 14 and as allowed by 42 U.S.C. § 1396a(r)(2), a maximum of ten 15 thousand dollars of available resources shall be disregarded, 16 and any additional resources held in a retirement account, in a 17 medical savings account, or in any other account approved under 18 rules adopted by the department shall also be disregarded. 19 Sec. 79. Section 249A.3, subsection 2, paragraph a, 20 subparagraph (3), Code 2013, is amended to read as follows: 21 (3) Individuals who are receiving care in a hospital or 22 in a basic nursing home, intermediate nursing home, skilled 23 nursing home or extended care facility, as defined by section 24 135C.1 , and who meet all eligibility requirements for federal 25 supplemental security income except that their income exceeds 26 the allowable maximum therefor for such eligibility , but 27 whose income is not in excess of the maximum established 28 by subsection 4 for eligibility for discretionary medical 29 assistance and is insufficient to meet the full cost of their 30 care in the hospital or health care facility on the basis of 31 standards established by the department. 32 Sec. 80. Section 249A.3, subsection 2, paragraph b, Code 33 2013, is amended to read as follows: 34 b. Notwithstanding the provisions of this subsection 35 -92- LSB 1004SB (1) 85 pf/jp 92/ 120
S.F. _____ establishing priorities for individuals and families to 1 receive mandatory medical assistance, the department may 2 determine within the priorities listed in this subsection which 3 persons shall receive mandatory medical assistance based on 4 income levels established by the department, subject to the 5 limitations provided in subsection 4 . 6 Sec. 81. Section 249A.3, subsection 3, Code 2013, is amended 7 to read as follows: 8 3. Additional Optional medical assistance may, within 9 the limits of available funds and in accordance with section 10 249A.4, subsection 1 , be provided to, or on behalf of, either 11 of the following groups of individuals and families : 12 a. Only those individuals and families described in 13 subsection 1 of this section ; or . 14 b. Those individuals and families described in both 15 subsections 1 and 2 . 16 Sec. 82. Section 249A.4, subsection 9, unnumbered paragraph 17 1, Code 2013, is amended to read as follows: 18 Adopt rules pursuant to chapter 17A in determining the 19 method and level of reimbursement for all medical and health 20 services referred to in section 249A.2, subsection 1 or 7 21 to be provided under the medical assistance program , after 22 considering all of the following: 23 Sec. 83. Section 249B.1, subsection 6, Code 2013, is amended 24 to read as follows: 25 6. “Medical assistance” means mandatory medical assistance” , 26 “additional ”optional medical assistance“ , ”discretionary medical 27 assistance“ or ”medicare cost sharing“ as defined in section 28 249A.2 which is provided to an individual pursuant to chapter 29 249A and Tit. XIX of the federal Social Security Act. 30 Sec. 84. Section 249F.1, subsection 1, Code 2013, is amended 31 to read as follows: 32 1. ”Medical assistance“ means mandatory medical 33 assistance“, ”additional “optional medical assistance”, 34 “discretionary medical assistance”, or “Medicare cost sharing” 35 -93- LSB 1004SB (1) 85 pf/jp 93/ 120
S.F. _____ as each is defined in section 249A.2 which is provided to an 1 individual pursuant to chapter 249A and Tit. XIX of the federal 2 Social Security Act. 3 Sec. 85. Section 509.1, subsection 7, Code 2013, is amended 4 to read as follows: 5 7. A policy issued to the department of human services, 6 which shall be deemed the policyholder, to insure eligible 7 persons for medical assistance, or for both mandatory medical 8 assistance and additional optional medical assistance, as 9 defined by chapter 249A as hereafter amended. 10 Sec. 86. Section 514.1, subsection 2, Code 2013, is amended 11 to read as follows: 12 2. For the purposes of this chapter , “subscriber” means an 13 individual who enters into a contract for health care services 14 with a corporation subject to this chapter and includes a 15 person eligible for mandatory medical assistance or additional 16 optional medical assistance as defined under chapter 249A , with 17 respect to whom the department of human services has entered 18 into a contract with a firm operating under this chapter. For 19 purposes of this chapter , “provider” means a person as defined 20 in section 4.1, subsection 20 , which is licensed or authorized 21 in this state to furnish health care services. “Health care” 22 means that care necessary for the purpose of preventing, 23 alleviating, curing, or healing human physical or mental 24 illness, injury, or disability. 25 DIVISION XVIII 26 ALZHEIMER’S COORDINATION AND STRATEGY. 27 Sec. 87. NEW SECTION . 135P.1 Definitions. 28 As used in this chapter, unless the context otherwise 29 requires: 30 1. “Alzheimer’s disease” or “Alzheimer’s” means a 31 progressive, degenerative, fatal disorder that results in loss 32 of memory, loss of thinking and language skills, and behavioral 33 changes. “Alzheimer’s disease” includes related dementias 34 including vascular dementia, Parkinson’s disease, dementia with 35 -94- LSB 1004SB (1) 85 pf/jp 94/ 120
S.F. _____ Lewy bodies, frontotemporal dementia, Crutzfeldt-Jakob disease, 1 normal pressure hydrocephalus, and mixed dementia. 2 2. “Department” means the department of public health. 3 Sec. 88. NEW SECTION . 135P.2 Alzheimer’s disease —— 4 state-level coordination and comprehensive response strategy. 5 1. The department shall develop and administer, and 6 provide for state-level coordination of, a comprehensive 7 Alzheimer’s disease response strategy in accordance with the 8 recommendations of the stakeholder workgroup convened pursuant 9 to 2011 Iowa Acts, chapter 61. The response strategy shall 10 include development and monitoring of short-term and long-term 11 objectives and action steps to ensure that individuals with 12 Alzheimer’s disease have access to the highest quality and 13 most appropriate care at all stages of the disease and in 14 all settings across the service and supports continuum. The 15 response strategy may include prioritization of objectives 16 and action steps to most efficiently utilize resources and 17 funding. The department shall update the initial response 18 strategy biennially and shall submit a progress report annually 19 in January to the governor and the general assembly. 20 2. In providing state-level coordination, the department 21 shall integrate public and private resources and programs, 22 reduce duplication, evaluate programs and services to ensure 23 that evidence-based, high-quality programs and services are 24 available to maximize the positive impact for individuals with 25 Alzheimer’s and their families and caregivers, and promote 26 public awareness. 27 3. In developing the comprehensive Alzheimer’s disease 28 response strategy, the department shall do all of the 29 following: 30 a. Establish an Alzheimer’s disease coordinator position 31 in the department in a manner similar to those positions 32 that address other chronic conditions in the state. The 33 coordinator, in partnership with public and private entities 34 and the multidisciplinary advisory council convened pursuant to 35 -95- LSB 1004SB (1) 85 pf/jp 95/ 120
S.F. _____ paragraph “b” , shall do all of the following: 1 (1) Implement the recommendations of the Alzheimer’s 2 disease stakeholder workgroup convened pursuant to 2011 Iowa 3 Acts, chapter 61, and establish standards for the comprehensive 4 Alzheimer’s disease response strategy. 5 (2) Inform, educate, and empower the public regarding the 6 impact of Alzheimer’s disease, in order to increase awareness 7 of the disease and in particular the benefits of early 8 detection, while working to decrease the stigma associated with 9 Alzheimer’s disease. 10 (3) Monitor the prevalence of Alzheimer’s disease and 11 cognitive impairment in the state through data collection and 12 coordination efforts. Such data shall be made available to 13 and used to assist public and private efforts in developing 14 evidence-based programs and policies that address Alzheimer’s 15 disease. 16 (4) Evaluate, and promote the improved effectiveness, 17 accessibility, and quality of, clinical and population-based 18 Alzheimer’s services. The evaluation and promotion efforts 19 shall include coordination of services to reach rural and 20 underserved areas of the state. 21 (5) Ensure a competent public and private sector workforce 22 specific to the challenges of Alzheimer’s disease. The effort 23 shall include coordinating existing state efforts to develop, 24 implement, and evaluate curricula and training requirements 25 for providers of services who interact with individuals with 26 Alzheimer’s disease. 27 (6) Act as a liaison to the aging and disabilities resource 28 centers, area agencies on aging, Alzheimer’s association 29 chapters, the health and long-term care access advisory council 30 created by the department to implement the directives of 31 sections 135.163 and 135.164, and other entities to ensure 32 Alzheimer’s disease is appropriately addressed in the state. 33 (7) Secure public and private funding relating to dementia 34 to fulfill the duties specified under this chapter. 35 -96- LSB 1004SB (1) 85 pf/jp 96/ 120
S.F. _____ b. Convene a multidisciplinary advisory council. The 1 council shall assist and advise the department and the 2 coordinator; develop partnerships to provide coordination, 3 collaboration, and support for Alzheimer’s-related services 4 and programs throughout the state; and advocate on behalf of 5 persons with Alzheimer’s disease and their families. The 6 advisory council shall, at a minimum, include representation 7 from individuals with Alzheimer’s disease and their families; 8 caregivers and other providers of services and supports; 9 medical providers including primary and specialty care 10 providers, which shall include geriatricians, neurologists, 11 and others with expertise in Alzheimer’s disease; the 12 Alzheimer’s association; community-based organizations and 13 other organizations with interest or expertise in Alzheimer’s 14 disease; academic institutions and programs with a focus 15 on Alzheimer’s disease and dementia; and appropriate state 16 agencies including but not limited to the department on 17 aging, the department of human services, the department of 18 inspections and appeals, the department of public safety, and 19 the department of workforce development. The department shall 20 enlist private entities in providing staff support for the 21 council. 22 Sec. 89. REPEAL. Section 135.171, Code 2013, is repealed. 23 Sec. 90. INCORPORATION OF EXISTING STATE DUTIES. The 24 department of public health shall incorporate the requirements 25 specified in section 135.171, Code 2013, into the comprehensive 26 Alzheimer’s disease strategy developed and administered 27 pursuant to this division of this Act. 28 DIVISION XIX 29 AREA HEALTH EDUCATION CENTERS 30 Sec. 91. NEW SECTION . 135.179 Area health education centers 31 fund. 32 An area health education centers fund is created in the 33 state treasury as a separate fund under the control of the 34 department. The department may receive appropriations, 35 -97- LSB 1004SB (1) 85 pf/jp 97/ 120
S.F. _____ contributions, grants, and in-kind contributions to support 1 the purposes of the fund. The fund shall be separate from the 2 general fund of the state and shall not be considered part of 3 the general fund of the state. The moneys in the fund shall 4 not be considered revenue of the state, but rather shall be 5 moneys of the fund. The moneys in the fund are appropriated 6 to the department to be distributed to a publicly owned acute 7 care teaching hospital located in a county with a population 8 over three hundred fifty thousand that shall subcontract 9 with health care entities that host regional area health 10 education centers to recruit and retain a skilled health care 11 workforce in rural and underserved areas of the state. The 12 funds distributed shall be used to provide the nonfederal 13 funding match requirement for receipt of federal grants for 14 area health education centers from the federal health resources 15 and services administration of the United States department of 16 health and human services and to assist with continuation of 17 existing educational health care programs and activities. The 18 moneys in the fund are not subject to section 8.33 and shall 19 not be transferred, used, obligated, appropriated, or otherwise 20 encumbered, except to provide for the purposes of this section. 21 Notwithstanding section 12C.7, subsection 2, interest or 22 earnings on moneys deposited in the fund shall be credited to 23 the fund. 24 Sec. 92. CODE EDITOR DIRECTIVE. The Code editor shall 25 create a new division in chapter 135 codifying section 135.179, 26 as enacted in this division of this Act, as the area health 27 education centers fund. 28 DIVISION XX 29 MEDICAID BREAST AND CERVICAL CANCER 30 Sec. 93. Section 249A.3, subsection 2, paragraph a, 31 subparagraph (2), Code 2013, is amended to read as follows: 32 (2) (a) As provided under the federal Breast and Cervical 33 Cancer Prevention and Treatment Act of 2000, Pub. L. No. 34 106-354, women individuals who meet all of the following 35 -98- LSB 1004SB (1) 85 pf/jp 98/ 120
S.F. _____ criteria: 1 (i) Are not described in 42 U.S.C. § 1396a(a)(10)(A)(i). 2 (ii) Have not attained age sixty-five. 3 (iii) Have been screened for breast and cervical cancer 4 under the United States centers for disease control and 5 prevention breast and cervical cancer early detection program 6 established under 42 U.S.C. § 300k et seq., in accordance 7 with the requirements of 42 U.S.C. § 300n, and need treatment 8 for breast or cervical cancer. A woman An individual is 9 considered screened for breast and cervical cancer under this 10 subparagraph subdivision if the woman individual is screened 11 by any provider or entity, and the state grantee of the United 12 States centers for disease control and prevention funds under 13 Tit. XV of the federal Public Health Services Act has elected 14 to include screening activities by that provider or entity 15 as screening activities pursuant to Tit. XV of the federal 16 Public Health Services Act. This screening includes but is 17 not limited to breast or cervical cancer screenings or related 18 diagnostic services provided or funded by family planning or 19 centers, community health centers and breast cancer screenings 20 funded by the Susan G. Komen foundation which , or nonprofit 21 organizations, and the screenings or services are provided 22 to women individuals who meet the eligibility requirements 23 established by the state grantee of the United States centers 24 for disease control and prevention funds under Tit. XV of the 25 federal Public Health Services Act. 26 (iv) Are not otherwise covered under creditable coverage as 27 defined in 42 U.S.C. § 300gg(c). 28 (b) A woman An individual who meets the criteria of this 29 subparagraph (2) shall be presumptively eligible for medical 30 assistance. 31 Sec. 94. MEDICAID STATE PLAN AMENDMENT. The department of 32 human services shall submit a medical assistance state plan 33 amendment to the centers for Medicare and Medicaid services of 34 the United States department of health and human services to 35 -99- LSB 1004SB (1) 85 pf/jp 99/ 120
S.F. _____ provide for applicability of the federal Breast and Cervical 1 Cancer Prevention and Treatment Act of 2000, Pub. L. No. 2 106-354, to both men and women. The department shall implement 3 applicability of the program to both men and women upon receipt 4 of federal approval. 5 DIVISION XXI 6 HEALTH AND LONG-TERM CARE 7 Sec. 95. Section 135.164, subsection 1, paragraph d, Code 8 2013, is amended by striking the paragraph. 9 Sec. 96. COST PROJECTION REPORT —— STRATEGIC PLAN. The 10 department of public health shall develop cost projections for 11 developing and implementing the strategic plan for health care 12 delivery infrastructure and health care workforce resources as 13 specified in section 135.164, and shall submit a report of such 14 cost projections and any recommendations to the individuals 15 identified in this Act for submission of reports by December 16 15, 2013. 17 DIVISION XXII 18 AUTISM SUPPORT PROGRAM 19 Sec. 97. NEW SECTION . 225D.1 Definitions. 20 As used in this chapter unless the context otherwise 21 requires: 22 1. “Applied behavioral analysis” , “autism service provider” , 23 “pharmacy care” , “psychiatric care” , “psychological care” , 24 “rehabilitative care” , “therapeutic care” , and “treatment plan” 25 mean the same as defined in section 514C.28. 26 2. “Autism” means autism spectrum disorders as defined in 27 section 514C.28. 28 3. “Autism support fund” or “fund” means the autism support 29 fund created in section 225D.2. 30 4. “Behavioral health treatment” means clinically relevant 31 counseling and treatment programs, including applied behavioral 32 analysis, that meet both of the following requirements: 33 a. Are necessary to develop, maintain, or restore, to the 34 maximum extent practicable, the functioning of an individual. 35 -100- LSB 1004SB (1) 85 pf/jp 100/ 120
S.F. _____ b. Are provided or supervised by a board-certified 1 behavior analyst or a licensed psychologist, as long as the 2 services performed by a psychologist are commensurate with 3 the psychologist’s formal university training and supervised 4 experience. 5 5. “Clinically relevant” means medically necessary and 6 resulting in an improved clinical status as determined by 7 department guidelines for managed care entities. 8 6. “Department” means the department of human services. 9 7. “Diagnostic assessment of autism spectrum disorders” means 10 medically necessary assessment, evaluations, or tests performed 11 by a licensed physician, licensed physician assistant, licensed 12 psychologist, or licensed registered nurse practitioner, with 13 expertise and special training in developmental disabilities or 14 autism, to diagnose whether an individual has autism. 15 8. “Eligible individual” means a child less than nine years 16 of age who has been diagnosed with autism based on a diagnostic 17 assessment of autism spectrum disorders, is not otherwise 18 eligible for coverage under the medical assistance program, has 19 been denied coverage and is therefore not eligible for private 20 insurance coverage, and whose household income does not exceed 21 four hundred percent of the federal poverty level. 22 9. “Federal poverty level” means the most recently revised 23 poverty income guidelines published by the United States 24 department of health and human services. 25 10. “Household income” means household income as determined 26 using the modified adjusted gross income methodology pursuant 27 to section 2002 of the federal Patient Protection and 28 Affordable Care Act, Pub. L. No. 111-148. 29 11. “Medical assistance” or “Medicaid” means assistance 30 provided under the medical assistance program pursuant to 31 chapter 249A. 32 12. “Regional autism assistance program” means the regional 33 autism assistance program created in section 256.35. 34 13. “Treatment of autism” means treatment that is 35 -101- LSB 1004SB (1) 85 pf/jp 101/ 120
S.F. _____ identified in a treatment plan and includes medically necessary 1 behavioral health treatment, pharmacy care, psychiatric care, 2 psychological care, rehabilitative care, and therapeutic care 3 that is one of the following: 4 a. Prescribed, ordered, or provided by a licensed 5 physician, licensed physician assistant, licensed psychologist, 6 licensed social worker, or licensed advanced registered nurse 7 practitioner. 8 b. Provided by an autism service provider. 9 c. Provided by a person, entity, or group that works under 10 the direction of an autism service provider. 11 Sec. 98. NEW SECTION . 225D.2 Autism support program —— 12 fund. 13 1. The department shall implement an autism support 14 program to provide payment for the treatment of autism for 15 eligible individuals. The department shall adopt rules, 16 including standards and guidelines, pursuant to chapter 17A to 17 implement and administer the program. In adopting the rules, 18 standards, and guidelines for the program, the department shall 19 consult with and incorporate the recommendations of an expert 20 panel convened by the regional autism assistance program to 21 provide expert opinion on clinically relevant practices and 22 guidance on program implementation and administration. The 23 expert panel shall consist of families of individuals with 24 autism; educational, medical, and human services specialists, 25 professionals, and providers; and others with interest in or 26 expertise related to autism. The program shall be implemented 27 and administered in a manner so that services are available 28 throughout the state, including in rural and under-resourced 29 areas. 30 2. At a minimum, the rules, standards, and guidelines for 31 the program shall address all of the following: 32 a. A maximum annual benefit amount for an eligible 33 individual of thirty-six thousand dollars. 34 b. A maximum of twenty-four months of applied behavioral 35 -102- LSB 1004SB (1) 85 pf/jp 102/ 120
S.F. _____ analysis treatment. 1 c. A graduated schedule for cost-sharing by an eligible 2 individual based on a percentage of the total benefit amount 3 expended for the eligible individual, annually. Cost-sharing 4 shall be applicable to eligible individuals with household 5 incomes at or above two hundred percent of the federal poverty 6 level in incrementally increased amounts up to a maximum of 7 ten percent. The rules shall provide a financial hardship 8 exemption from payment of the cost-sharing based on criteria 9 established by rule of the department. 10 d. Application, approval, compliance, and appeal processes 11 for eligible individuals as necessary to operate and manage the 12 program. 13 e. Enrollment, renewal, and reimbursement of claims 14 provisions for autism service providers participating in the 15 program. 16 f. A requirement of family engagement and participation as 17 part of the eligible individual’s treatment plan. 18 g. A requirement that the administrator of the program 19 utilize the regional autism assistance program to coordinate 20 interventions between eligible individuals and their families 21 receiving support through the autism support program with 22 appropriate medical, educational, and treatment providers, 23 including integrated health homes. The regional autism 24 assistance program shall provide for family navigation and 25 coordination and integration of services through the statewide 26 system of regional child health specialty clinics, utilizing 27 the community child health team model. As necessitated by 28 the availability of resources in the community where services 29 are delivered, telehealth may be used in delivering and 30 coordinating interventions with appropriate providers. To the 31 extent available and accessible to an eligible individual, 32 the eligible individual shall be enrolled in an integrated 33 health home that is an approved provider enrolled in the 34 medical assistance program. Health home services that are 35 -103- LSB 1004SB (1) 85 pf/jp 103/ 120
S.F. _____ covered services under the medical assistance program shall be 1 reimbursed under the autism support program at rates consistent 2 with those established under the medical assistance program. 3 h. Requirements related to review of treatment plans, 4 which may require review once every six months, subject to 5 utilization review requirements established by rule. A more 6 or less frequent review may be agreed upon by the eligible 7 individual and the licensed physician or licensed psychologist 8 developing the treatment plan. 9 i. Recognition of the results of a diagnostic assessment of 10 autism as valid for a period of not less than twelve months, 11 unless a licensed physician or licensed psychologist determines 12 that a more frequent assessment is necessary. 13 3. Moneys in the autism support fund created under 14 subsection 5 shall be expended only for eligible individuals 15 who are not eligible for coverage for the same treatment 16 services under the medical assistance program and who have 17 applied for and been denied private insurance coverage for 18 the same treatment services. Payment for treatment services 19 through the fund shall be limited to only those services that 20 are clinically relevant and only to the extent approved under 21 the guidelines established by rule of the department. 22 4. This section shall not be construed as granting an 23 entitlement for any program, service, or other support for 24 eligible individuals. Any state obligation to provide a 25 program, service, or other support pursuant to this section 26 is limited to the extent of the funds appropriated for the 27 purposes of the program. The department may establish a 28 waiting list or terminate participation of eligible individuals 29 if the department determines that moneys in the autism support 30 fund are insufficient to cover future claims for reimbursement 31 beyond ninety days. 32 5. a. An autism support fund is created in the state 33 treasury under the authority of the department. Moneys 34 appropriated to and all other moneys specified for deposit 35 -104- LSB 1004SB (1) 85 pf/jp 104/ 120
S.F. _____ in the fund shall be deposited in the fund and used for the 1 purposes of the program. 2 b. The fund shall be separate from the general fund of the 3 state and shall not be considered part of the general fund of 4 the state. The moneys in the fund shall not be considered 5 revenue of the state, but rather shall be funds of the autism 6 support program. The moneys deposited in the fund are not 7 subject to section 8.33 and shall not be transferred, used, 8 obligated, appropriated, or otherwise encumbered, except to 9 provide for the purposes of this section. Notwithstanding 10 section 12C.7, subsection 2, interest or earnings on moneys 11 deposited in the fund shall be credited to the fund. 12 c. The department shall adopt rules pursuant to chapter 17A 13 to administer the fund and reimbursements made from the fund. 14 d. Moneys in the fund are appropriated to the department and 15 shall be used by the department for the purposes of the autism 16 support program. The department shall be the administrator of 17 the fund for auditing purposes. 18 e. The department shall submit an annual report to the 19 governor and the general assembly no later than January 1 20 of each year that includes but is not limited to all of the 21 following: 22 (1) The total number of applications received under the 23 program for the immediately preceding fiscal year. 24 (2) The number of applications approved and the total amount 25 of funding expended for reimbursements under the program in the 26 immediately preceding fiscal year. 27 (3) The cost of administering the program in the immediately 28 preceding fiscal year. 29 (4) The number of eligible individuals on a waiting list, if 30 any, and the amount of funding necessary to reduce the existing 31 waiting list. 32 (5) Recommendations for any changes to the program. 33 Sec. 99. IMPLEMENTATION. 34 1. The department of human services shall implement the 35 -105- LSB 1004SB (1) 85 pf/jp 105/ 120
S.F. _____ autism support program within one hundred twenty days of 1 the effective date of this division of this Act, subject to 2 available funding. 3 2. Notwithstanding section 8.47 or any other provision of 4 law to the contrary, the department may utilize a sole-source 5 contract and utilize the managed care entity under contract 6 with the department to manage behavioral health services under 7 the medical assistance program to administer the program. 8 Total administrative costs of the program shall not exceed ten 9 percent of the funds expended through the program, annually. 10 Sec. 100. EFFECTIVE UPON ENACTMENT. This division of this 11 Act, being deemed of immediate importance, takes effect upon 12 enactment. 13 DIVISION XXIII 14 DEPARTMENT OF HUMAN SERVICES —— CHILD, ADULT, AND FAMILY 15 SERVICES 16 Sec. 101. Section 225C.38, subsection 1, paragraph c, Code 17 2013, is amended to read as follows: 18 c. Except as provided in section 225C.41 , a family support 19 subsidy for a fiscal year shall be in an amount determined by 20 the department in consultation with the comprehensive family 21 support council created in section 225C.48 . The parent or 22 legal guardian receiving a family support subsidy may elect 23 to receive a payment amount which is less than the amount 24 determined in accordance with this paragraph. 25 Sec. 102. Section 225C.42, subsection 1, Code 2013, is 26 amended to read as follows: 27 1. The department shall conduct an annual evaluation of 28 the family support subsidy program in conjunction with the 29 comprehensive family support council and shall submit the 30 evaluation report with recommendations to the governor and 31 general assembly. The report shall be submitted on or before 32 October 30 and provide an evaluation of the latest completed 33 fiscal year. 34 Sec. 103. Section 225C.47, subsection 5, unnumbered 35 -106- LSB 1004SB (1) 85 pf/jp 106/ 120
S.F. _____ paragraph 1, Code 2013, is amended to read as follows: 1 The department shall design the program in consultation with 2 the comprehensive family support council created in section 3 225C.48 . The department shall adopt rules to implement the 4 program which provide for all of the following: 5 Sec. 104. Section 225C.49, subsection 4, Code 2013, is 6 amended to read as follows: 7 4. The department shall designate one individual whose sole 8 duties are to provide central coordination of the programs 9 under sections 225C.36 and 225C.47 and to work with the 10 comprehensive family support council to oversee development and 11 implementation of the programs. 12 Sec. 105. Section 239B.5, Code 2013, is amended by adding 13 the following new subsection: 14 NEW SUBSECTION . 4. a. The department shall implement 15 policies and procedures as necessary to comply with provisions 16 of the federal Middle Class Tax Relief and Job Creation Act 17 of 2012, Pub. L. No. 112-96, to prevent assistance provided 18 under this chapter from being used in any electronic benefit 19 transfer transaction in any liquor store; any casino, gambling 20 casino, or gaming establishment; or any retail establishment 21 which provides adult-oriented entertainment in which performers 22 disrobe or perform in an unclothed state for entertainment. 23 For purposes of this paragraph, the definitions found in the 24 federal Middle Class Tax Relief and Job Creation Act and 25 related rules and statutes apply. 26 b. Unless otherwise precluded by federal law or regulation, 27 policies and procedures implemented under this subsection shall 28 at a minimum impose the prohibition described in paragraph “a” 29 as a condition for continued eligibility for assistance under 30 this chapter. 31 c. The department may implement additional measures as may 32 be necessary to comply with federal regulations in implementing 33 paragraph “a” . 34 d. The department shall adopt rules as necessary to 35 -107- LSB 1004SB (1) 85 pf/jp 107/ 120
S.F. _____ implement this subsection. 1 Sec. 106. Section 239B.14, subsection 1, Code 2013, is 2 amended to read as follows: 3 1. a. An individual who obtains, or attempts to obtain, 4 or aids or abets an individual to obtain, by means of a 5 willfully false statement or representation, by knowingly 6 failing to disclose a material fact, or by impersonation, or 7 any fraudulent device, any assistance or other benefits under 8 this chapter to which the individual is not entitled, commits 9 a fraudulent practice. 10 b. An individual who accesses benefits provided under 11 this chapter in violation of any prohibition imposed by the 12 department pursuant to section 239B.5, subsection 4, commits 13 a fraudulent practice. 14 Sec. 107. Section 249A.3, subsection 1, Code 2013, is 15 amended by adding the following new paragraph: 16 NEW PARAGRAPH . v. Beginning January 1, 2014, is an 17 individual who meets all of the following requirements: 18 (1) Is under twenty-six years of age. 19 (2) Was in foster care under the responsibility of the state 20 on the date of attaining eighteen years of age or such higher 21 age to which foster care is provided. 22 (3) Was enrolled in the medical assistance program under 23 this chapter while in such foster care. 24 Sec. 108. Section 249A.3, subsection 2, paragraph a, 25 subparagraph (9), Code 2013, is amended by striking the 26 subparagraph. 27 Sec. 109. Section 249J.26, subsection 2, Code 2013, is 28 amended to read as follows: 29 2. This chapter is repealed October December 31, 2013. 30 Sec. 110. Section 514I.4, subsection 5, paragraph a, Code 31 2013, is amended by striking the paragraph. 32 Sec. 111. Section 514I.5, subsection 7, paragraph f, Code 33 2013, is amended to read as follows: 34 f. Review, in consultation with the department, and take 35 -108- LSB 1004SB (1) 85 pf/jp 108/ 120
S.F. _____ necessary steps to improve interaction between the program and 1 other public and private programs which provide services to the 2 population of eligible children. The board, in consultation 3 with the department, shall also develop and implement a plan 4 to improve the medical assistance program in coordination with 5 the hawk-i program, including but not limited to a provision to 6 coordinate eligibility between the medical assistance program 7 and the hawk-i program, and to provide for common processes 8 and procedures under both programs to reduce duplication and 9 bureaucracy. 10 Sec. 112. Section 514I.5, subsection 8, paragraphs b and f, 11 Code 2013, are amended by striking the paragraphs. 12 Sec. 113. Section 514I.7, subsection 2, paragraphs a and g, 13 Code 2013, are amended to read as follows: 14 a. Determine individual eligibility for program enrollment 15 based upon review of completed applications and supporting 16 documentation as prescribed by federal law and regulation, 17 using policies and procedures adopted by rule of the department 18 pursuant to chapter 17A . The administrative contractor shall 19 not enroll a child who has group health coverage , unless 20 expressly authorized by such rules . 21 g. Create and Utilize the department’s eligibility system 22 to maintain eligibility files that are compatible with the 23 data system of the department with pertinent eligibility 24 determination and ongoing enrollment information including , but 25 not limited to , data regarding beneficiaries, enrollment dates, 26 disenrollments, and annual financial redeterminations. 27 Sec. 114. Section 514I.7, subsection 2, paragraphs c, d, e, 28 f, and k, Code 2013, are amended by striking the paragraphs. 29 Sec. 115. Section 514I.8, subsection 1, Code 2013, is 30 amended to read as follows: 31 1. a. Effective July 1, 1998, and notwithstanding any 32 medical assistance program eligibility criteria to the 33 contrary, medical assistance shall be provided to, or on behalf 34 of, an eligible child under the age of nineteen whose family 35 -109- LSB 1004SB (1) 85 pf/jp 109/ 120
S.F. _____ income does not exceed one hundred thirty-three percent of the 1 federal poverty level, as defined by the most recently revised 2 poverty income guidelines published by the United States 3 department of health and human services. 4 b. Additionally, effective Effective July 1, 2000, and 5 notwithstanding any medical assistance program eligibility 6 criteria to the contrary, medical assistance shall be provided 7 to, or on behalf of, an eligible infant whose family income 8 does not exceed two hundred percent of the federal poverty 9 level, as defined by the most recently revised poverty income 10 guidelines published by the United States department of health 11 and human services. 12 c. Effective July 1, 2009, and notwithstanding any medical 13 assistance program eligibility criteria to the contrary, 14 medical assistance shall be provided to, or on behalf of, a 15 pregnant woman or an eligible child who is an infant and whose 16 family income is at or below three hundred percent of the 17 federal poverty level, as defined by the most recently revised 18 poverty income guidelines published by the United States 19 department of health and human services. 20 Sec. 116. Section 514I.8, subsection 2, paragraph c, Code 21 2013, is amended to read as follows: 22 c. Is a member of a family whose income does not exceed 23 three hundred percent of the federal poverty level, as defined 24 in 42 U.S.C. § 9902(2), including any revision required by 25 such section, and in accordance with the federal Children’s 26 Health Insurance Program Reauthorization Act of 2009, Pub. L. 27 No. 111-3. The modified adjusted gross income methodology 28 prescribed in section 2101 of the federal Patient Protection 29 and Affordable Care Act, Pub. L. No. 111-148, to determine 30 family income under this paragraph. 31 Sec. 117. Section 514I.8, subsections 3 and 4, Code 2013, 32 are amended to read as follows: 33 3. In accordance with the rules adopted by the board, 34 a child may be determined to be presumptively eligible for 35 -110- LSB 1004SB (1) 85 pf/jp 110/ 120
S.F. _____ the program pending a final eligibility determination. 1 Following final determination of eligibility by the 2 administrative contractor , a child shall be eligible for a 3 twelve-month period. At the end of the twelve-month period, 4 the administrative contractor shall conduct a review of the 5 circumstances of the eligible child’s family shall be conducted 6 to establish eligibility and cost sharing for the subsequent 7 twelve-month period. 8 4. Once an eligible child is enrolled in a plan, the 9 eligible child shall remain enrolled in the plan unless a 10 determination is made, according to criteria established by the 11 board, that the eligible child should be allowed to enroll in 12 another qualified child health plan or should be disenrolled. 13 An enrollee may request to change plans within ninety days of 14 initial enrollment for any reason and at any time for cause, as 15 defined in 42 C.F.R. § 438.56(d)(2). Otherwise, an enrollee 16 may change plan enrollment once a year on the enrollee’s 17 anniversary date. 18 Sec. 118. Section 514I.8, subsections 5 and 6, Code 2013, 19 are amended by striking the subsections. 20 Sec. 119. Section 514I.9, Code 2013, is amended to read as 21 follows: 22 514I.9 Program benefits. 23 1. Until June 30, 1999, the benefits provided under the 24 program shall be those benefits established by rule of the 25 board and in compliance with Tit. XXI of the federal Social 26 Security Act. 27 2. On or before June 30, 1999, the hawk-i board shall adopt 28 rules to amend the benefits package based upon review of the 29 results of the initial benefits package used. 30 3. Subsequent to June 30, 1999, the The hawk-i board shall 31 review the benefits package annually and shall determine 32 additions to or deletions from the benefits package offered. 33 The hawk-i board shall submit the recommendations to the 34 general assembly for any amendment to the benefits package. 35 -111- LSB 1004SB (1) 85 pf/jp 111/ 120
S.F. _____ 4. 2. Benefits, in addition to those required by rule, may 1 be provided to eligible children by a participating insurer if 2 the benefits are provided at no additional cost to the state. 3 Sec. 120. REPEAL. Section 225C.48, Code 2013, is repealed. 4 Sec. 121. EFFECTIVE DATE. The following provision or 5 provisions of this Act take effect December 31, 2013: 6 1. The section of this Act amending section 249A.3, 7 subsection 2, paragraph “a”, subparagraph (9). 8 DIVISION XXIV 9 OPTIONS —— ELDERLY PERSONS WITH AGGRESSIVE OR PSYCHIATRIC 10 BEHAVIORS 11 Sec. 122. FACILITY FOR ELDERLY PERSONS WITH AGGRESSIVE OR 12 PSYCHIATRIC BEHAVIORS —— COMMITTEE —— REPORT. 13 1. The department of inspections and appeals, in 14 conjunction with the department of human services, shall 15 establish and facilitate a committee of stakeholders to examine 16 options for designating a facility to provide care for elderly 17 persons in this state who are sexually aggressive, combative, 18 or have unmet geropsychiatric needs. 19 2. The membership of the committee shall include but is not 20 limited to the following: 21 a. Representatives of the departments of inspections and 22 appeals, human services, corrections, public health, and aging, 23 the state public defender, the office of the citizens’ aide, 24 the office of the state long-term care resident’s advocate, and 25 the judicial branch. 26 b. Consumers of services provided by long-term care 27 facilities and family members of consumers. 28 c. Representatives from leadingage Iowa, the Iowa health 29 care association, and the Iowa association of community 30 providers. 31 d. Direct care workers employed by long-term care 32 facilities. 33 e. Representatives from Iowa legal aid. 34 f. Representatives from AARP Iowa. 35 -112- LSB 1004SB (1) 85 pf/jp 112/ 120
S.F. _____ g. Representatives from the Iowa civil liberties union. 1 h. Other stakeholders as the department of inspections and 2 appeals and the department of human services deem appropriate. 3 3. The committee shall discuss whether a long-term care 4 facility, as defined in section 142D.2, should have the 5 ability to refuse admission to, or discharge, residents who are 6 sexually aggressive, combative, or have unmet geropsychiatric 7 needs. The committee shall consider options for establishment 8 of a facility to provide care for persons who are sexually 9 aggressive, combative, or have unmet geropsychiatric needs. 10 The committee shall identify the characteristics of residents 11 for such a facility, options for creating a new facility 12 to house such residents, options for the expansion of an 13 existing facility to house such residents, options for using 14 any alternative facilities for such residents, the workforce 15 and training necessary for the workforce in such facility, 16 options to qualify a facility for Medicaid reimbursement, cost 17 projections for any recommendations, and other information 18 deemed relevant by the department of inspections and appeals. 19 4. The committee shall provide a report detailing its 20 findings and recommendations to the governor and the general 21 assembly by December 15, 2013. 22 EXPLANATION 23 This bill relates to appropriations for health and human 24 services for FY 2013-2014 to the department of veterans 25 affairs, the Iowa veterans home, the department on aging, the 26 department of public health, Iowa finance authority, state 27 board of regents, department of inspections and appeals, 28 department of human rights, and the department of human 29 services (DHS). 30 The bill is organized into divisions. 31 DEPARTMENT ON AGING —— FY 2013-2014. This division makes 32 appropriations from the general fund of the state for the 33 department on aging for FY 2013-2014. 34 DEPARTMENT OF PUBLIC HEALTH —— FY 2013-2014. This division 35 -113- LSB 1004SB (1) 85 pf/jp 113/ 120
S.F. _____ makes appropriations from the general fund of the state for the 1 department of public health for FY 2013-2014. 2 DEPARTMENT OF VETERANS AFFAIRS —— FY 2013-2014. This 3 division makes appropriations from the general fund of the 4 state for the department of veterans affairs for FY 2013-2014. 5 DEPARTMENT OF HUMAN SERVICES —— FY 2013-2014. This division 6 makes appropriations from the general fund of the state, the 7 health care trust fund, and the federal temporary assistance 8 for needy families block grant to DHS. The allocation for the 9 family development and self-sufficiency grant program is made 10 directly to the department of human rights. The reimbursement 11 section addresses reimbursement for providers reimbursed by the 12 department of human services. 13 HEALTH CARE ACCOUNTS AND FUND —— FY 2013-2014. This division 14 makes health-related appropriations for fiscal year 2013-2014. 15 A number of the appropriations are made for purposes of the 16 medical assistance (Medicaid) program in addition to the 17 general fund appropriations made for this purpose for the same 18 fiscal year. 19 The appropriation from the pharmaceutical settlement account 20 to DHS supplements the Medicaid program medical contracts 21 appropriations. 22 The appropriations from the IowaCare account are made to the 23 state board of regents for distribution to the university of 24 Iowa hospitals and clinics and to DHS for distribution to a 25 publicly owned acute care teaching hospital in a county with a 26 population over 350,000. 27 The appropriation from the nonparticipating provider 28 reimbursement fund is made to DHS to reimburse nonparticipating 29 providers under the IowaCare program. 30 The appropriations made to supplement the Medicaid program 31 are from the quality assurance trust fund and the hospital 32 health care access trust fund. In addition, an appropriation 33 is made from the hospital health care access trust fund for the 34 nonparticipating provider reimbursement fund. 35 -114- LSB 1004SB (1) 85 pf/jp 114/ 120
S.F. _____ The division provides that if the total amounts appropriated 1 from all sources for the medical assistance program for fiscal 2 year 2013-2014 exceed the amount needed, the excess remains 3 available to be used for the program in the succeeding fiscal 4 year. 5 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 6 CONTINGENCY FUND —— FY 2013-2014. Approximately $20.6 million 7 of the moneys received from the federal government through the 8 child enrollment contingency fund established pursuant to the 9 federal Children’s Health Insurance Program Reauthorization 10 Act of 2009 are transferred to the rebuild Iowa infrastructure 11 fund and are appropriated to the department of administrative 12 services to be used to supplement infrastructure projects for 13 major repairs and major maintenance of state buildings and 14 facilities. 15 PRIOR YEAR APPROPRIATIONS. This division relates to 16 appropriations made for FY 2012-2013 or earlier. 17 An allocation for foster family respite services for FY 18 2012-2013 enacted in 2012 Iowa Acts, chapter 1133, section 22, 19 is amended to carry forward the allocation for the succeeding 20 fiscal year. 21 The Medicaid appropriation made from the general fund of the 22 state for FY 2012-2013 in 2011 Iowa Acts, chapter 129, section 23 122, is increased. In addition, a transfer of funds in that 24 appropriation to the IowaCare account is increased. 25 The appropriation made for FY 2012-2013 for adoption subsidy 26 payments and services in 2011 Iowa Acts, chapter 129, section 27 141, as amended by 2012 Iowa Acts, chapter 1133, section 23, 28 subsection 1, is increased. 29 The Medicaid program reimbursement provision setting a cap 30 on the nursing facility budget for FY 2012-2013, in 2011 Iowa 31 Acts, chapter 129, section 141, is increased. 32 The division takes effect upon enactment. 33 CHILD WELFARE AND CHILD CARE. This division includes 34 statutory changes involving child welfare and child care. 35 -115- LSB 1004SB (1) 85 pf/jp 115/ 120
S.F. _____ Code section 232.142, relating to county and multicounty 1 juvenile detention homes, is amended. The homes are subject to 2 approval by the director of the department of human services 3 and the bill limits the statewide number of beds in the homes 4 approved by the director to the number of beds in approved 5 homes as of July 1, 2012. 6 Code section 237A.13, relating to the state child care 7 assistance program, is amended. The program is administered 8 by DHS to furnish financial assistance for child care needs 9 provided to children in families with low income or other 10 special needs. Income eligibility requirements for the program 11 are outlined in a priority list specifying how a waiting list 12 is to be applied based on the availability of funding. The 13 current provision for employed families with an income of more 14 than 100 percent but not more than 145 percent of the federal 15 poverty level is increased to 148 percent. The standard period 16 for redetermining eligibility of a program participant is 17 changed to require the eligibility redetermination to be 12 18 months from the date of the eligibility determination and every 19 12 months thereafter. 20 AGING. This division relates to programs and services 21 involving the department on aging. 22 Code section 231.42, relating to the duties of the office 23 of long-term care resident’s advocate, is amended to provide a 24 standing appropriation of a financial penalty to the office. 25 Code section 231E.13, providing that implementation of the 26 substitute decision maker Act is subject to the availability 27 of funding, is repealed. 28 The division includes a contingent provision for 2013 Iowa 29 Acts, Senate File 184, if enacted, amending Code section 30 231.33, subsection 21, relating to an area agency on aging 31 complying with all applicable requirements of the Iowa public 32 employees’ retirement system (IPERS). The division provides 33 that an employee of an area agency on aging that was enrolled 34 in an alternative qualified plan prior to July 1, 2012, may 35 -116- LSB 1004SB (1) 85 pf/jp 116/ 120
S.F. _____ continue participation in that alternative qualified plan in 1 lieu of mandatory participation in the Iowa public employees’ 2 retirement system. This provision takes effect upon enactment 3 and applies retroactively to July 1, 2012. 4 The department is required to convene a task force on elder 5 abuse prevention and intervention to continue the work of a 6 previous task force on elder abuse. The task force is required 7 to develop an overall design for a comprehensive approach to 8 elder abuse prevention and intervention. The task force final 9 report is due to the governor and general assembly by December 10 31, 2013. The legislative council is requested to establish a 11 legislative interim committee to monitor the work of the task 12 force. 13 The department is also required to collaborate with 14 the national health law and policy resource center at the 15 university of Iowa college of law in establishing a three-year 16 pilot project to train, recruit, and oversee volunteers to 17 assist the courts in monitoring guardianships and conservators. 18 EMS TASK FORCE. This division requires the department 19 of public health to establish a task force to ensure the 20 availability of quality emergency medical services for this 21 date. The task force is required to submit a final report with 22 findings and recommendations to the governor, general assembly, 23 and others by April 30, 2014. 24 MEDICATION THERAPY MANAGEMENT. This division requires the 25 department of human services to enter into a contract for 26 the provision of medication therapy management services for 27 Medicaid program recipients who have chronic conditions and 28 take four or more prescription drugs or meet other criteria. 29 The division takes effect upon enactment. 30 HOSPITAL PROVIDER TAX. This division extends the sunset 31 provision providing for repeal of Code chapter 249M, relating 32 to the hospital health care access assessment program, from 33 June 30, 2013, to June 30, 2016. The division takes effect 34 upon enactment. 35 -117- LSB 1004SB (1) 85 pf/jp 117/ 120
S.F. _____ ILL AND HANDICAPPED WAIVER NAME CHANGE. This division 1 revises the name of the Medicaid program’s ill and handicapped 2 home and community-based services waiver to the health and 3 disability waiver in Code section 423.3, relating to the 4 exemptions from the streamlined sales and use tax Act. 5 MILLER TRUST. This division revises dollar amount and 6 income thresholds in Code chapter 633C, relating to Medicaid 7 special needs trusts and income trusts, known as Miller trusts. 8 The changes apply to trusts in existence on or after July 1, 9 2013. 10 FAMILY PLANNING WAIVER —— STATE PLAN. This division 11 relates to family planning services available under the 12 Medicaid program by requiring DHS to amend the state plan 13 for the program to include such services currently provided 14 through a federally approved demonstration waiver. The waiver 15 requirements outlined in 2010 Iowa Acts, chapter 1192, are 16 amended to specify the Medicaid program is the payer of last 17 resort if the recipient of services through the waiver has 18 health insurance coverage. The division takes effect upon 19 enactment and implementation is subject to federal approval. 20 MISCELLANEOUS HEALTH CARE AMENDMENTS. This division updates 21 various Medicaid program references throughout the Code to 22 distinguish between mandatory, optional, and discretionary 23 medical assistance. 24 ALZHEIMER’S COORDINATION AND STRATEGY. This division 25 relates to state-level coordination of a comprehensive response 26 strategy for Alzheimer’s disease. The division creates a new 27 Code chapter, Code chapter 135P, to direct that the department 28 of public health (DPH) is to develop and administer, and 29 provide for state-level coordination of, a comprehensive 30 Alzheimer’s disease response strategy. 31 AREA HEALTH EDUCATION CENTERS. This division creates an 32 area health education centers fund in the state treasury 33 as a separate fund under the control of the department of 34 public health. The moneys in the fund are appropriated to the 35 -118- LSB 1004SB (1) 85 pf/jp 118/ 120
S.F. _____ department to be distributed to a publicly owned acute care 1 teaching hospital located in a county with a population over 2 350,000 to subcontract with health care entities that host 3 AHECs to recruit and retain health care providers in rural and 4 underserved areas of the state. The funds distributed are to 5 be used to provide the nonfederal funding match requirement for 6 receipt of federal grants for AHECs from the federal health 7 resources and services administration of the United States 8 department of health and human services and to provide for 9 continuation of existing educational health care programs and 10 activities. 11 BREAST AND CERVICAL CANCER TREATMENT —— MEDICAID. This 12 division amends the coverage provisions under the Medicaid 13 program for breast and cervical cancer treatment to provide 14 that the required screening may be provided or funded by family 15 planning centers, community health centers, or nonprofit 16 organizations. The amendment also replaces the application of 17 the program to only women with application to any individuals. 18 The division also directs DHS to submit a Medicaid state plan 19 amendment to the centers for Medicare and Medicaid services 20 of the United States department of health and human services 21 to provide for applicability of the coverage to both men and 22 women. The division directs DHS to implement applicability 23 of the program to both women and men upon receipt of federal 24 approval. 25 HEALTH AND LONG-TERM CARE. This division amends Code 26 section 135.164, relating to the strategic plan for health care 27 delivery and health care workforce resources, to eliminate a 28 requirement for the department of public health to establish 29 a technical advisory committee. The division also directs 30 DPH to develop and submit cost projections for developing and 31 implementing the strategic plan by December 15, 2013. 32 AUTISM SUPPORT PROGRAM. This division requires the 33 department of human services to implement an autism support 34 program for children younger than age nine who are not eligible 35 -119- LSB 1004SB (1) 85 pf/jp 119/ 120
S.F. _____ for the Medicaid program and do not have private insurance 1 coverage. 2 CHILD, ADULT, AND FAMILY SERVICES —— DHS. This division 3 relates to child, adult, and family services under the purview 4 of the department of human services. 5 The division eliminates the comprehensive family support 6 council and strikes references to the council. 7 The division directs DHS to implement policies and 8 procedures necessary to comply with the federal Middle 9 Class Tax Relief and Job Creation Act of 2012, to prevent 10 family investment program assistance from being used in any 11 electronic benefit transfer transaction in a liquor store; a 12 casino, gambling casino, or gaming establishment; or a retail 13 establishment that provides adult-oriented entertainment. The 14 division also provides that an individual accessing benefits 15 through the family investment program in a way prohibited under 16 the policies and procedures implemented by the department 17 commits a fraudulent practice. 18 The division extends the repeal date of the IowaCare program 19 from October 31, 2013, to December 31, 2013. 20 The division amends provisions relating to the medical 21 assistance (Medicaid) and hawk-i programs to comply with 22 provisions of the federal Patient Protection and Affordable 23 Care Act (ACA). 24 OPTIONS —— ELDERLY PERSONS WITH AGGRESSIVE OR PSYCHIATRIC 25 BEHAVIORS. This division relates to housing of elderly persons 26 who are sexually aggressive or combative or who have unmet 27 geropsychiatric needs. The division directs the department of 28 inspections and appeals, in conjunction with the department 29 of human services, to establish and facilitate a committee 30 to address the placement or housing of such persons. The 31 committee must provide a report of findings and recommendations 32 to the governor and general assembly by December 15, 2013. 33 -120- LSB 1004SB (1) 85 pf/jp 120/ 120