Senate File 505 - Introduced SENATE FILE 505 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1288) A BILL FOR An Act relating to appropriations for health and human services 1 and veterans and including other related provisions and 2 appropriations, and including effective date and retroactive 3 and other applicability date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2653SV (2) 86 pf/rj
S.F. 505 DIVISION I 1 DEPARTMENT ON AGING —— FY 2015-2016 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, 2015, and ending June 30, 5 2016, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,436,066 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 31.00 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 is 30 transferred to the economic development authority for the Iowa 31 commission on volunteer services to be used for the retired and 32 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 2653SV (2) 86 pf/rj 1/ 207
S.F. 505 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, at least 23 $250,000 shall be used to fund the unmet needs identified 24 through Iowa’s aging and disability resource center network. 25 5. Of the funds appropriated in this section, at least 26 $600,000 shall be used to fund home and community-based 27 services through the area agencies on aging that enable older 28 individuals to avoid more costly utilization of residential or 29 institutional services and remain in their own homes. 30 6. Of the funds appropriated in this section, $850,000 31 shall be used for the purposes of chapter 231E and section 32 231.56A, of which $325,000 shall be used for the office of 33 substitute decision maker pursuant to chapter 231E, and the 34 remainder shall be distributed equally to the area agencies on 35 -2- LSB 2653SV (2) 86 pf/rj 2/ 207
S.F. 505 aging to administer the prevention of elder abuse, neglect, and 1 exploitation program pursuant to section 231.56A, in accordance 2 with the requirements of the federal Older Americans Act of 3 1965, 42 U.S.C. §3001 et seq., as amended. 4 DIVISION II 5 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2015-2016 6 Sec. 2. OFFICE OF LONG-TERM CARE OMBUDSMAN. 7 1. There is appropriated from the general fund of the state 8 to the office of long-term care ombudsman for the fiscal year 9 beginning July 1, 2015, and ending June 30, 2016, the following 10 amount, or so much thereof as is necessary, to be used for the 11 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,506,783 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 17 2. Of the funds appropriated in this section, $450,000 shall 18 be used to provide additional local long-term care ombudsmen. 19 3. The office of long-term care ombudsman and the department 20 of human services shall collaborate to develop a Medicaid 21 state plan amendment to provide for the claiming of federal 22 financial participation for office of long-term care ombudsman 23 activities that are performed to assist with administration of 24 the Medicaid program. The Medicaid state plan amendment shall 25 be submitted to the centers for Medicare and Medicaid services 26 of the United States department of health and human services in 27 a timely manner to allow for such claiming of federal financial 28 participation beginning January 1, 2016. 29 DIVISION III 30 DEPARTMENT OF PUBLIC HEALTH —— FY 2015-2016 31 Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 32 from the general fund of the state to the department of public 33 health for the fiscal year beginning July 1, 2015, and ending 34 June 30, 2016, the following amounts, or so much thereof as is 35 -3- LSB 2653SV (2) 86 pf/rj 3/ 207
S.F. 505 necessary, to be used for the purposes designated: 1 1. ADDICTIVE DISORDERS 2 For reducing the prevalence of the use of tobacco, alcohol, 3 and other drugs, and treating individuals affected by addictive 4 behaviors, including gambling, and for not more than the 5 following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,263,690 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 8 a. (1) Of the funds appropriated in this subsection, 9 $5,248,361 shall be used for the tobacco use prevention 10 and control initiative, including efforts at the state and 11 local levels, as provided in chapter 142A . The commission 12 on tobacco use prevention and control established pursuant 13 to section 142A.3 shall advise the director of public health 14 in prioritizing funding needs and the allocation of moneys 15 appropriated for the programs and initiatives. Activities 16 of the programs and initiatives shall be in alignment with 17 the United States centers for disease control and prevention 18 best practices for comprehensive tobacco control programs that 19 include the goals of preventing youth initiation of tobacco 20 usage, reducing exposure to secondhand smoke, and promotion of 21 tobacco cessation. 22 (2) (a) Of the funds allocated in this paragraph “a”, 23 $453,067 is transferred to the alcoholic beverages division of 24 the department of commerce for enforcement of tobacco laws, 25 regulations, and ordinances and to engage in tobacco control 26 activities approved by the division of tobacco use prevention 27 and control of the department of public health as specified 28 in the memorandum of understanding entered into between the 29 divisions. 30 (b) For the fiscal year beginning July 1, 2015, and ending 31 June 30, 2016, the terms of the memorandum of understanding, 32 entered into between the division of tobacco use prevention 33 and control of the department of public health and the 34 alcoholic beverages division of the department of commerce, 35 -4- LSB 2653SV (2) 86 pf/rj 4/ 207
S.F. 505 governing compliance checks conducted to ensure licensed retail 1 tobacco outlet conformity with tobacco laws, regulations, and 2 ordinances relating to persons under eighteen years of age, 3 shall continue to restrict the number of such checks to one 4 check per retail outlet, and one additional check for any 5 retail outlet found to be in violation during the first check. 6 b. Of the funds appropriated in this subsection, 7 $22,015,329 shall be used for problem gambling and 8 substance-related disorder prevention, treatment, and recovery 9 services, including a 24-hour helpline, public information 10 resources, professional training, and program evaluation. 11 (1) Of the funds allocated in this paragraph “b”, 12 $18,903,715 shall be used for substance-related disorder 13 prevention and treatment. 14 (a) Of the funds allocated in this subparagraph (1), 15 $899,300 shall be used for the public purpose of a grant 16 program to provide substance-related disorder prevention 17 programming for children. 18 (i) Of the funds allocated in this subparagraph division 19 (a), $427,539 shall be used for grant funding for organizations 20 that provide programming for children by utilizing mentors. 21 Programs approved for such grants shall be certified or must 22 be certified within six months of receiving the grant award 23 by the Iowa commission on volunteer services as utilizing the 24 standards for effective practice for mentoring programs. 25 (ii) Of the funds allocated in this subparagraph division 26 (a), $426,839 shall be used for grant funding for organizations 27 providing programming that includes youth development and 28 leadership services. The programs shall also be recognized as 29 being programs that are scientifically based with evidence of 30 their effectiveness in reducing substance-related disorders in 31 children. 32 (iii) The department of public health shall utilize a 33 request for proposals process to implement the grant program. 34 (iv) All grant recipients shall participate in a program 35 -5- LSB 2653SV (2) 86 pf/rj 5/ 207
S.F. 505 evaluation as a requirement for receiving grant funds. 1 (v) Of the funds allocated in this subparagraph division 2 (a), up to $44,922 may be used to administer substance-related 3 disorder prevention grants and for program evaluations. 4 (b) Of the funds allocated in this subparagraph 5 (1), $272,603 shall be used for culturally competent 6 substance-related disorder treatment pilot projects. 7 (i) The department shall utilize the amount allocated 8 in this subparagraph division (b) for at least three pilot 9 projects to provide culturally competent substance-related 10 disorder treatment in various areas of the state. Each pilot 11 project shall target a particular ethnic minority population. 12 The populations targeted shall include but are not limited to 13 African American, Asian, and Latino. 14 (ii) The pilot project requirements shall provide for 15 documentation or other means to ensure access to the cultural 16 competence approach used by a pilot project so that such 17 approach can be replicated and improved upon in successor 18 programs. 19 (2) Of the funds allocated in this paragraph “b”, up 20 to $3,111,614 may be used for problem gambling prevention, 21 treatment, and recovery services. 22 (a) Of the funds allocated in this subparagraph (2), 23 $2,573,762 shall be used for problem gambling prevention and 24 treatment. 25 (b) Of the funds allocated in this subparagraph (2), up to 26 $437,852 may be used for a 24-hour helpline, public information 27 resources, professional training, and program evaluation. 28 (c) Of the funds allocated in this subparagraph (2), up 29 to $100,000 may be used for the licensing of problem gambling 30 treatment programs. 31 (3) It is the intent of the general assembly that from the 32 moneys allocated in this paragraph “b”, persons with a dual 33 diagnosis of substance-related disorder and gambling addiction 34 shall be given priority in treatment services. 35 -6- LSB 2653SV (2) 86 pf/rj 6/ 207
S.F. 505 c. Notwithstanding any provision of law to the contrary, 1 to standardize the availability, delivery, cost of delivery, 2 and accountability of problem gambling and substance-related 3 disorder treatment services statewide, the department shall 4 continue implementation of a process to create a system 5 for delivery of treatment services in accordance with the 6 requirements specified in 2008 Iowa Acts, chapter 1187, section 7 3, subsection 4. To ensure the system provides a continuum 8 of treatment services that best meets the needs of Iowans, 9 the problem gambling and substance-related disorder treatment 10 services in any area may be provided either by a single agency 11 or by separate agencies submitting a joint proposal. 12 (1) The system for delivery of substance-related disorder 13 and problem gambling treatment shall include problem gambling 14 prevention. 15 (2) The system for delivery of substance-related disorder 16 and problem gambling treatment shall include substance-related 17 disorder prevention by July 1, 2016. 18 (3) Of the funds allocated in paragraph “b”, the department 19 may use up to $100,000 for administrative costs to continue 20 developing and implementing the process in accordance with this 21 paragraph “c”. 22 d. The requirement of section 123.53, subsection 5 , is met 23 by the appropriations and allocations made in this division of 24 this Act for purposes of substance-related disorder treatment 25 and addictive disorders for the fiscal year beginning July 1, 26 2015. 27 e. The department of public health shall work with all 28 other departments that fund substance-related disorder 29 prevention and treatment services and all such departments 30 shall, to the extent necessary, collectively meet the state 31 maintenance of effort requirements for expenditures for 32 substance-related disorder services as required under the 33 federal substance-related disorder prevention and treatment 34 block grant. 35 -7- LSB 2653SV (2) 86 pf/rj 7/ 207
S.F. 505 2. HEALTHY CHILDREN AND FAMILIES 1 For promoting the optimum health status for children, 2 adolescents from birth through 21 years of age, and families, 3 and for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,331,602 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 7 a. Of the funds appropriated in this subsection, not more 8 than $734,841 shall be used for the healthy opportunities for 9 parents to experience success (HOPES)-healthy families Iowa 10 (HFI) program established pursuant to section 135.106 . The 11 funding shall be distributed to renew the grants that were 12 provided to the grantees that operated the program during the 13 fiscal year ending June 30, 2015. 14 b. In order to implement the legislative intent stated in 15 sections 135.106 and 256I.9 , that priority for home visitation 16 program funding be given to programs using evidence-based or 17 promising models for home visitation, it is the intent of the 18 general assembly to phase in the funding priority in accordance 19 with 2012 Iowa Acts, chapter 1133, section 2, subsection 2, 20 paragraph 0b. 21 c. Of the funds appropriated in this subsection, $4,912,887 22 shall be used to expand statewide the department’s initiative 23 to provide for adequate developmental surveillance and 24 screening during a child’s first five years. The funds shall 25 be used first to fully fund the current sites to ensure that 26 the sites are fully operational, with the remaining funds 27 to be used for expansion to additional sites. The full 28 implementation and expansion shall include enhancing the scope 29 of the program through collaboration with the child health 30 specialty clinics to promote healthy child development through 31 early identification and response to both biomedical and social 32 determinants of healthy development; by monitoring child 33 health metrics to inform practice, document long-term health 34 impacts and savings, and provide for continuous improvement 35 -8- LSB 2653SV (2) 86 pf/rj 8/ 207
S.F. 505 through training, education, and evaluation; and by providing 1 for practitioner consultation particularly for children with 2 behavioral conditions and needs. The department of public 3 health shall also collaborate with the Iowa Medicaid enterprise 4 and the child health specialty clinics to integrate the 5 activities of the first five initiative into the establishment 6 of patient-centered medical homes, community utilities, 7 accountable care organizations, and other integrated care 8 models developed to improve health quality and population 9 health while reducing health care costs. To the maximum extent 10 possible, funding allocated in this paragraph shall be utilized 11 as matching funds for medical assistance program reimbursement. 12 d. Of the funds appropriated in this subsection, $74,640 13 shall be distributed to a statewide dental carrier to provide 14 funds to continue the donated dental services program patterned 15 after the projects developed by the lifeline network to provide 16 dental services to indigent individuals who are elderly or with 17 disabilities. 18 e. Of the funds appropriated in this subsection, $111,995 19 shall be used for childhood obesity prevention. 20 f. Of the funds appropriated in this subsection, $162,768 21 shall be used to provide audiological services and hearing 22 aids for children. The department may enter into a contract 23 to administer this paragraph. 24 g. Of the funds appropriated in this subsection, $25,000 is 25 transferred to the university of Iowa college of dentistry for 26 provision of primary dental services to children. State funds 27 shall be matched on a dollar-for-dollar basis. The university 28 of Iowa college of dentistry shall coordinate efforts with the 29 department of public health, bureau of oral and health delivery 30 systems, to provide dental care to underserved populations 31 throughout the state. 32 h. Of the funds appropriated in this subsection, $50,000 33 shall be used to address youth suicide prevention. 34 i. Of the funds appropriated in this subsection, $50,000 35 -9- LSB 2653SV (2) 86 pf/rj 9/ 207
S.F. 505 shall be used to support the Iowa effort to address the survey 1 of children who experience adverse childhood experiences known 2 as ACEs. 3 3. CHRONIC CONDITIONS 4 For serving individuals identified as having chronic 5 conditions or special health care needs, and for not more than 6 the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,105,861 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 9 a. Of the funds appropriated in this subsection, $159,932 10 shall be used for grants to individual patients who have an 11 inherited metabolic disorder to assist with the costs of 12 medically necessary foods and formula. 13 b. Of the funds appropriated in this subsection, $891,644 14 shall be used for the brain injury services program pursuant to 15 section 135.22B , including for continuation of the contracts 16 for resource facilitator services in accordance with section 17 135.22B, subsection 9 , and to enhance brain injury training and 18 recruitment of service providers on a statewide basis. Of the 19 amount allocated in this paragraph, $95,000 shall be used to 20 fund one full-time equivalent position to serve as the state 21 brain injury services program manager. 22 c. Of the funds appropriated in this subsection, $547,982 23 shall be used as additional funding to leverage federal funding 24 through the federal Ryan White Care Act, Tit. II, AIDS drug 25 assistance program supplemental drug treatment grants. 26 d. Of the funds appropriated in this subsection, $149,823 27 shall be used for the public purpose of continuing to contract 28 with an existing national-affiliated organization to provide 29 education, client-centered programs, and client and family 30 support for people living with epilepsy and their families. 31 The amount allocated in this paragraph in excess of $100,000 32 shall be matched dollar-for-dollar by the organization 33 specified. 34 e. Of the funds appropriated in this subsection, $785,114 35 -10- LSB 2653SV (2) 86 pf/rj 10/ 207
S.F. 505 shall be used for child health specialty clinics. 1 f. Of the funds appropriated in this subsection, $400,000 2 shall be used by the regional autism assistance program 3 established pursuant to section 256.35 , and administered by 4 the child health specialty clinic located at the university of 5 Iowa hospitals and clinics. The funds shall be used to enhance 6 interagency collaboration and coordination of educational, 7 medical, and other human services for persons with autism, 8 their families, and providers of services, including delivering 9 regionalized services of care coordination, family navigation, 10 and integration of services through the statewide system of 11 regional child health specialty clinics and fulfilling other 12 requirements as specified in chapter 225D . The university of 13 Iowa shall not receive funds allocated under this paragraph for 14 indirect costs associated with the regional autism assistance 15 program. 16 g. Of the funds appropriated in this subsection, $570,993 17 shall be used for the comprehensive cancer control program to 18 reduce the burden of cancer in Iowa through prevention, early 19 detection, effective treatment, and ensuring quality of life. 20 Of the funds allocated in this paragraph “g”, $150,000 shall 21 be used to support a melanoma research symposium, a melanoma 22 biorepository and registry, basic and translational melanoma 23 research, and clinical trials. 24 h. Of the funds appropriated in this subsection, $126,450 25 shall be used for cervical and colon cancer screening, and 26 $300,000 shall be used to enhance the capacity of the cervical 27 cancer screening program to include provision of recommended 28 prevention and early detection measures to a broader range of 29 low-income women. 30 i. Of the funds appropriated in this subsection, $676,864 31 shall be used for the center for congenital and inherited 32 disorders including to provide for surveillance of stillbirths 33 as defined in section 136A.2. 34 j. Of the funds appropriated in this subsection, $129,411 35 -11- LSB 2653SV (2) 86 pf/rj 11/ 207
S.F. 505 shall be used for the prescription drug donation repository 1 program created in chapter 135M . 2 k. Of the funds appropriated in this subsection, 3 $215,263 shall be used by the department of public health 4 for reform-related activities, including but not limited to 5 facilitation of communication to stakeholders at the state and 6 local level, administering the patient-centered health advisory 7 council pursuant to section 135.159, and involvement in health 8 care system innovation activities occurring across the state. 9 l. Of the funds appropriated in this subsection, $25,000 10 shall be used for administration of chapter 124D, the medical 11 cannabidiol Act, or other Code provisions authorizing the 12 compassionate medical use of cannabis, if enacted by the 2015 13 regular session of the Eighty-sixth General Assembly. 14 4. COMMUNITY CAPACITY 15 For strengthening the health care delivery system at the 16 local level, and for not more than the following full-time 17 equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,719,716 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 20 a. Of the funds appropriated in this subsection, $99,414 21 is allocated for continuation of the child vision screening 22 program implemented through the university of Iowa hospitals 23 and clinics in collaboration with early childhood Iowa areas. 24 The program shall submit a report to the individuals identified 25 in this Act for submission of reports regarding the use of 26 funds allocated under this paragraph “a”. The report shall 27 include the objectives and results for the program year 28 including the target population and how the funds allocated 29 assisted the program in meeting the objectives; the number, 30 age, and location within the state of individuals served; 31 the type of services provided to the individuals served; the 32 distribution of funds based on service provided; and the 33 continuing needs of the program. 34 b. Of the funds appropriated in this subsection, $110,656 is 35 -12- LSB 2653SV (2) 86 pf/rj 12/ 207
S.F. 505 allocated for continuation of an initiative implemented at the 1 university of Iowa and $99,904 is allocated for continuation of 2 an initiative at the state mental health institute at Cherokee 3 to expand and improve the workforce engaged in mental health 4 treatment and services. The initiatives shall receive input 5 from the university of Iowa, the department of human services, 6 the department of public health, and the mental health and 7 disability services commission to address the focus of the 8 initiatives. 9 c. Of the funds appropriated in this subsection, $1,164,628 10 shall be used for essential public health services that promote 11 healthy aging throughout one’s lifespan, contracted through a 12 formula for local boards of health, to enhance health promotion 13 and disease prevention services. 14 d. Of the funds appropriated in this section, $99,286 shall 15 be deposited in the governmental public health system fund 16 created in section 135A.8 to be used for the purposes of the 17 fund. 18 e. Of the funds appropriated in this subsection, $105,448 19 shall be used to continue to address the shortage of mental 20 health professionals in the state. 21 f. Of the funds appropriated in this subsection, 22 $50,000 shall be used for a grant to a statewide association 23 of psychologists that is affiliated with the American 24 psychological association to be used for continuation of a 25 program to rotate intern psychologists in placements in urban 26 and rural mental health professional shortage areas, as defined 27 in section 135.180 . 28 g. (1) Of the funds appropriated in this subsection, 29 $2,882,969 shall be allocated as a grant to the Iowa primary 30 care association to be used pursuant to section 135.153 for 31 the statewide coordination of the Iowa collaborative safety 32 net provider network. Coordination of the network shall 33 focus on increasing access by underserved populations to 34 health care services, increasing integration of the health 35 -13- LSB 2653SV (2) 86 pf/rj 13/ 207
S.F. 505 system and collaboration across the continuum of care with 1 a focus on safety net services, and enhancing the Iowa 2 collaborative safety net provider network’s communication and 3 education efforts. The amount allocated as a grant under this 4 subparagraph (1) shall be used as follows to support the Iowa 5 collaborative safety net provider network goals of increased 6 access, health system integration, and engagement: 7 (a) For distribution to safety net partners in the state 8 that work to increase access of the underserved population to 9 health services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,025,485 11 (i) Of the amount allocated in this subparagraph 12 division (a), up to $413,415 shall be distributed to the 13 Iowa prescription drug corporation for continuation of the 14 pharmaceutical infrastructure for safety net providers as 15 described in 2007 Iowa Acts, chapter 218, section 108. 16 (ii) Of the amount allocated in this subparagraph division 17 (a), up to $348,322 shall be distributed to free clinics and 18 free clinics of Iowa for necessary infrastructure, statewide 19 coordination, provider recruitment, service delivery, and 20 provision of assistance to patients in securing a medical home 21 inclusive of oral health care. 22 (iii) Of the amount allocated in this subparagraph 23 division (a), up to $50,000 shall be distributed to the 24 Iowa coalition against sexual assault to continue a training 25 program for sexual assault response team (SART) members, 26 including representatives of law enforcement, victim advocates, 27 prosecutors, and certified medical personnel. 28 (iv) Of the amount allocated in this subparagraph division 29 (a), up to $213,748 shall be distributed to the Polk county 30 medical society for continuation of the safety net provider 31 patient access to a specialty health care initiative as 32 described in 2007 Iowa Acts, chapter 218, section 109. 33 (b) For distribution to safety net partners in the 34 state that work to increase health system integration, care 35 -14- LSB 2653SV (2) 86 pf/rj 14/ 207
S.F. 505 coordination, and collaboration across the continuum of care 1 with a focus on safety net services. Such efforts shall 2 include but not be limited to community care coordination team 3 development and integration of medical and behavioral health 4 services. Efforts shall also include working, in conjunction 5 with the department of human services and the department 6 of public health, to support Medicaid managed care efforts 7 inclusive of the state innovation model through the continued 8 development and implementation of community care coordination 9 teams. Implementation of the community care coordination 10 teams shall be accomplished through a statewide regionally 11 based network that provides an integrated approach to health 12 care delivery through care coordination that supports primary 13 care providers and links patients with community resources 14 necessary to empower patients in addressing biomedical and 15 social determinants of health to improve health outcomes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,672,199 17 (c) For distribution to safety net partners in the state 18 that work to serve as a resource for credible, accurate 19 information on health care-related needs and services 20 for vulnerable populations in the state including the 21 Iowa association of rural health clinics for necessary 22 infrastructure and service delivery transformation and the Iowa 23 primary care association to support partner engagement, program 24 management, and statewide coordination of the network: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 185,285 26 (2) The amount allocated under this paragraph “g” shall 27 not be reduced for administrative or other costs prior to 28 distribution. The Iowa collaborative safety net provider 29 network may continue to distribute funds allocated pursuant to 30 this paragraph “g” through existing contracts or renewal of 31 existing contracts. 32 (3) For each goal of the Iowa collaborative safety net 33 provider network, the Iowa primary care association shall 34 submit a progress report to the individuals designated in this 35 -15- LSB 2653SV (2) 86 pf/rj 15/ 207
S.F. 505 Act for submission of reports by December 15, 2015, including 1 progress in developing and implementing the network, how the 2 funds were distributed and used in developing and implementing 3 the network, and the remaining needs identified to fully 4 develop and implement the network. 5 h. Of the funds appropriated in this subsection, $213,400 6 shall be used for continuation of the work of the direct care 7 worker advisory council established pursuant to 2008 Iowa Acts, 8 chapter 1188, section 69, in implementing the recommendations 9 in the final report submitted by the advisory council to the 10 governor and the general assembly in March 2012, including 11 by continuing to develop, promote, and make available on a 12 statewide basis the prepare-to-care core curriculum and its 13 associated modules and specialties through various formats 14 including online access, community colleges, and other venues; 15 exploring new and maintaining existing specialties including 16 but not limited to oral health and dementia care; supporting 17 instructor training; and assessing and making recommendations 18 concerning the Iowa care book and information technology 19 systems and infrastructure uses and needs. 20 i. (1) Of the funds appropriated in this subsection, 21 $216,375 shall be used for allocation to an independent 22 statewide direct care worker organization under continuation 23 of the contract in effect during the fiscal year ending June 24 30, 2015. 25 (2) Of the funds appropriated in this subsection, 26 $105,000 shall be used to provide scholarships or other 27 forms of subsidization for direct care worker educational 28 conferences, training, or outreach activities, and for the 29 mouth-care-matters oral health care project. 30 j. Of the funds appropriated in this subsection, the 31 department may use up to $58,175 for up to one full-time 32 equivalent position to administer the volunteer health care 33 provider program pursuant to section 135.24 . 34 k. Of the funds appropriated in this subsection, $100,000 35 -16- LSB 2653SV (2) 86 pf/rj 16/ 207
S.F. 505 shall be used for a matching dental education loan repayment 1 program to be allocated to a dental nonprofit health service 2 corporation to continue to develop the criteria and implement 3 the loan repayment program. 4 l. Of the funds appropriated in this subsection, $105,823 is 5 transferred to the college student aid commission for deposit 6 in the rural Iowa primary care trust fund created in section 7 261.113 to be used for the purposes of the fund. 8 m. Of the funds appropriated in this subsection, $250,000 9 shall be used for the purposes of the Iowa donor registry as 10 specified in section 142C.18 . 11 n. Of the funds appropriated in this subsection, $100,000 12 shall be used for continuation of a grant to a nationally 13 affiliated volunteer eye organization that has an established 14 program for children and adults and that is solely dedicated to 15 preserving sight and preventing blindness through education, 16 nationally certified vision screening and training, and 17 community and patient service programs. The organization 18 shall submit a report to the individuals identified in this 19 Act for submission of reports regarding the use of funds 20 allocated under this paragraph “n”. The report shall include 21 the objectives and results for the program year including 22 the target population and how the funds allocated assisted 23 the program in meeting the objectives; the number, age, and 24 location within the state of individuals served; the type of 25 services provided to the individuals served; the distribution 26 of funds based on services provided; and the continuing needs 27 of the program. 28 o. Of the funds appropriated in this subsection, $25,000 29 shall be used for the continuation of a wellness council under 30 the direction of the director of public health to increase 31 support for wellness activities in the state. 32 p. Of the funds appropriated in this subsection, $2,000,000 33 shall be deposited in the medical residency training account 34 created in section 135.175, subsection 5, paragraph “a” , and 35 -17- LSB 2653SV (2) 86 pf/rj 17/ 207
S.F. 505 is appropriated from the account to the department of public 1 health to be used for the purposes of the medical residency 2 training state matching grants program as specified in section 3 135.176 . However, notwithstanding any provision to the 4 contrary in section 135.176, priority in the awarding of grants 5 shall be given to sponsors that propose preference in the use 6 of the grant funds for psychiatric residency positions and 7 family practice residency positions. 8 5. HEALTHY AGING 9 To provide public health services that reduce risks and 10 invest in promoting and protecting good health over the 11 course of a lifetime with a priority given to older Iowans and 12 vulnerable populations: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,297,142 14 6. INFECTIOUS DISEASES 15 For reducing the incidence and prevalence of communicable 16 diseases, and for not more than the following full-time 17 equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,335,155 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 20 7. PUBLIC PROTECTION 21 For protecting the health and safety of the public through 22 establishing standards and enforcing regulations, and for not 23 more than the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,339,191 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 135.50 26 a. Of the funds appropriated in this subsection, not more 27 than $454,700 shall be credited to the emergency medical 28 services fund created in section 135.25 . Moneys in the 29 emergency medical services fund are appropriated to the 30 department to be used for the purposes of the fund. 31 b. Of the funds appropriated in this subsection, $203,032 32 shall be used for sexual violence prevention programming 33 through a statewide organization representing programs 34 serving victims of sexual violence through the department’s 35 -18- LSB 2653SV (2) 86 pf/rj 18/ 207
S.F. 505 sexual violence prevention program. The amount allocated 1 in this paragraph “b” shall not be used to supplant funding 2 administered for other sexual violence prevention or victims 3 assistance programs. 4 c. Of the funds appropriated in this subsection, $598,751 5 shall be used for the state poison control center. Pursuant 6 to the directive under 2014 Iowa Acts, chapter 1140, section 7 102, the federal matching funds available to the state poison 8 control center from the department of human services under the 9 federal Children’s Health Insurance Program Reauthorization Act 10 allotment shall be subject to the federal administrative cap 11 rule of 10 percent applicable to funding provided under Tit. 12 XXI of the federal Social Security Act and included within the 13 department’s calculations of the cap. 14 d. Of the funds appropriated in this subsection, $537,750 15 shall be used for childhood lead poisoning provisions. 16 8. RESOURCE MANAGEMENT 17 For establishing and sustaining the overall ability of the 18 department to deliver services to the public, and for not more 19 than the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 855,072 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 22 The university of Iowa hospitals and clinics under the 23 control of the state board of regents shall not receive 24 indirect costs from the funds appropriated in this section. 25 The university of Iowa hospitals and clinics billings to the 26 department shall be on at least a quarterly basis. 27 DIVISION IV 28 DEPARTMENT OF VETERANS AFFAIRS —— FY 2015-2016 29 Sec. 4. DEPARTMENT OF VETERANS AFFAIRS. There is 30 appropriated from the general fund of the state to the 31 department of veterans affairs for the fiscal year beginning 32 July 1, 2015, and ending June 30, 2016, the following amounts, 33 or so much thereof as is necessary, to be used for the purposes 34 designated: 35 -19- LSB 2653SV (2) 86 pf/rj 19/ 207
S.F. 505 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 1 For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,546 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 6 2. IOWA VETERANS HOME 7 For salaries, support, maintenance, and miscellaneous 8 purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,594,996 10 a. The Iowa veterans home billings involving the department 11 of human services shall be submitted to the department on at 12 least a monthly basis. 13 b. If there is a change in the employer of employees 14 providing services at the Iowa veterans home under a collective 15 bargaining agreement, such employees and the agreement shall 16 be continued by the successor employer as though there had not 17 been a change in employer. 18 c. Within available resources and in conformance with 19 associated state and federal program eligibility requirements, 20 the Iowa veterans home may implement measures to provide 21 financial assistance to or on behalf of veterans or their 22 spouses who are participating in the community reentry program. 23 d. The Iowa veterans home expenditure report shall be 24 submitted monthly to the legislative services agency. 25 3. HOME OWNERSHIP ASSISTANCE PROGRAM 26 For transfer to the Iowa finance authority for the 27 continuation of the home ownership assistance program for 28 persons who are or were eligible members of the armed forces of 29 the United States, pursuant to section 16.54 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 31 Sec. 5. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS 32 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 33 appropriation in section 35A.16 for the fiscal year beginning 34 July 1, 2015, and ending June 30, 2016, the amount appropriated 35 -20- LSB 2653SV (2) 86 pf/rj 20/ 207
S.F. 505 from the general fund of the state pursuant to that section 1 for the following designated purposes shall not exceed the 2 following amount: 3 For the county commissions of veteran affairs fund under 4 section 35A.16 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 6 DIVISION V 7 DEPARTMENT OF HUMAN SERVICES —— FY 2015-2016 8 Sec. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 9 GRANT. There is appropriated from the fund created in section 10 8.41 to the department of human services for the fiscal year 11 beginning July 1, 2015, and ending June 30, 2016, from moneys 12 received under the federal temporary assistance for needy 13 families (TANF) block grant pursuant to the federal Personal 14 Responsibility and Work Opportunity Reconciliation Act of 1996, 15 Pub. L. No. 104-193, and successor legislation, the following 16 amounts, or so much thereof as is necessary, to be used for the 17 purposes designated: 18 1. To be credited to the family investment program account 19 and used for assistance under the family investment program 20 under chapter 239B : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,136,995 22 2. To be credited to the family investment program account 23 and used for the job opportunities and basic skills (JOBS) 24 program and implementing family investment agreements in 25 accordance with chapter 239B : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,138,178 27 3. To be used for the family development and 28 self-sufficiency grant program in accordance with section 29 216A.107 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 31 Notwithstanding section 8.33 , moneys appropriated in this 32 subsection that remain unencumbered or unobligated at the close 33 of the fiscal year shall not revert but shall remain available 34 for expenditure for the purposes designated until the close of 35 -21- LSB 2653SV (2) 86 pf/rj 21/ 207
S.F. 505 the succeeding fiscal year. However, unless such moneys are 1 encumbered or obligated on or before September 30, 2016, the 2 moneys shall revert. 3 4. For field operations: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 5 5. For general administration: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 7 6. For state child care assistance: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,047,110 9 a. Of the funds appropriated in this subsection, 10 $26,328,097 is transferred to the child care and development 11 block grant appropriation made by the Eighty-sixth General 12 Assembly, 2015 Session, for the federal fiscal year beginning 13 October 1, 2015, and ending September 30, 2016. Of this 14 amount, $200,000 shall be used for provision of educational 15 opportunities to registered child care home providers in order 16 to improve services and programs offered by this category 17 of providers and to increase the number of providers. The 18 department may contract with institutions of higher education 19 or child care resource and referral centers to provide 20 the educational opportunities. Allowable administrative 21 costs under the contracts shall not exceed 5 percent. The 22 application for a grant shall not exceed two pages in length. 23 b. Any funds appropriated in this subsection remaining 24 unallocated shall be used for state child care assistance 25 payments for families who are employed including but not 26 limited to individuals enrolled in the family investment 27 program. 28 7. For distribution to counties and regions through the 29 property tax relief fund for mental health and disability 30 services as provided in an appropriation made for this purpose: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,894,052 32 8. For child and family services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,084,430 34 9. For child abuse prevention grants: 35 -22- LSB 2653SV (2) 86 pf/rj 22/ 207
S.F. 505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 1 10. For pregnancy prevention grants on the condition that 2 family planning services are funded: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 4 Pregnancy prevention grants shall be awarded to programs 5 in existence on or before July 1, 2015, if the programs have 6 demonstrated positive outcomes. Grants shall be awarded to 7 pregnancy prevention programs which are developed after July 8 1, 2015, if the programs are based on existing models that 9 have demonstrated positive outcomes. Grants shall comply with 10 the requirements provided in 1997 Iowa Acts, chapter 208, 11 section 14, subsections 1 and 2, including the requirement that 12 grant programs must emphasize sexual abstinence. Priority in 13 the awarding of grants shall be given to programs that serve 14 areas of the state which demonstrate the highest percentage of 15 unplanned pregnancies of females of childbearing age within the 16 geographic area to be served by the grant. 17 11. For technology needs and other resources necessary 18 to meet federal welfare reform reporting, tracking, and case 19 management requirements: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 21 12. For the family investment program share of the costs to 22 continue to develop and maintain a new, integrated eligibility 23 determination system: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,654,880 25 13. a. Notwithstanding any provision to the contrary, 26 including but not limited to requirements in section 8.41 or 27 provisions in 2014 or 2015 Iowa Acts regarding the receipt and 28 appropriation of federal block grants, federal funds from the 29 temporary assistance for needy families block grant received by 30 the state and not otherwise appropriated in this section and 31 remaining available for the fiscal year beginning July 1, 2015, 32 are appropriated to the department of human services to the 33 extent as may be necessary to be used in the following priority 34 order: the family investment program, for state child care 35 -23- LSB 2653SV (2) 86 pf/rj 23/ 207
S.F. 505 assistance program payments for families who are employed, and 1 for the family investment program share of costs to develop and 2 maintain a new, integrated eligibility determination system. 3 The federal funds appropriated in this paragraph “a” shall be 4 expended only after all other funds appropriated in subsection 5 1 for the assistance under the family investment program, 6 in subsection 6 for child care assistance, or in subsection 7 12 for the family investment program share of the costs to 8 continue to develop and maintain a new, integrated eligibility 9 determination system, as applicable, have been expended. For 10 the purposes of this subsection, the funds appropriated in 11 subsection 6, paragraph “a”, for transfer to the child care 12 and development block grant appropriation are considered fully 13 expended when the full amount has been transferred. 14 b. The department shall, on a quarterly basis, advise the 15 legislative services agency and department of management of 16 the amount of funds appropriated in this subsection that was 17 expended in the prior quarter. 18 14. Of the amounts appropriated in this section, 19 $12,962,008 for the fiscal year beginning July 1, 2015, is 20 transferred to the appropriation of the federal social services 21 block grant made to the department of human services for that 22 fiscal year. 23 15. For continuation of the program providing categorical 24 eligibility for the food assistance program as specified for 25 the program in the section of this division of this 2015 Act 26 relating to the family investment program account: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 28 16. The department may transfer funds allocated in this 29 section to the appropriations made in this division of this Act 30 for 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 -24- LSB 2653SV (2) 86 pf/rj 24/ 207
S.F. 505 fund of the state. 1 Sec. 7. FAMILY INVESTMENT PROGRAM ACCOUNT. 2 1. Moneys credited to the family investment program (FIP) 3 account for the fiscal year beginning July 1, 2015, and 4 ending June 30, 2016, shall be used to provide assistance in 5 accordance with chapter 239B . 6 2. The department may use a portion of the moneys credited 7 to the FIP account under this section as necessary for 8 salaries, support, maintenance, and miscellaneous purposes. 9 3. The department may transfer funds allocated in 10 subsection 4 to the appropriations made in this division of 11 this Act for the same fiscal year for general administration 12 and field operations for resources necessary to implement and 13 operate the family investment program services referred to in 14 this section and those funded in the appropriation made in this 15 division of this Act for the same fiscal year for the family 16 investment program from the general fund of the state. 17 4. Moneys appropriated in this division of this Act and 18 credited to the FIP account for the fiscal year beginning July 19 1, 2015, and ending June 30, 2016, are allocated as follows: 20 a. To be retained by the department of human services to 21 be used for coordinating with the department of human rights 22 to more effectively serve participants in FIP and other shared 23 clients and to meet federal reporting requirements under the 24 federal temporary assistance for needy families block grant: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 26 b. To the department of human rights for staffing, 27 administration, and implementation of the family development 28 and self-sufficiency grant program in accordance with section 29 216A.107 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,392,834 31 (1) Of the funds allocated for the family development 32 and self-sufficiency grant program in this paragraph “b”, 33 not more than 5 percent of the funds shall be used for the 34 administration of the grant program. 35 -25- LSB 2653SV (2) 86 pf/rj 25/ 207
S.F. 505 (2) The department of human rights may continue to implement 1 the family development and self-sufficiency grant program 2 statewide during fiscal year 2015-2016. 3 (3) The department of human rights may engage in activities 4 to strengthen and improve family outcomes measures and 5 data collection systems under the family development and 6 self-sufficiency grant program. 7 c. For the diversion subaccount of the FIP account: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 815,000 9 A portion of the moneys allocated for the subaccount may 10 be used for field operations, salaries, data management 11 system development, and implementation costs and support 12 deemed necessary by the director of human services in order 13 to administer the FIP diversion program. To the extent 14 moneys allocated in this paragraph “c” are not deemed by the 15 department to be necessary to support diversion activities, 16 such moneys may be used for other efforts intended to increase 17 engagement by family investment program participants in work, 18 education, or training activities. 19 d. For the food assistance employment and training program: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 21 (1) The department shall apply the federal supplemental 22 nutrition assistance program (SNAP) employment and training 23 state plan in order to maximize to the fullest extent permitted 24 by federal law the use of the 50 percent federal reimbursement 25 provisions for the claiming of allowable federal reimbursement 26 funds from the United States department of agriculture 27 pursuant to the federal SNAP employment and training program 28 for providing education, employment, and training services 29 for eligible food assistance program participants, including 30 but not limited to related dependent care and transportation 31 expenses. 32 (2) The department shall continue the categorical federal 33 food assistance program eligibility at 160 percent of the 34 federal poverty level and continue to eliminate the asset test 35 -26- LSB 2653SV (2) 86 pf/rj 26/ 207
S.F. 505 from eligibility requirements, consistent with federal food 1 assistance program requirements. The department shall include 2 as many food assistance households as is allowed by federal 3 law. The eligibility provisions shall conform to all federal 4 requirements including requirements addressing individuals who 5 are incarcerated or otherwise ineligible. 6 e. For the JOBS program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,540,398 8 5. Of the child support collections assigned under FIP, 9 an amount equal to the federal share of support collections 10 shall be credited to the child support recovery appropriation 11 made in this division of this Act. Of the remainder of the 12 assigned child support collections received by the child 13 support recovery unit, a portion shall be credited to the FIP 14 account, a portion may be used to increase recoveries, and a 15 portion may be used to sustain cash flow in the child support 16 payments account. If as a consequence of the appropriations 17 and allocations made in this section the resulting amounts 18 are insufficient to sustain cash assistance payments and meet 19 federal maintenance of effort requirements, the department 20 shall seek supplemental funding. If child support collections 21 assigned under FIP are greater than estimated or are otherwise 22 determined not to be required for maintenance of effort, the 23 state share of either amount may be transferred to or retained 24 in the child support payments account. 25 6. The department may adopt emergency rules for the family 26 investment, JOBS, food assistance, and medical assistance 27 programs if necessary to comply with federal requirements. 28 Sec. 8. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 29 is appropriated from the general fund of the state to the 30 department of human services for the fiscal year beginning July 31 1, 2015, and ending June 30, 2016, the following amount, or 32 so much thereof as is necessary, to be used for the purpose 33 designated: 34 To be credited to the family investment program (FIP) 35 -27- LSB 2653SV (2) 86 pf/rj 27/ 207
S.F. 505 account and used for family investment program assistance under 1 chapter 239B : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49,093,875 3 1. Of the funds appropriated in this section, $7,402,220 is 4 allocated for the JOBS program. 5 2. Of the funds appropriated in this section, $3,513,854 is 6 allocated for the family development and self-sufficiency grant 7 program. 8 3. Notwithstanding section 8.39 , for the fiscal year 9 beginning July 1, 2015, if necessary to meet federal 10 maintenance of effort requirements or to transfer federal 11 temporary assistance for needy families block grant funding 12 to be used for purposes of the federal social services block 13 grant or to meet cash flow needs resulting from delays in 14 receiving federal funding or to implement, in accordance with 15 this division of this Act, activities currently funded with 16 juvenile court services, county, or community moneys and state 17 moneys used in combination with such moneys, the department 18 of human services may transfer funds within or between any 19 of the appropriations made in this division of this Act and 20 appropriations in law for the federal social services block 21 grant to the department for the following purposes, provided 22 that the combined amount of state and federal temporary 23 assistance for needy families block grant funding for each 24 appropriation remains the same before and after the transfer: 25 a. For the family investment program. 26 b. For child care assistance. 27 c. For child and family services. 28 d. For field operations. 29 e. For general administration. 30 f. For distribution to counties or regions through the 31 property tax relief fund for mental health and disability 32 services as provided in an appropriation for this purpose. 33 This subsection shall not be construed to prohibit the use 34 of existing state transfer authority for other purposes. The 35 -28- LSB 2653SV (2) 86 pf/rj 28/ 207
S.F. 505 department shall report any transfers made pursuant to this 1 subsection to the legislative services agency. 2 4. Of the funds appropriated in this section, $195,678 shall 3 be used for continuation of a grant to an Iowa-based nonprofit 4 organization with a history of providing tax preparation 5 assistance to low-income Iowans in order to expand the usage of 6 the earned income tax credit. The purpose of the grant is to 7 supply this assistance to underserved areas of the state. 8 5. Of the funds appropriated in this section, $80,000 shall 9 be used for the continuation of an unfunded pilot project, as 10 defined in 441 IAC 100.1, relating to parental obligations, 11 in which the child support recovery unit participates, to 12 support the efforts of a nonprofit organization committed to 13 strengthening the community through youth development, healthy 14 living, and social responsibility headquartered in a county 15 with a population over 350,000. The funds allocated in this 16 subsection shall be used by the recipient organization to 17 develop a larger community effort, through public and private 18 partnerships, to support a broad-based multi-county fatherhood 19 initiative that promotes payment of child support obligations, 20 improved family relationships, and full-time employment. 21 6. Of the funds appropriated in this section, $200,000 shall 22 be used as a grant to a nonprofit organization organized under 23 section 501(c)(4) of the Internal Revenue Code to implement a 24 youth development strategy through after-school programming 25 that promotes academic success, healthy lifestyles, good 26 character, and citizenship. The organization shall meet all of 27 the following criteria: 28 a. Operate statewide and provide services through more than 29 one location. 30 b. Provide the after-school programming for students ages 31 five through eighteen years of age who are members of families 32 eligible for the federal temporary assistance for needy 33 families program. 34 c. Provide evidence, based on measurable outcomes, that the 35 -29- LSB 2653SV (2) 86 pf/rj 29/ 207
S.F. 505 after-school programming provided results in increased student 1 achievement. 2 7. The department may transfer funds appropriated in this 3 section to the appropriations made in this division of this Act 4 for general administration and field operations as necessary 5 to administer this section and the overall family investment 6 program. 7 Sec. 9. CHILD SUPPORT RECOVERY. There is appropriated 8 from the general fund of the state to the department of human 9 services for the fiscal year beginning July 1, 2015, and ending 10 June 30, 2016, the following amount, or so much thereof as is 11 necessary, to be used for the purposes designated: 12 For child support recovery, including salaries, support, 13 maintenance, and miscellaneous purposes, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,663,373 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 464.00 17 1. The department shall expend up to $24,329, including 18 federal financial participation, for the fiscal year beginning 19 July 1, 2015, for a child support public awareness campaign. 20 The department and the office of the attorney general shall 21 cooperate in continuation of the campaign. The public 22 awareness campaign shall emphasize, through a variety of 23 media activities, the importance of maximum involvement of 24 both parents in the lives of their children as well as the 25 importance of payment of child support obligations. 26 2. Federal access and visitation grant moneys shall be 27 issued directly to private not-for-profit agencies that provide 28 services designed to increase compliance with the child access 29 provisions of court orders, including but not limited to 30 neutral visitation sites and mediation services. 31 3. The appropriation made to the department for child 32 support recovery may be used throughout the fiscal year in the 33 manner necessary for purposes of cash flow management, and for 34 cash flow management purposes the department may temporarily 35 -30- LSB 2653SV (2) 86 pf/rj 30/ 207
S.F. 505 draw more than the amount appropriated, provided the amount 1 appropriated is not exceeded at the close of the fiscal year. 2 4. With the exception of the funding amount specified, the 3 requirements established under 2001 Iowa Acts, chapter 191, 4 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 5 be applicable to parental obligation pilot projects for the 6 fiscal year beginning July 1, 2015, and ending June 30, 2016. 7 Notwithstanding 441 IAC 100.8, providing for termination of 8 rules relating to the pilot projects, the rules shall remain 9 in effect until June 30, 2016. 10 Sec. 10. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 11 FY 2015-2016. Any funds remaining in the health care trust 12 fund created in section 453A.35A for the fiscal year beginning 13 July 1, 2015, and ending June 30, 2016, are appropriated to 14 the department of human services to supplement the medical 15 assistance program appropriations made in this division of this 16 Act, for medical assistance reimbursement and associated costs, 17 including program administration and costs associated with 18 program implementation. 19 Sec. 11. MEDICAID FRAUD FUND —— MEDICAL ASSISTANCE —— FY 20 2015-2016. Any funds remaining in the Medicaid fraud fund 21 created in section 249A.50 for the fiscal year beginning 22 July 1, 2015, and ending June 30, 2016, are appropriated to 23 the department of human services to supplement the medical 24 assistance appropriations made in this division of this Act, 25 for medical assistance reimbursement and associated costs, 26 including program administration and costs associated with 27 program implementation. 28 Sec. 12. MEDICAL ASSISTANCE. 29 1. There is appropriated from the general fund of the 30 state to the department of human services for the fiscal year 31 beginning July 1, 2015, and ending June 30, 2016, the following 32 amount, or so much thereof as is necessary, to be used for the 33 purpose designated: 34 For medical assistance program reimbursement and associated 35 -31- LSB 2653SV (2) 86 pf/rj 31/ 207
S.F. 505 costs as specifically provided in the reimbursement 1 methodologies in effect on June 30, 2015, except as otherwise 2 expressly authorized by law, including reimbursement for 3 abortion services which shall be available under the medical 4 assistance program only for those abortions which are medically 5 necessary: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,346,353,640 7 2. Medically necessary abortions are those performed under 8 any of the following conditions: 9 a. The attending physician certifies that continuing the 10 pregnancy would endanger the life of the pregnant woman. 11 b. The attending physician certifies that the fetus is 12 physically deformed, mentally deficient, or afflicted with a 13 congenital illness. 14 c. The pregnancy is the result of a rape which is reported 15 within 45 days of the incident to a law enforcement agency or 16 public or private health agency which may include a family 17 physician. 18 d. The pregnancy is the result of incest which is reported 19 within 150 days of the incident to a law enforcement agency 20 or public or private health agency which may include a family 21 physician. 22 e. Any spontaneous abortion, commonly known as a 23 miscarriage, if not all of the products of conception are 24 expelled. 25 3. a. Iowans support reducing the number of abortions 26 performed in our state. For an abortion covered under the 27 program, except in the case of a medical emergency, as defined 28 in section 135L.1 , for any woman, the physician shall certify 29 both of the following: 30 (1) That the woman has been given the opportunity to view an 31 ultrasound image of the fetus as part of the standard of care 32 before an abortion is performed. 33 (2) That the woman has been provided information regarding 34 the options relative to a pregnancy, including continuing the 35 -32- LSB 2653SV (2) 86 pf/rj 32/ 207
S.F. 505 pregnancy to term and retaining parental rights following the 1 child’s birth, continuing the pregnancy to term and placing the 2 child for adoption, and terminating the pregnancy. 3 b. The provisions of this section relating to abortions 4 shall also apply to the Iowa health and wellness plan created 5 pursuant to chapter 249N . 6 4. The department shall utilize not more than $60,000 of 7 the funds appropriated in this section to continue the AIDS/HIV 8 health insurance premium payment program as established in 1992 9 Iowa Acts, Second Extraordinary Session, chapter 1001, section 10 409, subsection 6. Of the funds allocated in this subsection, 11 not more than $5,000 may be expended for administrative 12 purposes. 13 5. Of the funds appropriated in this Act to the department 14 of public health for addictive disorders, $950,000 for 15 the fiscal year beginning July 1, 2015, is transferred 16 to the department of human services for an integrated 17 substance-related disorder managed care system. The department 18 shall not assume management of the substance-related disorder 19 system in place of the managed care contractor unless such 20 a change in approach is specifically authorized in law. 21 The departments of human services and public health shall 22 work together to maintain the level of mental health and 23 substance-related disorder treatment services provided by the 24 managed care contractor through the Iowa plan for behavioral 25 health. Each department shall take the steps necessary to 26 continue the federal waivers as necessary to maintain the level 27 of services. 28 6. a. The department shall aggressively pursue options for 29 providing medical assistance or other assistance to individuals 30 with special needs who become ineligible to continue receiving 31 services under the early and periodic screening, diagnostic, 32 and treatment program under the medical assistance program 33 due to becoming 21 years of age who have been approved for 34 additional assistance through the department’s exception to 35 -33- LSB 2653SV (2) 86 pf/rj 33/ 207
S.F. 505 policy provisions, but who have health care needs in excess 1 of the funding available through the exception to policy 2 provisions. 3 b. Of the funds appropriated in this section, $100,000 4 shall be used for participation in one or more pilot projects 5 operated by a private provider to allow the individual or 6 individuals to receive service in the community in accordance 7 with principles established in Olmstead v. L.C., 527 U.S. 581 8 (1999), for the purpose of providing medical assistance or 9 other assistance to individuals with special needs who become 10 ineligible to continue receiving services under the early and 11 periodic screening, diagnostic, and treatment program under 12 the medical assistance program due to becoming 21 years of 13 age who have been approved for additional assistance through 14 the department’s exception to policy provisions, but who have 15 health care needs in excess of the funding available through 16 the exception to the policy provisions. 17 7. Of the funds appropriated in this section, up to 18 $3,050,082 may be transferred to the field operations or 19 general administration appropriations in this division of this 20 Act for operational costs associated with Part D of the federal 21 Medicare Prescription Drug Improvement and Modernization Act 22 of 2003, Pub. L. No. 108-173. 23 8. Of the funds appropriated in this section, up to $442,100 24 may be transferred to the appropriation in this division 25 of this Act for medical contracts to be used for clinical 26 assessment services and prior authorization of services. 27 9. A portion of the funds appropriated in this section 28 may be transferred to the appropriations in this division of 29 this Act for general administration, medical contracts, the 30 children’s health insurance program, or field operations to be 31 used for the state match cost to comply with the payment error 32 rate measurement (PERM) program for both the medical assistance 33 and children’s health insurance programs as developed by the 34 centers for Medicare and Medicaid services of the United States 35 -34- LSB 2653SV (2) 86 pf/rj 34/ 207
S.F. 505 department of health and human services to comply with the 1 federal Improper Payments Information Act of 2002, Pub. L. No. 2 107-300. 3 10. The department shall continue to implement the 4 recommendations of the assuring better child health and 5 development initiative II (ABCDII) clinical panel to the 6 Iowa early and periodic screening, diagnostic, and treatment 7 services healthy mental development collaborative board 8 regarding changes to billing procedures, codes, and eligible 9 service providers. 10 11. Of the funds appropriated in this section, a sufficient 11 amount is allocated to supplement the incomes of residents of 12 nursing facilities, intermediate care facilities for persons 13 with mental illness, and intermediate care facilities for 14 persons with an intellectual disability, with incomes of less 15 than $50 in the amount necessary for the residents to receive a 16 personal needs allowance of $50 per month pursuant to section 17 249A.30A . 18 12. Of the funds appropriated in this section, the following 19 amounts are transferred to the appropriations made in this 20 division of this Act for the state mental health institutes: 21 a. Cherokee mental health institute . . . . . . . . . . . $ 9,098,425 22 b. Clarinda mental health institute . . . . . . . . . . . $ 1,977,305 23 c. Independence mental health institute . . . . . . . $ 9,045,894 24 13. a. Of the funds appropriated in this section, 25 $8,596,650 is allocated for the state match for a 26 disproportionate share hospital payment of $19,133,430 to 27 hospitals that meet both of the conditions specified in 28 subparagraphs (1) and (2). In addition, the hospitals that 29 meet the conditions specified shall either certify public 30 expenditures or transfer to the medical assistance program 31 an amount equal to provide the nonfederal share for a 32 disproportionate share hospital payment of $7,500,000. The 33 hospitals that meet the conditions specified shall receive and 34 retain 100 percent of the total disproportionate share hospital 35 -35- LSB 2653SV (2) 86 pf/rj 35/ 207
S.F. 505 payment of $26,633,430. 1 (1) The hospital qualifies for disproportionate share and 2 graduate medical education payments. 3 (2) The hospital is an Iowa state-owned hospital with more 4 than 500 beds and eight or more distinct residency specialty 5 or subspecialty programs recognized by the American college of 6 graduate medical education. 7 b. Distribution of the disproportionate share payments 8 shall be made on a monthly basis. The total amount of 9 disproportionate share payments including graduate medical 10 education, enhanced disproportionate share, and Iowa 11 state-owned teaching hospital payments shall not exceed the 12 amount of the state’s allotment under Pub. L. No. 102-234. 13 In addition, the total amount of all disproportionate 14 share payments shall not exceed the hospital-specific 15 disproportionate share limits under Pub. L. No. 103-66. 16 c. The university of Iowa hospitals and clinics shall either 17 certify public expenditures or transfer to the appropriations 18 made in this division of this Act for medical assistance an 19 amount equal to provide the nonfederal share for increased 20 medical assistance payments for inpatient and outpatient 21 hospital services of $9,900,000. The university of Iowa 22 hospitals and clinics shall receive and retain 100 percent of 23 the total increase in medical assistance payments. 24 d. Program payments for disproportionate share hospitals 25 and graduate medical education, and the upper payment limits 26 applicable to these programs shall be held harmless from the 27 impacts of Medicaid managed care and the governor’s Medicaid 28 modernization initiative. Payment methodologies utilized 29 for these programs may be adjusted or converted to other 30 methodologies or payment types in order to comply with this 31 hold harmless requirement. 32 14. One hundred percent of the nonfederal share of payments 33 to area education agencies that are medical assistance 34 providers for medical assistance-covered services provided to 35 -36- LSB 2653SV (2) 86 pf/rj 36/ 207
S.F. 505 medical assistance-covered children, shall be made from the 1 appropriation made in this section. 2 15. Any new or renewed contract entered into by the 3 department with a third party to administer behavioral health 4 services under the medical assistance program shall provide 5 that any interest earned on payments from the state during 6 the state fiscal year shall be remitted to the department 7 and treated as recoveries to offset the costs of the medical 8 assistance program. 9 16. A portion of the funds appropriated in this section 10 may be transferred to the appropriation in this division of 11 this Act for medical contracts to be used for administrative 12 activities associated with the money follows the person 13 demonstration project. 14 17. Of the funds appropriated in this section, $349,011 15 shall be used for the administration of the health insurance 16 premium payment program, including salaries, support, 17 maintenance, and miscellaneous purposes. 18 18. a. The department may increase the amounts allocated 19 for salaries, support, maintenance, and miscellaneous purposes 20 associated with the medical assistance program, as necessary, 21 to implement cost containment strategies. The department shall 22 report any such increase to the legislative services agency and 23 the department of management. 24 b. If the savings to the medical assistance program from 25 cost containment efforts exceed the cost for the fiscal 26 year beginning July 1, 2015, the department may transfer any 27 savings generated for the fiscal year due to medical assistance 28 program cost containment efforts to the appropriation 29 made in this division of this Act for medical contracts or 30 general administration to defray the increased contract costs 31 associated with implementing such efforts. 32 c. The department of human services shall not implement 33 the following cost containment measures as recommended by the 34 governor for the fiscal year beginning July 1, 2015: 35 -37- LSB 2653SV (2) 86 pf/rj 37/ 207
S.F. 505 (1) A measure to provide uniform rates of $.575 per mile 1 based on the 2015 Internal Revenue Service mileage rate and 2 of $9.29, the current statewide average, per one-way trip for 3 Medicaid program home and community-based services waivers. 4 (2) A measure to cap the total costs of all services 5 received by a recipient of the home and community-based 6 services waiver for individuals with an intellectual disability 7 at the daily intermediate care facility for persons with an 8 intellectual disability (ICF/ID) per diem rate of $346.39 per 9 day based on the 80th percentile of all ICF/ID rates. 10 (3) A measure to align individual requests for exceptions to 11 policy with the capped total cost of services for a recipient 12 of the home and community-based services waiver for individuals 13 with an intellectual disability as computed under subparagraph 14 (2). 15 (4) A measure to utilize the supports intensity scale 16 to determine payment amounts and a tiered payment system 17 for the services provided to adults served under the home 18 and community-based services waiver for individuals with an 19 intellectual disability. 20 (5) A measure to accelerate implementation of the provision 21 that beginning July 1, 2015, rather than July 1, 2016, the 22 department of human services requires services through the 23 consumer-directed attendant care option to be provided through 24 an agency or consumer choices option. 25 (6) A measure to reallocate funding for community-based 26 systems of care to instead support integrated health homes. 27 (7) A measure to increase the university of Iowa hospitals 28 and clinics state share responsibility for the supplemental 29 disproportionate share hospital payment to the university of 30 Iowa hospitals and clinics for the fiscal year beginning July 31 1, 2015. 32 d. The department shall report the implementation of 33 any cost containment strategies under this subsection to 34 the individuals specified in this division of this Act for 35 -38- LSB 2653SV (2) 86 pf/rj 38/ 207
S.F. 505 submission of reports on a quarterly basis. 1 19. For the fiscal year beginning July 1, 2015, and ending 2 June 30, 2016, the replacement generation tax revenues required 3 to be deposited in the property tax relief fund pursuant to 4 section 437A.8, subsection 4, paragraph “d” , and section 5 437A.15, subsection 3, paragraph “f” , shall instead be credited 6 to and supplement the appropriation made in this section and 7 used for the allocations made in this section. 8 20. The department shall continue to administer the state 9 balancing incentive payments program as specified in 2012 Iowa 10 Acts, chapter 1133, section 14. 11 21. a. Of the funds appropriated in this section, $900,000 12 shall be used for continued implementation of the children’s 13 mental health home project proposed by the department of human 14 services and reported to the general assembly’s mental health 15 and disability services study committee in December 2011. Of 16 this amount, up to $50,000 may be transferred by the department 17 to the appropriation made in this division of this Act to the 18 department for the same fiscal year for general administration 19 to be used for associated administrative expenses and for not 20 more than one full-time equivalent position, in addition to 21 those authorized for the same fiscal year, to be assigned to 22 implementing the project. 23 b. Of the funds appropriated in this section, up to $400,000 24 may be transferred by the department to the appropriation made 25 to the department in this division of this Act for the same 26 fiscal year for Medicaid program-related general administration 27 planning and implementation activities. The funds may be used 28 for contracts or for personnel in addition to the amounts 29 appropriated for and the positions authorized for general 30 administration for the fiscal year. 31 c. Of the funds appropriated in this section, up to 32 $3,000,000 may be transferred by the department to the 33 appropriations made in this division of this Act for the same 34 fiscal year for general administration or medical contracts 35 -39- LSB 2653SV (2) 86 pf/rj 39/ 207
S.F. 505 to be used to support the development and implementation of 1 standardized assessment tools for persons with mental illness, 2 an intellectual disability, a developmental disability, or a 3 brain injury. 4 22. Of the funds appropriated in this section, $250,000 5 shall be used for lodging expenses associated with care 6 provided at the university of Iowa hospitals and clinics for 7 patients with cancer whose travel distance is 30 miles or more 8 and whose income is at or below 200 percent of the federal 9 poverty level as defined by the most recently revised poverty 10 income guidelines published by the United States department of 11 health and human services. The department of human services 12 shall establish the maximum number of overnight stays and the 13 maximum rate reimbursed for overnight lodging, which may be 14 based on the state employee rate established by the department 15 of administrative services. The funds allocated in this 16 subsection shall not be used as nonfederal share matching 17 funds. 18 23. The department of human services shall adopt rules to 19 provide for coverage of telehealth under the Medicaid program. 20 The rules shall provide that in-person contact between a 21 health care professional and a patient is not required as a 22 prerequisite for payment for services appropriately provided 23 through telehealth in accordance with generally accepted health 24 care practices and standards prevailing in the applicable 25 professional community at the time the services are provided. 26 Health care services provided through in-person consultations 27 or through telehealth shall be treated as equivalent services 28 for the purposes of reimbursement. 29 24. a. For inpatient and outpatient services provided 30 by hospitals on or after July 1, 2015, the department of 31 human services shall recalculate and prospectively apply an 32 updated cost-to-charge ratio upon the request of a hospital to 33 implement price or charge reductions, if all of the following 34 criteria are met: 35 -40- LSB 2653SV (2) 86 pf/rj 40/ 207
S.F. 505 (1) The recalculation of an updated cost-to-charge ratio is 1 budget neutral to the state funding amount appropriated for the 2 respective fiscal year and maintains budget neutral payments or 3 revenue to all hospitals. 4 (2) The hospital requesting the price or charge reduction 5 submits a proforma cost report and charge master that reflects 6 the anticipated cost-to-charge reduction. 7 b. Based upon the proforma cost report submitted by the 8 requesting hospital, the department of human services shall 9 prospectively apply the recalculated cost-to-charge ratio as 10 appropriate to submitted claims for health care services. 11 25. The department of human services shall not adopt 12 emergency rules to implement Medicaid managed care or the 13 governor’s Medicaid modernization initiative. 14 26. The number of home and community-based services waiver 15 slots available during the fiscal year beginning July 1, 2015, 16 shall not be reduced below the number of such slots available 17 on January 1, 2015. 18 Sec. 13. MEDICAL CONTRACTS. There is appropriated from the 19 general fund of the state to the department of human services 20 for the fiscal year beginning July 1, 2015, and ending June 30, 21 2016, the following amount, or so much thereof as is necessary, 22 to be used for the purpose designated: 23 For medical contracts: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,153,584 25 1. The department of inspections and appeals shall 26 provide all state matching funds for survey and certification 27 activities performed by the department of inspections 28 and appeals. The department of human services is solely 29 responsible for distributing the federal matching funds for 30 such activities. 31 2. Of the funds appropriated in this section, $50,000 shall 32 be used for continuation of home and community-based services 33 waiver quality assurance programs, including the review and 34 streamlining of processes and policies related to oversight and 35 -41- LSB 2653SV (2) 86 pf/rj 41/ 207
S.F. 505 quality management to meet state and federal requirements. 1 3. Of the amount appropriated in this section, up to 2 $200,000 may be transferred to the appropriation for general 3 administration in this division of this Act to be used for 4 additional full-time equivalent positions in the development of 5 key health initiatives such as cost containment, development 6 and oversight of managed care programs, and development of 7 health strategies targeted toward improved quality and reduced 8 costs in the Medicaid program. 9 4. Of the funds appropriated in this section, $1,000,000 10 shall be used for planning and development, in cooperation with 11 the department of public health, of a phased-in program to 12 provide a dental home for children. 13 5. Of the funds appropriated in this section, $2,000,000 14 shall be used for the autism support program created in chapter 15 225D . 16 Sec. 14. STATE SUPPLEMENTARY ASSISTANCE. 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, 2015, and ending June 30, 2016, the following 20 amount, or so much thereof as is necessary, to be used for the 21 purpose designated: 22 For the state supplementary assistance program: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,997,187 24 2. The department shall increase the personal needs 25 allowance for residents of residential care facilities by the 26 same percentage and at the same time as federal supplemental 27 security income and federal social security benefits are 28 increased due to a recognized increase in the cost of living. 29 The department may adopt emergency rules to implement this 30 subsection. 31 3. If during the fiscal year beginning July 1, 2015, 32 the department projects that state supplementary assistance 33 expenditures for a calendar year will not meet the federal 34 pass-through requirement specified in Tit. XVI of the federal 35 -42- LSB 2653SV (2) 86 pf/rj 42/ 207
S.F. 505 Social Security Act, section 1618, as codified in 42 U.S.C. 1 §1382g, the department may take actions including but not 2 limited to increasing the personal needs allowance for 3 residential care facility residents and making programmatic 4 adjustments or upward adjustments of the residential care 5 facility or in-home health-related care reimbursement rates 6 prescribed in this division of this Act to ensure that federal 7 requirements are met. In addition, the department may make 8 other programmatic and rate adjustments necessary to remain 9 within the amount appropriated in this section while ensuring 10 compliance with federal requirements. The department may adopt 11 emergency rules to implement the provisions of this subsection. 12 Sec. 15. CHILDREN’S HEALTH INSURANCE PROGRAM. 13 1. There is appropriated from the general fund of the 14 state to the department of human services for the fiscal year 15 beginning July 1, 2015, and ending June 30, 2016, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For maintenance of the healthy and well kids in Iowa (hawk-i) 19 program pursuant to chapter 514I , including supplemental dental 20 services, for receipt of federal financial participation under 21 Tit. XXI of the federal Social Security Act, which creates the 22 children’s health insurance program: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,163,844 24 2. Of the funds appropriated in this section, $42,800 is 25 allocated for continuation of the contract for outreach with 26 the department of public health. 27 Sec. 16. CHILD CARE ASSISTANCE. There is appropriated 28 from the general fund of the state to the department of human 29 services for the fiscal year beginning July 1, 2015, and ending 30 June 30, 2016, the following amount, or so much thereof as is 31 necessary, to be used for the purpose designated: 32 For child care programs: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,638,030 34 1. Of the funds appropriated in this section, $48,818,603 35 -43- LSB 2653SV (2) 86 pf/rj 43/ 207
S.F. 505 shall be used for state child care assistance in accordance 1 with section 237A.13 . 2 2. Nothing in this section shall be construed or is 3 intended as or shall imply a grant of entitlement for services 4 to persons who are eligible for assistance due to an income 5 level consistent with the waiting list requirements of section 6 237A.13 . Any state obligation to provide services pursuant to 7 this section is limited to the extent of the funds appropriated 8 in this section. 9 3. Of the funds appropriated in this section, $432,453 10 is allocated for the statewide grant program for child care 11 resource and referral services under section 237A.26 . A list 12 of the registered and licensed child care facilities operating 13 in the area served by a child care resource and referral 14 service shall be made available to the families receiving state 15 child care assistance in that area. 16 4. Of the funds appropriated in this section, $936,974 17 is allocated for child care quality improvement initiatives 18 including but not limited to the voluntary quality rating 19 system in accordance with section 237A.30 . 20 5. Of the funds appropriated in this section, $6,350,000 21 shall be credited to the early childhood programs grants 22 account in the early childhood Iowa fund created in section 23 256I.11 . The moneys shall be distributed for funding of 24 community-based early childhood programs targeted to children 25 from birth through five years of age developed by early 26 childhood Iowa areas in accordance with approved community 27 plans as provided in section 256I.8 . 28 6. The department may use any of the funds appropriated 29 in this section as a match to obtain federal funds for use in 30 expanding child care assistance and related programs. For 31 the purpose of expenditures of state and federal child care 32 funding, funds shall be considered obligated at the time 33 expenditures are projected or are allocated to the department’s 34 service areas. Projections shall be based on current and 35 -44- LSB 2653SV (2) 86 pf/rj 44/ 207
S.F. 505 projected caseload growth, current and projected provider 1 rates, staffing requirements for eligibility determination 2 and management of program requirements including data systems 3 management, staffing requirements for administration of the 4 program, contractual and grant obligations and any transfers 5 to other state agencies, and obligations for decategorization 6 or innovation projects. 7 7. A portion of the state match for the federal child care 8 and development block grant shall be provided as necessary to 9 meet federal matching funds requirements through the state 10 general fund appropriation made for child development grants 11 and other programs for at-risk children in section 279.51 . 12 8. If a uniform reduction ordered by the governor under 13 section 8.31 or other operation of law, transfer, or federal 14 funding reduction reduces the appropriation made in this 15 section for the fiscal year, the percentage reduction in the 16 amount paid out to or on behalf of the families participating 17 in the state child care assistance program shall be equal to or 18 less than the percentage reduction made for any other purpose 19 payable from the appropriation made in this section and the 20 federal funding relating to it. The percentage reduction to 21 the other allocations made in this section shall be the same as 22 the uniform reduction ordered by the governor or the percentage 23 change of the federal funding reduction, as applicable. 24 If there is an unanticipated increase in federal funding 25 provided for state child care assistance, the entire amount 26 of the increase shall be used for state child care assistance 27 payments. If the appropriations made for purposes of the 28 state child care assistance program for the fiscal year are 29 determined to be insufficient, it is the intent of the general 30 assembly to appropriate sufficient funding for the fiscal year 31 in order to avoid establishment of waiting list requirements. 32 9. Notwithstanding section 8.33 , moneys advanced for 33 purposes of the programs developed by early childhood Iowa 34 areas, advanced for purposes of wraparound child care, or 35 -45- LSB 2653SV (2) 86 pf/rj 45/ 207
S.F. 505 received from the federal appropriations made for the purposes 1 of this section that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert to any fund but shall 3 remain available for expenditure for the purposes designated 4 until the close of the succeeding fiscal year. 5 10. Of the funds appropriated in this section, $100,000 6 is transferred to the department of public health to be used 7 to continue a program to assist parents in this state with 8 costs resulting from the death of a child in accordance with 9 this subsection. If it is less costly than administering the 10 program directly, the department shall issue a request for 11 proposals and issue a grant to an appropriate organization to 12 administer the program. 13 a. The program funding shall be used to assist parents who 14 reside in this state with costs incurred for a funeral, burial 15 or cremation, cemetery costs, or grave marker costs associated 16 with the unintended death of a child of the parent or a child 17 under the care of a guardian or custodian. The department 18 shall consider the following eligibility factors in developing 19 program requirements: 20 (1) The child was a stillborn infant or was less than age 21 eighteen at the time of death. 22 (2) The request for assistance was approved by the local 23 board or department of health or the county general assistance 24 director and may have been referred by a local funeral home. 25 (3) To be eligible, the parent, guardian, or custodian must 26 have an annual household income that is less than 145 percent 27 of the federal poverty level based on the number of people 28 in the applicant’s household as defined by the most recently 29 revised poverty income guidelines published by the United 30 States department of health and human services. 31 (4) The maximum amount of grant assistance provided to a 32 parent, guardian, or custodian associated with the death of 33 a child is $2,000. If the death is a multiple death and the 34 infants or children are being cremated, or buried together, the 35 -46- LSB 2653SV (2) 86 pf/rj 46/ 207
S.F. 505 same limitation applies. 1 (5) To the extent the overall amount of assistance received 2 by a recipient for the costs addressed under this subsection 3 does not exceed the overall total of the costs, the recipient 4 may receive other public or private assistance in addition to 5 grant assistance under this section. 6 b. Notwithstanding section 8.33, moneys transferred by this 7 subsection that remain unencumbered or unobligated at the close 8 of the fiscal year shall not revert but shall remain available 9 for expenditure for the purposes designated until expended. 10 Sec. 17. JUVENILE INSTITUTIONS. There is appropriated 11 from the general fund of the state to the department of human 12 services for the fiscal year beginning July 1, 2015, and ending 13 June 30, 2016, the following amounts, or so much thereof as is 14 necessary, to be used for the purposes designated: 15 1. For the costs of security, building and grounds 16 maintenance, utilities, salary, and support for the facilities 17 located at the Iowa juvenile home at Toledo and for salaries, 18 support, maintenance, and miscellaneous purposes, and for not 19 more than the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 372,766 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,445,552 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.30 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 Sec. 18. CHILD AND FAMILY SERVICES. 34 1. There is appropriated from the general fund of the 35 -47- LSB 2653SV (2) 86 pf/rj 47/ 207
S.F. 505 state to the department of human services for the fiscal year 1 beginning July 1, 2015, and ending June 30, 2016, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purpose designated: 4 For child and family services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 98,182,179 6 2. Up to $5,200,000 of the amount of federal temporary 7 assistance for needy families block grant funding appropriated 8 in this division of this Act for child and family services 9 shall be made available for purposes of juvenile delinquent 10 graduated sanction services. 11 3. The department may transfer funds appropriated in this 12 section as necessary to pay the nonfederal costs of services 13 reimbursed under the medical assistance program, state child 14 care assistance program, or the family investment program which 15 are provided to children who would otherwise receive services 16 paid under the appropriation in this section. The department 17 may transfer funds appropriated in this section to the 18 appropriations made in this division of this Act for general 19 administration and for field operations for resources necessary 20 to implement and operate the services funded in this section. 21 4. a. Of the funds appropriated in this section, up to 22 $35,821,786 is allocated as the statewide expenditure target 23 under section 232.143 for group foster care maintenance and 24 services. If the department projects that such expenditures 25 for the fiscal year will be less than the target amount 26 allocated in this paragraph “a”, the department may reallocate 27 the excess to provide additional funding for shelter care 28 or the child welfare emergency services addressed with the 29 allocation for shelter care. 30 b. If at any time after September 30, 2015, annualization 31 of a service area’s current expenditures indicates a service 32 area is at risk of exceeding its group foster care expenditure 33 target under section 232.143 by more than 5 percent, the 34 department and juvenile court services shall examine all 35 -48- LSB 2653SV (2) 86 pf/rj 48/ 207
S.F. 505 group foster care placements in that service area in order to 1 identify those which might be appropriate for termination. 2 In addition, any aftercare services believed to be needed 3 for the children whose placements may be terminated shall be 4 identified. The department and juvenile court services shall 5 initiate action to set dispositional review hearings for the 6 placements identified. In such a dispositional review hearing, 7 the juvenile court shall determine whether needed aftercare 8 services are available and whether termination of the placement 9 is in the best interest of the child and the community. 10 5. In accordance with the provisions of section 232.188 , 11 the department shall continue the child welfare and juvenile 12 justice funding initiative during fiscal year 2015-2016. Of 13 the funds appropriated in this section, $1,717,753 is allocated 14 specifically for expenditure for fiscal year 2015-2016 through 15 the decategorization services funding pools and governance 16 boards established pursuant to section 232.188 . 17 6. A portion of the funds appropriated in this section 18 may be used for emergency family assistance to provide other 19 resources required for a family participating in a family 20 preservation or reunification project or successor project to 21 stay together or to be reunified. 22 7. Notwithstanding section 234.35 or any other provision 23 of law to the contrary, state funding for shelter care and 24 the child welfare emergency services contracting implemented 25 to provide for or prevent the need for shelter care shall be 26 limited to $8,068,474. 27 8. Federal funds received by the state during the fiscal 28 year beginning July 1, 2015, as the result of the expenditure 29 of state funds appropriated during a previous state fiscal 30 year for a service or activity funded under this section are 31 appropriated to the department to be used as additional funding 32 for services and purposes provided for under this section. 33 Notwithstanding section 8.33 , moneys received in accordance 34 with this subsection that remain unencumbered or unobligated at 35 -49- LSB 2653SV (2) 86 pf/rj 49/ 207
S.F. 505 the close of the fiscal year shall not revert to any fund but 1 shall remain available for the purposes designated until the 2 close of the succeeding fiscal year. 3 9. a. Of the funds appropriated in this section, up to 4 $3,290,000 is allocated for the payment of the expenses of 5 court-ordered services provided to juveniles who are under the 6 supervision of juvenile court services, which expenses are a 7 charge upon the state pursuant to section 232.141, subsection 8 4 . Of the amount allocated in this paragraph “a”, up to 9 $1,556,287 shall be made available to provide school-based 10 supervision of children adjudicated under chapter 232 , of which 11 not more than $15,000 may be used for the purpose of training. 12 A portion of the cost of each school-based liaison officer 13 shall be paid by the school district or other funding source as 14 approved by the chief juvenile court officer. 15 b. Of the funds appropriated in this section, up to $748,985 16 is allocated for the payment of the expenses of court-ordered 17 services provided to children who are under the supervision 18 of the department, which expenses are a charge upon the state 19 pursuant to section 232.141, subsection 4 . 20 c. Notwithstanding section 232.141 or any other provision 21 of law to the contrary, the amounts allocated in this 22 subsection shall be distributed to the judicial districts 23 as determined by the state court administrator and to the 24 department’s service areas as determined by the administrator 25 of the department of human services’ division of child and 26 family services. The state court administrator and the 27 division administrator shall make the determination of the 28 distribution amounts on or before June 15, 2015. 29 d. Notwithstanding chapter 232 or any other provision of 30 law to the contrary, a district or juvenile court shall not 31 order any service which is a charge upon the state pursuant 32 to section 232.141 if there are insufficient court-ordered 33 services funds available in the district court or departmental 34 service area distribution amounts to pay for the service. The 35 -50- LSB 2653SV (2) 86 pf/rj 50/ 207
S.F. 505 chief juvenile court officer and the departmental service area 1 manager shall encourage use of the funds allocated in this 2 subsection such that there are sufficient funds to pay for 3 all court-related services during the entire year. The chief 4 juvenile court officers and departmental service area managers 5 shall attempt to anticipate potential surpluses and shortfalls 6 in the distribution amounts and shall cooperatively request the 7 state court administrator or division administrator to transfer 8 funds between the judicial districts’ or departmental service 9 areas’ distribution amounts as prudent. 10 e. Notwithstanding any provision of law to the contrary, 11 a district or juvenile court shall not order a county to pay 12 for any service provided to a juvenile pursuant to an order 13 entered under chapter 232 which is a charge upon the state 14 under section 232.141, subsection 4 . 15 f. Of the funds allocated in this subsection, not more than 16 $83,000 may be used by the judicial branch for administration 17 of the requirements under this subsection. 18 g. Of the funds allocated in this subsection, $17,000 19 shall be used by the department of human services to support 20 the interstate commission for juveniles in accordance with 21 the interstate compact for juveniles as provided in section 22 232.173 . 23 10. Of the funds appropriated in this section, $8,053,227 is 24 allocated for juvenile delinquent graduated sanctions services. 25 Any state funds saved as a result of efforts by juvenile court 26 services to earn a federal Tit. IV-E match for juvenile court 27 services administration may be used for the juvenile delinquent 28 graduated sanctions services. 29 11. Of the funds appropriated in this section, $1,608,285 is 30 transferred to the department of public health to be used for 31 the child protection center grant program for child protection 32 centers located in Iowa in accordance with section 135.118 . 33 The grant amounts under the program shall be equalized so that 34 each center receives a uniform base amount of $245,000, and 35 -51- LSB 2653SV (2) 86 pf/rj 51/ 207
S.F. 505 the remaining funds shall be awarded through a funding formula 1 based upon the volume of children served. 2 12. If the department receives federal approval to 3 implement a waiver under Tit. IV-E of the federal Social 4 Security Act to enable providers to serve children who remain 5 in the children’s families and communities, for purposes of 6 eligibility under the medical assistance program through 25 7 years of age, children who participate in the waiver shall be 8 considered to be placed in foster care. 9 13. Of the funds appropriated in this section, $4,025,167 is 10 allocated for the preparation for adult living program pursuant 11 to section 234.46 . 12 14. Of the funds appropriated in this section, $520,150 13 shall be used for juvenile drug courts. The amount allocated 14 in this subsection shall be distributed as follows: 15 To the judicial branch for salaries to assist with the 16 operation of juvenile drug court programs operated in the 17 following jurisdictions: 18 a. Marshall county: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,708 20 b. Woodbury county: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,682 22 c. Polk county: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 195,892 24 d. The third judicial district: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,934 26 e. The eighth judicial district: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,934 28 15. Of the funds appropriated in this section, $227,337 29 shall be used for the public purpose of continuing a grant to 30 a nonprofit human services organization providing services to 31 individuals and families in multiple locations in southwest 32 Iowa and Nebraska for support of a project providing immediate, 33 sensitive support and forensic interviews, medical exams, needs 34 assessments, and referrals for victims of child abuse and their 35 -52- LSB 2653SV (2) 86 pf/rj 52/ 207
S.F. 505 nonoffending family members. 1 16. Of the funds appropriated in this section, $300,620 2 is allocated for the foster care youth council approach of 3 providing a support network to children placed in foster care. 4 17. Of the funds appropriated in this section, $202,000 is 5 allocated for use pursuant to section 235A.1 for continuation 6 of the initiative to address child sexual abuse implemented 7 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 8 21. 9 18. Of the funds appropriated in this section, $630,240 is 10 allocated for the community partnership for child protection 11 sites. 12 19. Of the funds appropriated in this section, $371,250 13 is allocated for the department’s minority youth and family 14 projects under the redesign of the child welfare system. 15 20. Of the funds appropriated in this section, $1,186,595 16 is allocated for funding of the community circle of care 17 collaboration for children and youth in northeast Iowa. 18 21. Of the funds appropriated in this section, at least 19 $147,158 shall be used for the continuation of the child 20 welfare provider training academy, a collaboration between the 21 coalition for family and children’s services in Iowa and the 22 department. 23 22. Of the funds appropriated in this section, $25,000 24 shall be used for the public purpose of continuation of a 25 grant to a child welfare services provider headquartered in a 26 county with a population between 205,000 and 215,000 in the 27 latest certified federal census that provides multiple services 28 including but not limited to a psychiatric medical institution 29 for children, shelter, residential treatment, after school 30 programs, school-based programming, and an Asperger’s syndrome 31 program, to be used for support services for children with 32 autism spectrum disorder and their families. 33 23. Of the funds appropriated in this section, $25,000 34 shall be used for the public purpose of continuing a grant to 35 -53- LSB 2653SV (2) 86 pf/rj 53/ 207
S.F. 505 a hospital-based provider headquartered in a county with a 1 population between 90,000 and 95,000 in the latest certified 2 federal census that provides multiple services including 3 but not limited to diagnostic, therapeutic, and behavioral 4 services to individuals with autism spectrum disorder across 5 one’s lifespan. The grant recipient shall utilize the funds 6 to continue the pilot project to determine the necessary 7 support services for children with autism spectrum disorder and 8 their families to be included in the children’s disabilities 9 services system. The grant recipient shall submit findings and 10 recommendations based upon the results of the pilot project 11 to the individuals specified in this division of this Act for 12 submission of reports by December 31, 2015. 13 24. Of the funds appropriated in this section, $211,872 14 shall be used for continuation of the central Iowa system of 15 care program grant through June 30, 2016. 16 25. Of the funds appropriated in this section, $250,000 17 shall be used for the public purpose of the continuation 18 and expansion of a system of care program grant implemented 19 in Cerro Gordo and Linn counties to utilize a comprehensive 20 and long-term approach for helping children and families by 21 addressing the key areas in a child’s life of childhood basic 22 needs, education and work, family, and community. 23 26. Of the funds appropriated in this section, at least 24 $25,000 shall be used to continue and to expand the foster 25 care respite pilot program in which postsecondary students in 26 social work and other human services-related programs receive 27 experience by assisting family foster care providers with 28 respite and other support. 29 27. Of the funds appropriated in this section, $110,000 30 shall be used for the public purpose of funding community-based 31 services and other supports with a system of care approach 32 for children with a serious emotional disturbance and their 33 families through a nonprofit provider of child welfare services 34 that has been in existence for more than 115 years, is located 35 -54- LSB 2653SV (2) 86 pf/rj 54/ 207
S.F. 505 in a county with a population of more than 200,000 but less 1 than 220,000 according to the latest census information 2 issued by the United States census bureau, is licensed as a 3 psychiatric medical institution for children, and was a system 4 of care grantee prior to July 1, 2015. 5 Sec. 19. ADOPTION SUBSIDY. 6 1. There is appropriated from the general fund of the 7 state to the department of human services for the fiscal year 8 beginning July 1, 2015, and ending June 30, 2016, the following 9 amount, or so much thereof as is necessary, to be used for the 10 purpose designated: 11 For adoption subsidy payments and services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,998,286 13 2. The department may transfer funds appropriated in 14 this section to the appropriation made in this division of 15 this Act for general administration for costs paid from the 16 appropriation relating to adoption subsidy. 17 3. Federal funds received by the state during the 18 fiscal year beginning July 1, 2015, as the result of the 19 expenditure of state funds during a previous state fiscal 20 year for a service or activity funded under this section are 21 appropriated to the department to be used as additional funding 22 for the services and activities funded under this section. 23 Notwithstanding section 8.33 , moneys received in accordance 24 with this subsection that remain unencumbered or unobligated 25 at the close of the fiscal year shall not revert to any fund 26 but shall remain available for expenditure for the purposes 27 designated until the close of the succeeding fiscal year. 28 Sec. 20. JUVENILE DETENTION HOME FUND. Moneys deposited 29 in the juvenile detention home fund created in section 232.142 30 during the fiscal year beginning July 1, 2015, and ending June 31 30, 2016, are appropriated to the department of human services 32 for the fiscal year beginning July 1, 2015, and ending June 30, 33 2016, for distribution of an amount equal to a percentage of 34 the costs of the establishment, improvement, operation, and 35 -55- LSB 2653SV (2) 86 pf/rj 55/ 207
S.F. 505 maintenance of county or multicounty juvenile detention homes 1 in the fiscal year beginning July 1, 2014. Moneys appropriated 2 for distribution in accordance with this section shall be 3 allocated among eligible detention homes, prorated on the basis 4 of an eligible detention home’s proportion of the costs of all 5 eligible detention homes in the fiscal year beginning July 6 1, 2014. The percentage figure shall be determined by the 7 department based on the amount available for distribution for 8 the fund. Notwithstanding section 232.142, subsection 3 , the 9 financial aid payable by the state under that provision for the 10 fiscal year beginning July 1, 2015, shall be limited to the 11 amount appropriated for the purposes of this section. 12 Sec. 21. FAMILY SUPPORT SUBSIDY PROGRAM. 13 1. There is appropriated from the general fund of the 14 state to the department of human services for the fiscal year 15 beginning July 1, 2015, and ending June 30, 2016, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For the family support subsidy program subject to the 19 enrollment restrictions in section 225C.37, subsection 3 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,073,932 21 2. The department shall use at least $641,500 of the moneys 22 appropriated in this section for the family support center 23 component of the comprehensive family support program under 24 section 225C.47 . Not more than $25,000 of the amount allocated 25 in this subsection shall be used for administrative costs. 26 3. If at any time during the fiscal year, the amount of 27 funding available for the family support subsidy program 28 is reduced from the amount initially used to establish the 29 figure for the number of family members for whom a subsidy 30 is to be provided at any one time during the fiscal year, 31 notwithstanding section 225C.38, subsection 2 , the department 32 shall revise the figure as necessary to conform to the amount 33 of funding available. 34 Sec. 22. CONNER DECREE. There is appropriated from the 35 -56- LSB 2653SV (2) 86 pf/rj 56/ 207
S.F. 505 general fund of the state to the department of human services 1 for the fiscal year beginning July 1, 2015, and ending June 30, 2 2016, the following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For building community capacity through the coordination 5 and provision of training opportunities in accordance with the 6 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 7 Iowa, July 14, 1994): 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,632 9 Sec. 23. MENTAL HEALTH INSTITUTES. There is appropriated 10 from the general fund of the state to the department of human 11 services for the fiscal year beginning July 1, 2015, and ending 12 June 30, 2016, the following amounts, or so much thereof as is 13 necessary, to be used for the purposes designated: 14 1. For the state mental health institute at Cherokee for 15 salaries, support, maintenance, and miscellaneous purposes, and 16 for not more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,545,616 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.20 19 2. For the state mental health institute at Clarinda for 20 salaries, support, maintenance, and miscellaneous purposes, and 21 for not more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,812,899 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 24 3. For the state mental health institute at Independence for 25 salaries, support, maintenance, and miscellaneous purposes, and 26 for not more than the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,390,773 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 29 Sec. 24. STATE RESOURCE CENTERS. 30 1. There is appropriated from the general fund of the 31 state to the department of human services for the fiscal year 32 beginning July 1, 2015, and ending June 30, 2016, the following 33 amounts, or so much thereof as is necessary, to be used for the 34 purposes designated: 35 -57- LSB 2653SV (2) 86 pf/rj 57/ 207
S.F. 505 a. For the state resource center at Glenwood for salaries, 1 support, maintenance, and miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,024,482 3 b. For the state resource center at Woodward for salaries, 4 support, maintenance, and miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,933,806 6 2. The department may continue to bill for state resource 7 center services utilizing a scope of services approach used for 8 private providers of intermediate care facilities for persons 9 with an intellectual disability services, in a manner which 10 does not shift costs between the medical assistance program, 11 counties, or other sources of funding for the state resource 12 centers. 13 3. The state resource centers may expand the time-limited 14 assessment and respite services during the fiscal year. 15 4. If the department’s administration and the department 16 of management concur with a finding by a state resource 17 center’s superintendent that projected revenues can reasonably 18 be expected to pay the salary and support costs for a new 19 employee position, or that such costs for adding a particular 20 number of new positions for the fiscal year would be less 21 than the overtime costs if new positions would not be added, 22 the superintendent may add the new position or positions. If 23 the vacant positions available to a resource center do not 24 include the position classification desired to be filled, the 25 state resource center’s superintendent may reclassify any 26 vacant position as necessary to fill the desired position. The 27 superintendents of the state resource centers may, by mutual 28 agreement, pool vacant positions and position classifications 29 during the course of the fiscal year in order to assist one 30 another in filling necessary positions. 31 5. If existing capacity limitations are reached in 32 operating units, a waiting list is in effect for a service or 33 a special need for which a payment source or other funding 34 is available for the service or to address the special need, 35 -58- LSB 2653SV (2) 86 pf/rj 58/ 207
S.F. 505 and facilities for the service or to address the special need 1 can be provided within the available payment source or other 2 funding, the superintendent of a state resource center may 3 authorize opening not more than two units or other facilities 4 and begin implementing the service or addressing the special 5 need during fiscal year 2015-2016. 6 Sec. 25. SEXUALLY VIOLENT PREDATORS. 7 1. There is appropriated from the general fund of the 8 state to the department of human services for the fiscal year 9 beginning July 1, 2015, and ending June 30, 2016, the following 10 amount, or so much thereof as is necessary, to be used for the 11 purpose designated: 12 For costs associated with the commitment and treatment of 13 sexually violent predators in the unit located at the state 14 mental health institute at Cherokee, including costs of legal 15 services and other associated costs, including salaries, 16 support, maintenance, and miscellaneous purposes, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,893,079 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 132.50 20 2. Unless specifically prohibited by law, if the amount 21 charged provides for recoupment of at least the entire amount 22 of direct and indirect costs, the department of human services 23 may contract with other states to provide care and treatment 24 of persons placed by the other states at the unit for sexually 25 violent predators at Cherokee. The moneys received under 26 such a contract shall be considered to be repayment receipts 27 and used for the purposes of the appropriation made in this 28 section. 29 Sec. 26. FIELD OPERATIONS. There is appropriated from the 30 general fund of the state to the department of human services 31 for the fiscal year beginning July 1, 2015, and ending June 30, 32 2016, the following amount, or so much thereof as is necessary, 33 to be used for the purposes designated: 34 For field operations, including salaries, support, 35 -59- LSB 2653SV (2) 86 pf/rj 59/ 207
S.F. 505 maintenance, and miscellaneous purposes, and for not more than 1 the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58,920,976 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,837.00 4 1. As a condition of this appropriation, the department 5 shall make every possible effort to fill the entire number of 6 positions authorized by this section and, unless specifically 7 provided otherwise by an applicable collective bargaining 8 agreement, the department is not subject to any approval 9 requirement external to the department to fill a field 10 operations vacancy within the number of full-time equivalent 11 positions authorized by this section. The department shall 12 report on the first of each month to the chairpersons and 13 ranking members of the appropriations committees of the senate 14 and house of representatives, and the persons designated by 15 this Act for submission of reports concerning the status of 16 filling the positions. 17 2. Priority in filling full-time equivalent positions 18 shall be given to those positions related to child protection 19 services and eligibility determination for low-income families. 20 Sec. 27. GENERAL ADMINISTRATION. There is appropriated 21 from the general fund of the state to the department of human 22 services for the fiscal year beginning July 1, 2015, and ending 23 June 30, 2016, the following amount, or so much thereof as is 24 necessary, to be used for the purpose designated: 25 For general administration, including salaries, support, 26 maintenance, and miscellaneous purposes, and for not more than 27 the following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,161,741 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 309.00 30 1. Of the funds appropriated in this section, $38,543 is 31 allocated for the prevention of disabilities policy council 32 created in section 225B.103, if enacted in this Act. 33 2. The department shall report at least monthly to the 34 legislative services agency concerning the department’s 35 -60- LSB 2653SV (2) 86 pf/rj 60/ 207
S.F. 505 operational and program expenditures. 1 3. Of the funds appropriated in this section, $150,000 shall 2 be used to continue the contract for the provision of a program 3 to provide technical assistance, support, and consultation to 4 providers of habilitation services and home and community-based 5 services waiver services for adults with disabilities under the 6 medical assistance program. 7 4. Of the funds appropriated in this section, $50,000 8 is transferred to the Iowa finance authority to be used 9 for administrative support of the council on homelessness 10 established in section 16.2D and for the council to fulfill its 11 duties in addressing and reducing homelessness in the state. 12 5. Of the funds appropriated in this section, $250,000 13 is allocated to an Iowa food bank association selected by 14 the department for the purchase of food on behalf of an Iowa 15 emergency feeding organization or for the distribution of 16 moneys to the Iowa emergency feeding organization for the 17 purchase of food. The moneys allocated in this subsection 18 shall be allocated only to the extent that the allocated moneys 19 are matched on a dollar-for-dollar basis. Notwithstanding 20 section 8.33, moneys allocated in this subsection that remain 21 unencumbered or unobligated at the close of the fiscal year 22 shall not revert but shall remain available for expenditure for 23 the purposes designated until the close of the following fiscal 24 year. 25 6. Of the funds appropriated in this section, $250,000 26 shall be transferred to and deposited in the administrative 27 fund of the Iowa ABLE savings plan trust created in section 28 12I.4, if enacted in this Act, to be used for implementation 29 and administration activities of the Iowa ABLE savings plan 30 trust. Such activities may include the funding of a program 31 manager position, the issuance of a request for proposals, 32 and creation of an informational internet site, but shall not 33 include funding for marketing. The appropriation made in this 34 section is deemed to meet the requirement in the section of 35 -61- LSB 2653SV (2) 86 pf/rj 61/ 207
S.F. 505 the division of this Act, if enacted, relating to contingent 1 implementation of chapter 12I. 2 Sec. 28. VOLUNTEERS. There is appropriated from the general 3 fund of the state to the department of human services for the 4 fiscal year beginning July 1, 2015, and ending June 30, 2016, 5 the following amount, or so much thereof as is necessary, to be 6 used for the purpose designated: 7 For development and coordination of volunteer services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,686 9 Sec. 29. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 10 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 11 DEPARTMENT OF HUMAN SERVICES. 12 1. a. (1) For the fiscal year beginning July 1, 2015, 13 the total state funding amount for the nursing facility budget 14 shall not exceed $321,900,006. 15 (2) For the fiscal year beginning July 1, 2015, the 16 department shall rebase case-mix nursing facility rates 17 effective July 1, 2015. However, total nursing facility budget 18 expenditures, including both case-mix and noncase-mix, shall 19 not exceed the amount specified in subparagraph (1). When 20 calculating case-mix per diem cost and the patient-day-weighted 21 medians used in rate-setting for nursing facilities effective 22 July 1, 2015, the inflation factor applied from the midpoint 23 of the cost report period to the first day of the state fiscal 24 year rate period shall be adjusted to maintain state funding 25 within the amount specified in subparagraph (1). 26 (3) The department, in cooperation with nursing facility 27 representatives, shall review projections for state funding 28 expenditures for reimbursement of nursing facilities on a 29 quarterly basis and the department shall determine if an 30 adjustment to the medical assistance reimbursement rate is 31 necessary in order to provide reimbursement within the state 32 funding amount for the fiscal year. Notwithstanding 2001 33 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 34 “c”, and subsection 3, paragraph “a”, subparagraph (2), 35 -62- LSB 2653SV (2) 86 pf/rj 62/ 207
S.F. 505 if the state funding expenditures for the nursing facility 1 budget for the fiscal year are projected to exceed the amount 2 specified in subparagraph (1), the department shall adjust 3 the reimbursement for nursing facilities reimbursed under the 4 case-mix reimbursement system to maintain expenditures of the 5 nursing facility budget within the specified amount for the 6 fiscal year. 7 (4) For the fiscal year beginning July 1, 2015, special 8 population nursing facilities shall be reimbursed in accordance 9 with the methodology in effect on June 30, 2015. 10 (5) For any open or unsettled nursing facility cost report 11 for a fiscal year prior to and including the fiscal year 12 beginning July 1, 2014, including any cost report remanded on 13 judicial review for inclusion of prescription drug, laboratory, 14 or x-ray costs, the department shall offset all reported 15 prescription drug, laboratory, and x-ray costs with any revenue 16 received from Medicare or other revenue source for any purpose. 17 For purposes of this subparagraph, a nursing facility cost 18 report is not considered open or unsettled if the facility did 19 not initiate an administrative appeal under chapter 17A or if 20 any appeal rights initiated have been exhausted. 21 b. (1) For the fiscal year beginning July 1, 2015, 22 the department shall establish the pharmacy dispensing fee 23 reimbursement at $11.73 per prescription as determined by the 24 June 2014 cost of dispensing fee survey. 25 (2) The department shall utilize an average acquisition 26 cost reimbursement methodology for all drugs covered under the 27 medical assistance program in accordance with 2012 Iowa Acts, 28 chapter 1133, section 33. 29 (3) Notwithstanding subparagraph (2), if the centers for 30 Medicare and Medicaid services of the United States department 31 of health and human services (CMS) requires, as a condition 32 of federal Medicaid funding, that the department implement an 33 aggregate federal upper limit (FUL) for drug reimbursement 34 based on the average manufacturer’s price (AMP), the department 35 -63- LSB 2653SV (2) 86 pf/rj 63/ 207
S.F. 505 may utilize a reimbursement methodology for all drugs covered 1 under the Medicaid program based on the national average drug 2 acquisition cost (NADAC) methodology published by CMS, in order 3 to assure compliance with the aggregate FUL, minimize outcomes 4 of drug reimbursements below pharmacy acquisition costs, limit 5 administrative costs, and minimize any change in the aggregate 6 reimbursement for drugs. The department may adopt emergency 7 rules to implement this subparagraph. 8 c. (1) For the fiscal year beginning July 1, 2015, 9 reimbursement rates for outpatient hospital services shall 10 remain at the rates in effect on June 30, 2015, subject 11 to Medicaid program upper payment limit rules and adjusted 12 as necessary to maintain expenditures within the amount 13 appropriated to the department for this purpose for the fiscal 14 year. 15 (2) For the fiscal year beginning July 1, 2015, 16 reimbursement rates for inpatient hospital services shall be 17 rebased effective October 1, 2015, subject to Medicaid program 18 upper payment limit rules and adjusted as necessary to maintain 19 expenditures within the amount appropriated to the department 20 for this purpose for the fiscal year. 21 (3) For the fiscal year beginning July 1, 2015, the graduate 22 medical education and disproportionate share hospital fund 23 shall remain at the amount in effect on June 30, 2015, except 24 that the portion of the fund attributable to graduate medical 25 education shall be reduced in an amount that reflects the 26 elimination of graduate medical education payments made to 27 out-of-state hospitals. 28 (4) In order to ensure the efficient use of limited state 29 funds in procuring health care services for low-income Iowans, 30 funds appropriated in this Act for hospital services shall 31 not be used for activities which would be excluded from a 32 determination of reasonable costs under the federal Medicare 33 program pursuant to 42 U.S.C. §1395x(v)(1)(N). 34 d. For the fiscal year beginning July 1, 2015, reimbursement 35 -64- LSB 2653SV (2) 86 pf/rj 64/ 207
S.F. 505 rates for rural health clinics, hospices, and acute mental 1 hospitals shall be increased in accordance with increases under 2 the federal Medicare program or as supported by their Medicare 3 audited costs. 4 e. For the fiscal year beginning July 1, 2015, independent 5 laboratories and rehabilitation agencies shall be reimbursed 6 using the same methodology in effect on June 30, 2015. 7 f. (1) For the fiscal year beginning July 1, 2015, 8 reimbursement rates for home health agencies shall continue to 9 be based on the Medicare low utilization payment adjustment 10 (LUPA) methodology with state geographic wage adjustments, and 11 updated to reflect the most recent Medicare LUPA rates. 12 (2) For the fiscal year beginning July 1, 2015, rates for 13 private duty nursing and personal care services under the early 14 and periodic screening, diagnostic, and treatment program 15 benefit shall be calculated based on the methodology in effect 16 on June 30, 2015. 17 g. For the fiscal year beginning July 1, 2015, federally 18 qualified health centers shall receive cost-based reimbursement 19 for 100 percent of the reasonable costs for the provision of 20 services to recipients of medical assistance. 21 h. For the fiscal year beginning July 1, 2015, the 22 reimbursement rates for dental services shall remain at the 23 rates in effect on June 30, 2015. 24 i. (1) For the fiscal year beginning July 1, 2015, 25 state-owned psychiatric medical institutions for children shall 26 receive cost-based reimbursement for 100 percent of the actual 27 and allowable costs for the provision of services to recipients 28 of medical assistance. 29 (2) For the nonstate-owned psychiatric medical institutions 30 for children, reimbursement rates shall be based on the 31 reimbursement methodology developed by the department as 32 required for federal compliance. 33 (3) As a condition of participation in the medical 34 assistance program, enrolled providers shall accept the medical 35 -65- LSB 2653SV (2) 86 pf/rj 65/ 207
S.F. 505 assistance reimbursement rate for any covered goods or services 1 provided to recipients of medical assistance who are children 2 under the custody of a psychiatric medical institution for 3 children. 4 j. For the fiscal year beginning July 1, 2015, unless 5 otherwise specified in this Act, all noninstitutional medical 6 assistance provider reimbursement rates shall remain at the 7 rates in effect on June 30, 2015, except for area education 8 agencies, local education agencies, infant and toddler 9 services providers, home and community-based services providers 10 including consumer-directed attendant care providers under a 11 section 1915(c) or 1915(i) waiver, targeted case management 12 providers, and those providers whose rates are required to be 13 determined pursuant to section 249A.20 . 14 k. Notwithstanding any provision to the contrary, for the 15 fiscal year beginning July 1, 2015, the reimbursement rate for 16 anesthesiologists shall remain at the rate in effect on June 17 30, 2015. 18 l. Notwithstanding section 249A.20, for the fiscal year 19 beginning July 1, 2015, the average reimbursement rate for 20 health care providers eligible for use of the federal Medicare 21 resource-based relative value scale reimbursement methodology 22 under section 249A.20 shall remain at the rate in effect on 23 June 30, 2015; however, this rate shall not exceed the maximum 24 level authorized by the federal government. 25 m. For the fiscal year beginning July 1, 2015, the 26 reimbursement rate for residential care facilities shall not 27 be less than the minimum payment level as established by the 28 federal government to meet the federally mandated maintenance 29 of effort requirement. The flat reimbursement rate for 30 facilities electing not to file annual cost reports shall not 31 be less than the minimum payment level as established by the 32 federal government to meet the federally mandated maintenance 33 of effort requirement. 34 n. For the fiscal year beginning July 1, 2015, the 35 -66- LSB 2653SV (2) 86 pf/rj 66/ 207
S.F. 505 reimbursement rates for inpatient mental health services 1 provided at hospitals shall be rebased effective October 1, 2 2015, subject to Medicaid program upper payment limit rules; 3 and psychiatrists shall be reimbursed at the medical assistance 4 program fee-for-service rate in effect on June 30, 2015. 5 o. For the fiscal year beginning July 1, 2015, community 6 mental health centers may choose to be reimbursed for the 7 services provided to recipients of medical assistance through 8 either of the following options: 9 (1) For 100 percent of the reasonable costs of the services. 10 (2) In accordance with the alternative reimbursement rate 11 methodology established by the medical assistance program’s 12 managed care contractor for mental health services and approved 13 by the department of human services. 14 p. For the fiscal year beginning July 1, 2015, the 15 reimbursement rate for providers of family planning services 16 that are eligible to receive a 90 percent federal match shall 17 remain at the rates in effect on June 30, 2015. 18 q. For the fiscal year beginning July 1, 2015, the upper 19 limits on reimbursement rates for providers of home and 20 community-based services waiver services shall be increased by 21 1.5 percent over the limits in effect on June 30, 2015. 22 r. For the fiscal year beginning July 1, 2015, the 23 reimbursement rates for emergency medical service providers 24 shall remain at the rates in effect on June 30, 2015. 25 s. For the fiscal year beginning July 1, 2015, reimbursement 26 rates for substance-related disorder treatment programs 27 licensed under section 125.13 shall be increased by 3 percent 28 over the rates in effect on June 30, 2015. 29 2. For the fiscal year beginning July 1, 2015, the 30 reimbursement rate for providers reimbursed under the 31 in-home-related care program shall not be less than the minimum 32 payment level as established by the federal government to meet 33 the federally mandated maintenance of effort requirement. 34 3. Unless otherwise directed in this section, when the 35 -67- LSB 2653SV (2) 86 pf/rj 67/ 207
S.F. 505 department’s reimbursement methodology for any provider 1 reimbursed in accordance with this section includes an 2 inflation factor, this factor shall not exceed the amount 3 by which the consumer price index for all urban consumers 4 increased during the calendar year ending December 31, 2002. 5 4. For the fiscal year beginning July 1, 2015, the foster 6 family basic daily maintenance rate and the maximum adoption 7 subsidy rate for children ages 0 through 5 years shall be 8 $16.78, the rate for children ages 6 through 11 years shall be 9 $17.45, the rate for children ages 12 through 15 years shall 10 be $19.10, and the rate for children and young adults ages 16 11 and older shall be $19.35. For youth ages 18 to 21 who have 12 exited foster care, the preparation for adult living program 13 maintenance rate shall be $602.70 per month. The maximum 14 payment for adoption subsidy nonrecurring expenses shall be 15 limited to $500 and the disallowance of additional amounts 16 for court costs and other related legal expenses implemented 17 pursuant to 2010 Iowa Acts, chapter 1031, section 408, shall 18 be continued. 19 5. For the fiscal year beginning July 1, 2015, the maximum 20 reimbursement rates for social services providers under 21 contract shall remain at the rates in effect on June 30, 2015, 22 or the provider’s actual and allowable cost plus inflation for 23 each service, whichever is less. However, if a new service 24 or service provider is added after June 30, 2015, the initial 25 reimbursement rate for the service or provider shall be based 26 upon a weighted average of provider rates for similar services. 27 6. For the fiscal year beginning July 1, 2015, the 28 reimbursement rates for resource family recruitment and 29 retention contractors, child welfare emergency services 30 contractors, and supervised apartment living foster care 31 providers shall be increased by 5 percent over the rates in 32 effect on June 30, 2015. 33 7. For the fiscal year beginning July 1, 2015, the 34 reimbursement rate for safety plan services and family safety, 35 -68- LSB 2653SV (2) 86 pf/rj 68/ 207
S.F. 505 risk, and permanency services (family-centered) shall be 1 increased as follows: 2 a. The statewide base monthly payment amount for all 3 family safety, risk, and permanency services (family-centered) 4 contractors shall be increased by $25.22 per month over the 5 rate in effect on June 30, 2015. 6 (1) Family safety, risk, and permanency services 7 Performance Measure 1 payments shall be increased by $5.25 per 8 case over the rate in effect on June 30, 2015. 9 (2) Family safety, risk, and permanency services 10 Performance Measure 2 payments shall be increased by $13.15 per 11 case over the rate in effect on June 30, 2015. 12 (3) Family safety, risk, and permanency services 13 Performance Measure 3 payments shall be increased by $26.25 per 14 case over the rate in effect on June 30, 2015. 15 (4) Family safety, risk, and permanency services 16 Performance Measure 4 payments shall be increased by $26.25 per 17 case over the rate in effect on June 30, 2015. 18 b. The maximum reimbursement unit rate for safety plan 19 services shall be increased by $27.61 over the rate in effect 20 on June 30, 2015. 21 (1) Safety plan services Performance Measure 1 payments 22 shall be increased by $5.25 per case over the rate in effect on 23 June 30, 2015. 24 (2) Safety plan services Performance Measure 2 payments 25 shall be increased by $5.25 per case over the rate in effect on 26 June 30, 2015. 27 8. a. For the purposes of this subsection, “combined 28 reimbursement rate” means the combined service and maintenance 29 reimbursement rate for a service level under the department’s 30 reimbursement methodology. Effective July 1, 2015, the 31 combined reimbursement rate for a group foster care service 32 level shall be the amount designated in this subsection. 33 However, if a group foster care provider’s reimbursement rate 34 for a service level as of June 30, 2015, is more than the rate 35 -69- LSB 2653SV (2) 86 pf/rj 69/ 207
S.F. 505 designated in this subsection, the provider’s reimbursement 1 shall remain at the higher rate. 2 b. Unless a group foster care provider is subject to the 3 exception provided in paragraph “a”, effective July 1, 2015, 4 the combined reimbursement rates for the service levels under 5 the department’s reimbursement methodology shall be as follows: 6 (1) For service level, community - D1, the daily rate shall 7 be at least $84.17. 8 (2) For service level, comprehensive - D2, the daily rate 9 shall be at least $119.09. 10 (3) For service level, enhanced - D3, the daily rate shall 11 be at least $131.09. 12 9. The group foster care reimbursement rates paid for 13 placement of children out of state shall be calculated 14 according to the same rate-setting principles as those used for 15 in-state providers, unless the director of human services or 16 the director’s designee determines that appropriate care cannot 17 be provided within the state. The payment of the daily rate 18 shall be based on the number of days in the calendar month in 19 which service is provided. 20 10. a. For the fiscal year beginning July 1, 2015, the 21 reimbursement rate paid for shelter care and the child welfare 22 emergency services implemented to provide or prevent the need 23 for shelter care shall be established by contract. 24 b. For the fiscal year beginning July 1, 2015, the combined 25 service and maintenance components of the reimbursement rate 26 paid for shelter care services shall be based on the financial 27 and statistical report submitted to the department. The 28 maximum reimbursement rate shall be $101.83 per day. The 29 department shall reimburse a shelter care provider at the 30 provider’s actual and allowable unit cost, plus inflation, not 31 to exceed the maximum reimbursement rate. 32 c. Notwithstanding section 232.141, subsection 8 , for the 33 fiscal year beginning July 1, 2015, the amount of the statewide 34 average of the actual and allowable rates for reimbursement of 35 -70- LSB 2653SV (2) 86 pf/rj 70/ 207
S.F. 505 juvenile shelter care homes that is utilized for the limitation 1 on recovery of unpaid costs shall remain at the amount in 2 effect for this purpose in the fiscal year beginning July 1, 3 2014. 4 11. For the fiscal year beginning July 1, 2015, the 5 department shall calculate reimbursement rates for intermediate 6 care facilities for persons with an intellectual disability 7 at the 80th percentile. Beginning July 1, 2015, the rate 8 calculation methodology shall utilize the consumer price index 9 inflation factor applicable to the fiscal year beginning July 10 1, 2015. 11 12. For the fiscal year beginning July 1, 2015, for child 12 care providers reimbursed under the state child care assistance 13 program, the department shall set provider reimbursement 14 rates based on the rate reimbursement survey completed in 15 December 2004. Effective July 1, 2015, the child care provider 16 reimbursement rates shall remain at the rates in effect on June 17 30, 2015. The department shall set rates in a manner so as 18 to provide incentives for a nonregistered provider to become 19 registered by applying the increase only to registered and 20 licensed providers. 21 13. For the fiscal year beginning July 1, 2015, if the 22 centers for Medicare and Medicaid services of the United 23 States department of health and human services approves the 24 waivers necessary to implement medical assistance program 25 managed care applicable to any providers or services subject to 26 reimbursement under this section, notwithstanding any provision 27 to the contrary under this section, affected providers or 28 services shall instead be reimbursed as follows: 29 a. For fee-for-service claims, reimbursement rates shall 30 be calculated based on the methodology otherwise specified in 31 this section for the fiscal year beginning July 1, 2015, for 32 the respective provider or service. 33 b. For claims subject to a managed care contract, 34 reimbursement shall be based on the actuarially sound 35 -71- LSB 2653SV (2) 86 pf/rj 71/ 207
S.F. 505 capitation rates established under the contract. However, 1 any reimbursement established under such contract shall not 2 be lower than the reimbursement otherwise specified in this 3 section for the fiscal year beginning July 1, 2015, for the 4 respective provider or service. 5 14. The department may adopt emergency rules to implement 6 this section. 7 Sec. 30. EMERGENCY RULES. 8 1. If specifically authorized by a provision of this 9 division of this Act, the department of human services or 10 the mental health and disability services commission may 11 adopt administrative rules under section 17A.4, subsection 12 3, and section 17A.5, subsection 2, paragraph “b”, to 13 implement the provisions of this division of this Act and 14 the rules shall become effective immediately upon filing or 15 on a later effective date specified in the rules, unless the 16 effective date of the rules is delayed or the applicability 17 of the rules is suspended by the administrative rules review 18 committee. Any rules adopted in accordance with this section 19 shall not take effect before the rules are reviewed by the 20 administrative rules review committee. The delay authority 21 provided to the administrative rules review committee under 22 section 17A.4, subsection 7, and section 17A.8, subsection 9, 23 shall be applicable to a delay imposed under this section, 24 notwithstanding a provision in those sections making them 25 inapplicable to section 17A.5, subsection 2, paragraph “b”. 26 Any rules adopted in accordance with the provisions of this 27 section shall also be published as a notice of intended action 28 as provided in section 17A.4. 29 2. If during a fiscal year, the department of human 30 services is adopting rules in accordance with this section 31 or as otherwise directed or authorized by state law, and the 32 rules will result in an expenditure increase beyond the amount 33 anticipated in the budget process or if the expenditure was 34 not addressed in the budget process for the fiscal year, the 35 -72- LSB 2653SV (2) 86 pf/rj 72/ 207
S.F. 505 department shall notify the persons designated by this division 1 of this Act for submission of reports, the chairpersons and 2 ranking members of the committees on appropriations, and 3 the department of management concerning the rules and the 4 expenditure increase. The notification shall be provided at 5 least 30 calendar days prior to the date notice of the rules 6 is submitted to the administrative rules coordinator and the 7 administrative code editor. 8 Sec. 31. REPORTS. Any reports or other information 9 required to be compiled and submitted under this Act during the 10 fiscal year beginning July 1, 2015, shall be submitted to the 11 chairpersons and ranking members of the joint appropriations 12 subcommittee on health and human services, the legislative 13 services agency, and the legislative caucus staffs on or 14 before the dates specified for submission of the reports or 15 information. 16 Sec. 32. EFFECTIVE UPON ENACTMENT. The following 17 provisions of this division of this Act, being deemed of 18 immediate importance, take effect upon enactment: 19 1. The provision relating to section 232.141 and directing 20 the state court administrator and the division administrator of 21 the department of human services division of child and family 22 services to make the determination, by June 15, 2015, of the 23 distribution of funds allocated for the payment of the expenses 24 of court-ordered services provided to juveniles which are a 25 charge upon the state. 26 2. The provision prohibiting the department of human 27 services from adopting emergency rules to implement Medicaid 28 managed care or the governor’s Medicaid modernization 29 initiative. 30 DIVISION VI 31 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2015-2016 32 Sec. 33. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 33 appropriated from the pharmaceutical settlement account created 34 in section 249A.33 to the department of human services for the 35 -73- LSB 2653SV (2) 86 pf/rj 73/ 207
S.F. 505 fiscal year beginning July 1, 2015, and ending June 30, 2016, 1 the following amount, or so much thereof as is necessary, to be 2 used for the purpose designated: 3 Notwithstanding any provision of law to the contrary, to 4 supplement the appropriations made in this Act for medical 5 contracts under the medical assistance program for the fiscal 6 year beginning July 1, 2015, and ending June 30, 2016: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 8 Sec. 34. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 9 SERVICES. Notwithstanding any provision to the contrary and 10 subject to the availability of funds, there is appropriated 11 from the quality assurance trust fund created in section 12 249L.4 to the department of human services for the fiscal year 13 beginning July 1, 2015, and ending June 30, 2016, the following 14 amounts, or so much thereof as is necessary, for the purposes 15 designated: 16 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,705,208 20 Sec. 35. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 21 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 22 the contrary and subject to the availability of funds, there is 23 appropriated from the hospital health care access trust fund 24 created in section 249M.4 to the department of human services 25 for the fiscal year beginning July 1, 2015, and ending June 26 30, 2016, the following amounts, or so much thereof as is 27 necessary, for the purposes designated: 28 To supplement the appropriation made in this Act from the 29 general fund of the state to the department of human services 30 for medical assistance for the same fiscal year: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,700,000 32 Sec. 36. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 33 FOR FY 2015-2016. Notwithstanding section 8.33 , if moneys 34 appropriated for purposes of the medical assistance program for 35 -74- LSB 2653SV (2) 86 pf/rj 74/ 207
S.F. 505 the fiscal year beginning July 1, 2015, and ending June 30, 1 2016, from the general fund of the state, the quality assurance 2 trust fund and the hospital health care access trust fund, are 3 in excess of actual expenditures for the medical assistance 4 program and remain unencumbered or unobligated at the close 5 of the fiscal year, the excess moneys shall not revert but 6 shall remain available for expenditure for the purposes of the 7 medical assistance program until the close of the succeeding 8 fiscal year. 9 DIVISION VII 10 PATIENT-CENTERED HEALTH ADVISORY COUNCIL 11 Sec. 37. Section 135.159, subsection 2, paragraph a, 12 unnumbered paragraph 1, Code 2015, is amended to read as 13 follows: 14 The department shall establish an a patient-centered health 15 advisory council which shall include but is not limited to 16 all of the following members, selected by their respective 17 organizations, and any other members the department determines 18 necessary to assist in the department’s duties at various 19 stages of development of the medical home system: 20 Sec. 38. Section 135.159, subsection 2, paragraph b, Code 21 2015, is amended to read as follows: 22 b. Public members of the patient-centered health advisory 23 council shall receive reimbursement for actual expenses 24 incurred while serving in their official capacity only if they 25 are not eligible for reimbursement by the organization that 26 they represent. 27 Sec. 39. Section 135.159, subsection 10, Code 2015, is 28 amended to read as follows: 29 10. The department shall integrate the recommendations and 30 policies developed pursuant to section 135.161 , Code 2011, into 31 the medical home system and shall incorporate the development 32 and implementation of the state initiative for prevention 33 and chronic care management as developed pursuant to section 34 135.161 , Code 2011, into the duties of the medical home system 35 -75- LSB 2653SV (2) 86 pf/rj 75/ 207
S.F. 505 patient-centered health advisory council beginning January 1, 1 2012. 2 Sec. 40. CODE EDITOR DIRECTIVE. The Code editor shall amend 3 the headnote of section 135.159, Code 2015, to read Medical home 4 system —— patient-centered health advisory council —— development 5 and implementation . 6 DIVISION VIII 7 PRIOR YEAR APPROPRIATIONS AND OTHER PRIOR PROVISIONS 8 DECATEGORIZATION 9 Sec. 41. DECATEGORIZATION CARRYOVER FUNDING —— TRANSFER TO 10 MEDICAID PROGRAM. Notwithstanding section 232.188, subsection 11 5, paragraph “b”, any state appropriated moneys in the funding 12 pool that remained unencumbered or unobligated at the close 13 of the fiscal year beginning July 1, 2012, and were deemed 14 carryover funding to remain available for the two succeeding 15 fiscal years that still remain unencumbered or unobligated at 16 the close of the fiscal year beginning July 1, 2014, shall 17 not revert but shall be transferred to the medical assistance 18 program for the fiscal year beginning July 1, 2014. 19 COMMUNITY MENTAL HEALTH SERVICES APPROPRIATION 20 Sec. 42. 2013 Iowa Acts, chapter 136, section 2, subsection 21 1, paragraph c, is amended to read as follows: 22 c. The department shall allocate not less than 95 percent 23 of the amount of the block grant each federal fiscal year 24 to eligible community mental health services providers for 25 carrying out the plan submitted to and approved by the federal 26 substance abuse and mental health services administration 27 for the fiscal year involved , except that for federal fiscal 28 year 2014-2015, $1,643,467 of such federal block grant funds 29 shall be used for child and family services pursuant to 2013 30 Iowa Acts, chapter 138, section 148, as amended by 2014 Iowa 31 Acts, chapter 1140, section 25, for the purposes of 2014 Iowa 32 Acts, chapter 1140, section 25, subsection 20, relating to 33 the community circle of care collaboration for children and 34 youth in northeast Iowa, subsection 24 relating to the central 35 -76- LSB 2653SV (2) 86 pf/rj 76/ 207
S.F. 505 Iowa system of care program grant, subsection 25 relating 1 to the system of care grant implemented in Cerro Gordo and 2 Linn counties, and subsection 27 relating to a system of care 3 approach for children with a serious emotional disturbance and 4 their families through a nonprofit provider of child welfare 5 services licensed as a psychiatric medical institution for 6 children . 7 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES 8 Sec. 43. 2013 Iowa Acts, chapter 138, section 136, 9 subsections 1, 2, 6, and 13, as amended by 2014 Iowa Acts, 10 chapter 1140, section 9, are amended to read as follows: 11 1. To be credited to the family investment program account 12 and used for assistance under the family investment program 13 under chapter 239B : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,879,488 15 6,281,222 16 2. To be credited to the family investment program account 17 and used for the job opportunities and basic skills (JOBS) 18 program and implementing family investment agreements in 19 accordance with chapter 239B : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,091,911 21 10,232,340 22 6. For state child care assistance: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,047,110 24 41,210,239 25 a. Of the funds appropriated in this subsection, 26 $26,347,110 $26,332,712 is transferred to the child care and 27 development block grant appropriation made by the Eighty-fifth 28 General Assembly, 2013 Session, in 2013 Iowa Acts, chapter 136, 29 section 14 for the federal fiscal year beginning October 1, 30 2014, and ending September 30, 2015. Of this amount, $200,000 31 shall be used for provision of educational opportunities to 32 registered child care home providers in order to improve 33 services and programs offered by this category of providers 34 and to increase the number of providers. The department may 35 -77- LSB 2653SV (2) 86 pf/rj 77/ 207
S.F. 505 contract with institutions of higher education or child care 1 resource and referral centers to provide the educational 2 opportunities. Allowable administrative costs under the 3 contracts shall not exceed 5 percent. The application for a 4 grant shall not exceed two pages in length. 5 b. Any funds appropriated in this subsection remaining 6 unallocated shall be used for state child care assistance 7 payments for families who are employed, including but not 8 limited to individuals enrolled in the family investment 9 program who are employed . 10 13. a. Notwithstanding any provision to the contrary, 11 including but not limited to requirements in section 8.41 or 12 provisions in 2013 or 2014 Iowa Acts regarding the receipt and 13 appropriation of federal block grants, federal funds from the 14 temporary assistance for needy families block grant received 15 by the state not otherwise appropriated in this section and 16 remaining available for the fiscal year beginning July 1, 2014, 17 are appropriated to the department of human services to the 18 extent as may be necessary to be used in the following priority 19 order: the family investment program, for state child care 20 assistance program payments for individuals enrolled in the 21 family investment program families who are employed, and for 22 the family investment program share of costs to develop and 23 maintain a new, integrated eligibility determination system. 24 The federal funds appropriated in this paragraph “a” shall be 25 expended only after all other funds appropriated in subsection 26 1 for the assistance under the family investment program, 27 in subsection 6 for child care assistance, or in subsection 28 12 for the family investment program share of the costs to 29 continue to develop and maintain a new, integrated eligibility 30 determination system, as applicable, have been expended. For 31 the purposes of this subsection, the funds appropriated in 32 subsection 6, paragraph “a”, for transfer to the child care and 33 development block grant are considered fully expended when the 34 full amount has been transferred. 35 -78- LSB 2653SV (2) 86 pf/rj 78/ 207
S.F. 505 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 CHILD SUPPORT RECOVERY UNIT 5 Sec. 44. 2013 Iowa Acts, chapter 138, section 139, 6 unnumbered paragraph 2, as amended by 2014 Iowa Acts, chapter 7 1140, section 12, is amended to read as follows: 8 For child support recovery, including salaries, support, 9 maintenance, and miscellaneous purposes, and for not more than 10 the following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,911,230 12 14,771,230 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 464.00 14 MEDICAL ASSISTANCE 15 Sec. 45. 2013 Iowa Acts, chapter 139, section 142, 16 unnumbered paragraph 2, as amended by 2014 Iowa Acts, chapter 17 1140, section 14, is amended to read as follows: 18 For medical assistance program reimbursement and associated 19 costs as specifically provided in the reimbursement 20 methodologies in effect on June 30, 2014, except as otherwise 21 expressly authorized by law, consistent with options under 22 federal law and regulations, and contingent upon receipt of 23 approval from the office of the governor of reimbursement for 24 each abortion performed under the program: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,250,658,393 26 1,310,299,250 27 MEDICAL CONTRACTS 28 Sec. 46. 2013 Iowa Acts, chapter 138, section 143, 29 unnumbered paragraphs 1 and 2, as amended by 2014 Iowa Acts, 30 chapter 1140, section 19, are amended to read as follows: 31 There is appropriated from the general fund of the state to 32 the department of human services for the fiscal year beginning 33 July 1, 2014, and ending June 30, 2015, the following amount, 34 or so much thereof as is necessary, to be used for the purpose 35 -79- LSB 2653SV (2) 86 pf/rj 79/ 207
S.F. 505 designated: 1 For medical contracts: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,148,576 3 12,896,400 4 STATE SUPPLEMENTARY ASSISTANCE 5 Sec. 47. 2013 Iowa Acts, chapter 138, section 144, 6 subsection 1, as amended by 2014 Iowa Acts, chapter 1140, 7 section 20, is amended to read as follows: 8 1. There is appropriated from the general fund of the 9 state to the department of human services for the fiscal year 10 beginning July 1, 2014, and ending June 30, 2015, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purpose designated: 13 For the state supplementary assistance program: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,121,154 15 12,965,318 16 CHILDREN’S HEALTH INSURANCE PROGRAM/ 17 HEALTHY AND WELL KIDS IN IOWA PROGRAM 18 Sec. 48. 2013 Iowa Acts, chapter 138, section 145, 19 subsection 1, as amended by 2014 Iowa Acts, chapter 1140, 20 section 21, is amended to read as follows: 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, 2014, and ending June 30, 2015, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purpose designated: 26 For maintenance of the healthy and well kids in Iowa (hawk-i) 27 program pursuant to chapter 514I , including supplemental dental 28 services, for receipt of federal financial participation under 29 Tit. XXI of the federal Social Security Act, which creates the 30 children’s health insurance program: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 45,877,998 32 45,097,085 33 CHILD CARE ASSISTANCE 34 Sec. 49. 2013 Iowa Acts, chapter 138, section 146, 35 -80- LSB 2653SV (2) 86 pf/rj 80/ 207
S.F. 505 unnumbered paragraphs 1 and 2, as amended by 2014 Iowa Acts, 1 chapter 1140, section 22, are amended to read as follows: 2 There is appropriated from the general fund of the state to 3 the department of human services for the fiscal year beginning 4 July 1, 2014, and ending June 30, 2015, the following amount, 5 or so much thereof as is necessary, to be used for the purpose 6 designated: 7 For child care programs: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,132,080 9 36,303,944 10 CHILDREN ADJUDICATED AS DELINQUENT AND CHILD IN NEED OF 11 ASSISTANCE PLACEMENTS 12 Sec. 50. 2013 Iowa Acts, chapter 138, unnumbered paragraphs 13 1 and 2, as amended by 2014 Iowa Acts, chapter 1140, section 14 24, are amended to read as follows: 15 There is appropriated from the general fund of the state to 16 the department of human services for the fiscal year beginning 17 July 1, 2014, and ending June 30, 2015, the following amount, 18 or so much thereof as is necessary, to be used for the purposes 19 designated: 20 For the placement costs of female children adjudicated as 21 delinquent and male and female children adjudicated as a child 22 in need of assistance: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 24 1,400,000 25 CHILD AND FAMILY SERVICES 26 Sec. 51. 2013 Iowa Acts, chapter 138, section 148, 27 subsection 1, as amended by 2014 Iowa Acts, chapter 1140, 28 section 25, is amended to read as follows: 29 1. There is appropriated from the general fund of the 30 state to the department of human services for the fiscal year 31 beginning July 1, 2014, and ending June 30, 2015, the following 32 amount, or so much thereof as is necessary, to be used for the 33 purpose designated: 34 For child and family services: 35 -81- LSB 2653SV (2) 86 pf/rj 81/ 207
S.F. 505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 94,857,554 1 91,364,087 2 ADOPTION SUBSIDY 3 Sec. 52. 2013 Iowa Acts, chapter 138, section 149, 4 subsection 1, as amended by 2014 Iowa Acts, chapter 1140, 5 section 26, is amended to read as follows: 6 1. There is appropriated from the general fund of the 7 state to the department of human services for the fiscal year 8 beginning July 1, 2014, and ending June 30, 2015, the following 9 amount, or so much thereof as is necessary, to be used for the 10 purpose designated: 11 For adoption subsidy payments and services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,580,749 13 41,744,149 14 FAMILY SUPPORT SUBSIDY 15 Sec. 53. 2013 Iowa Acts, chapter 138, section 151, 16 subsection 1, as amended by 2014 Iowa Acts, chapter 1140, 17 section 27, is amended to read as follows: 18 1. There is appropriated from the general fund of the 19 state to the department of human services for the fiscal year 20 beginning July 1, 2014, and ending June 30, 2015, the following 21 amount, or so much thereof as is necessary, to be used for the 22 purpose designated: 23 For the family support subsidy program subject to the 24 enrollment restrictions in section 225C.37, subsection 3 : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,079,739 26 579,739 27 FIELD OPERATIONS 28 Sec. 54. 2013 Iowa Acts, chapter 138, section 156, 29 unnumbered paragraphs 1 and 2, as amended by 2014 Iowa Acts, 30 chapter 1140, section 32, are amended to read as follows: 31 There is appropriated from the general fund of the state to 32 the department of human services for the fiscal year beginning 33 July 1, 2014, and ending June 30, 2015, the following amount, 34 or so much thereof as is necessary, to be used for the purposes 35 -82- LSB 2653SV (2) 86 pf/rj 82/ 207
S.F. 505 designated: 1 For field operations, including salaries, support, 2 maintenance, and miscellaneous purposes, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,170,976 5 61,170,976 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,837.00 7 GENERAL ADMINISTRATION 8 Sec. 55. 2013 Iowa Acts, chapter 138, section 157, 9 unnumbered paragraphs 1 and 2, as amended by 2014 Iowa Acts, 10 chapter 1140, section 33, are amended to read as follows: 11 There is appropriated from the general fund of the state to 12 the department of human services for the fiscal year beginning 13 July 1, 2014, and ending June 30, 2015, the following amount, 14 or so much thereof as is necessary, to be used for the purpose 15 designated: 16 For general administration, including salaries, support, 17 maintenance, and miscellaneous purposes, and for not more than 18 the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,072,302 20 15,072,302 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 309.00 22 PHARMACEUTICAL SETTLEMENT ACCOUNT 23 Sec. 56. 2013 Iowa Acts, chapter 138, section 162, as 24 amended by 2014 Iowa Acts, chapter 1140, section 47, is amended 25 to read as follows: 26 SEC. 162. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 27 appropriated from the pharmaceutical settlement account created 28 in section 249A.33 to the department of human services for the 29 fiscal year beginning July 1, 2014, and ending June 30, 2015, 30 the following amount, or so much thereof as is necessary, to be 31 used for the purpose designated: 32 Notwithstanding any provision of law to the contrary, to 33 supplement the appropriations made in this Act for medical 34 contracts under the medical assistance program for the fiscal 35 -83- LSB 2653SV (2) 86 pf/rj 83/ 207
S.F. 505 year beginning July 1, 2014, and ending June 30, 2015: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,467,564 2 6,969,740 3 QUALITY ASSURANCE TRUST FUND 4 Sec. 57. 2013 Iowa Acts, chapter 138, section 163, as 5 amended by 2014 Iowa Acts, chapter 1140, section 48, is amended 6 to read as follows: 7 SEC. 163. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 8 HUMAN SERVICES. Notwithstanding any provision to the contrary 9 and subject to the availability of funds, there is appropriated 10 from the quality assurance trust fund created in section 11 249L.4 to the department of human services for the fiscal year 12 beginning July 1, 2014, and ending June 30, 2015, the following 13 amounts, or so much thereof as is necessary, for the purposes 14 designated: 15 To supplement the appropriation made in this Act from the 16 general fund of the state to the department of human services 17 for medical assistance for the same fiscal year: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,195,653 19 29,695,653 20 Sec. 58. EFFECTIVE UPON ENACTMENT. This division of this 21 Act, being deemed of immediate importance, takes effect upon 22 enactment. 23 Sec. 59. RETROACTIVE APPLICABILITY. This division of this 24 Act is retroactively applicable to July 1, 2014. 25 DIVISION IX 26 QUALITY ASSURANCE ASSESSMENT 27 Sec. 60. Section 249L.3, subsection 1, paragraph d, Code 28 2015, is amended to read as follows: 29 d. The aggregate quality assurance assessments imposed 30 under this chapter shall not exceed the lower of be established 31 at three percent of the aggregate non-Medicare revenues of a 32 nursing facility or the maximum amount that may be assessed 33 pursuant to the indirect guarantee threshold as established 34 pursuant to 42 C.F.R. §433.68(f)(3)(i), and shall be stated on 35 -84- LSB 2653SV (2) 86 pf/rj 84/ 207
S.F. 505 a per-patient-day basis. 1 DIVISION X 2 HEALTH POLICY —— OVERSIGHT 3 Sec. 61. NEW SECTION . 2.70 Legislative health policy 4 oversight committee. 5 1. A legislative health policy oversight committee 6 is created to provide a formal venue for oversight of 7 and stakeholder engagement in, the design, development, 8 implementation, administration, and funding associated 9 with general state health care policy, with a particular 10 focus on the Medicaid program. The overall purpose of the 11 committee is to ensure that health care policy in this state 12 is consumer-focused and provides for accessible, accountable, 13 efficient, cost-effective, and quality health care. The goal 14 of the committee is to continue to further health policy that 15 improves health care, improves population health, reduces 16 health care costs, and integrates medical and social services 17 and supports into a holistic health system. 18 2. a. The committee shall include all of the following 19 members: 20 (1) The co-chairpersons and ranking members of the 21 legislative joint appropriations subcommittee on health 22 and human services, or members of the joint appropriations 23 subcommittee designated by the respective co-chairpersons or 24 ranking members. 25 (2) The chairpersons and ranking members of the 26 human resources committees of the senate and house of 27 representatives, or members of the respective committees 28 designated by the respective chairpersons or ranking members. 29 (3) The chairpersons and ranking members of the 30 appropriations committees of the senate and house of 31 representatives, or members of the respective committees 32 designated by the respective chairpersons or ranking members. 33 b. The members of the committee shall receive a per diem as 34 provided in section 2.10. 35 -85- LSB 2653SV (2) 86 pf/rj 85/ 207
S.F. 505 c. The committee shall meet at least quarterly, but may meet 1 as often as necessary. The committee may request information 2 from sources as deemed appropriate, and the department of human 3 services and other agencies of state government shall provide 4 information to the committee as requested. The legislative 5 services agency shall provide staff support to the committee. 6 d. The committee shall select co-chairpersons, one 7 representing the senate and one representing the house of 8 representatives, annually, from its membership. A majority of 9 the members of the committee shall constitute a quorum. 10 e. The committee may contract for the services of persons 11 who are qualified by education, expertise, or experience to 12 advise, consult with, or otherwise assist the committee in the 13 performance of its duties. 14 3. The committee shall submit a report to the governor and 15 the general assembly by December 15, annually. 16 Sec. 62. NEW SECTION . 231.44 Utilization of resources 17 —— assistance and advocacy related to long-term services and 18 supports under the Medicaid program. 19 1. The office of long-term care ombudsman may utilize its 20 available resources to provide assistance and advocacy services 21 to potential or actual recipients, or the families or legal 22 representatives of such potential or actual recipients, of 23 long-term services and supports provided through the Medicaid 24 program. Such assistance and advocacy shall include but is not 25 limited to all of the following: 26 a. Providing information, education, consultation, and 27 assistance regarding eligibility for, enrollment in, and the 28 obtaining of long-term services and supports through the 29 Medicaid program. 30 b. Identifying and referring individuals who may be eligible 31 for and in need of long-term services and supports to the 32 Medicaid program. 33 c. Developing procedures for tracking and reporting 34 individual requests for assistance with the obtaining of 35 -86- LSB 2653SV (2) 86 pf/rj 86/ 207
S.F. 505 necessary services and supports. 1 d. Providing consultation for individuals transitioning into 2 or out of an institutional setting or across levels of care. 3 e. Identifying gaps in or duplication of services provided 4 to older individuals and persons with disabilities and 5 developing strategies to improve the delivery and coordination 6 of these services for these individuals. 7 f. Providing advice, assistance, and negotiation relating 8 to the preparation and filing of complaints, grievances, and 9 appeals of complaints or grievances relating to long-term 10 services and supports under the Medicaid program. 11 g. Providing individual case advocacy services in 12 administrative hearings and legal representation for judicial 13 proceedings related to long-term services and supports under 14 the Medicaid program. 15 2. A representative of the office of long-term care 16 ombudsman providing assistance and advocacy services authorized 17 under this section for an individual, shall be provided 18 access to the individual, and shall be provided access to 19 the individual’s medical and social records as authorized by 20 the individual or the individual’s legal representative, as 21 necessary to carry out the duties specified in this section. 22 3. A representative of the office of long-term care 23 ombudsman providing assistance and advocacy services authorized 24 under this section for an individual, shall be provided access 25 to administrative records related to the provision of the 26 long-term services and supports to the individual, as necessary 27 to carry out the duties specified in this section. 28 4. For the purposes of this section: 29 a. “Institutional setting” includes a long-term care 30 facility, an elder group home, or an assisted living program. 31 b. “Long-term services and supports” means the broad range of 32 health, health-related, and personal care assistance services 33 and supports, provided in both institutional settings and home 34 and community-based settings, necessary for older individuals 35 -87- LSB 2653SV (2) 86 pf/rj 87/ 207
S.F. 505 and persons with disabilities who experience limitations in 1 their capacity for self-care due to a physical, cognitive, or 2 mental disability or condition. 3 Sec. 63. MEDICAID MANAGED CARE ORGANIZATIONS —— UTILIZATION 4 OF CAPITATED PAYMENTS. 5 1. All of the following shall apply to Medicaid managed care 6 contracts entered into on or after July 1, 2015: 7 a. Two percent of the Medicaid capitation payment amount 8 specified under the contract shall be withheld by the state to 9 be used to provide for Medicaid program oversight, including 10 for a health consumer ombudsman function, and for quality 11 improvement. 12 b. The minimum medical loss ratio applicable to Medicaid 13 managed care shall be established at no less than eighty-five 14 percent. The portion of the Medicaid capitation payment paid 15 to a Medicaid managed care contractor that is required to be 16 dedicated to meeting the minimum medical loss ratio shall be 17 allocated to a Medicaid claims fund. Expenditures of moneys 18 in the Medicaid claims fund shall comply with all of the 19 following: 20 (1) Only expenditures for medical claims shall be 21 considered in computing the minimum medical loss ratio 22 as specified in the contract. For the purposes of the 23 computation, “medical claims” means only the costs of claims 24 for direct delivery of covered benefits incurred during the 25 applicable minimum medical loss ratio reporting period, not 26 otherwise defined or designated as administrative costs, 27 population health benefits or quality improvement, or profit in 28 this section. 29 (2) If a Medicaid managed care contractor does not meet 30 the minimum medical loss ratio established under the contract 31 for the reporting period specified, the Medicaid managed 32 care contractor shall remit the excess amount, multiplied 33 by the total contract revenue, to the state for community 34 reinvestment, oversight, and quality improvement. 35 -88- LSB 2653SV (2) 86 pf/rj 88/ 207
S.F. 505 c. The portion of the Medicaid capitation payment that is 1 not required to be dedicated to meeting the minimum medical 2 loss ratio, shall be allocated to an administrative fund. 3 Expenditure or use of moneys in the administrative fund shall 4 comply with all of the following: 5 (1) Funds in the administrative fund may be used for 6 population health and quality improvement activities 7 including conflict or reinvestment free case management, care 8 coordination, community benefit expenditures, nontraditional 9 consumer-centered services that address social determinants 10 of health, health information technology, data collection and 11 analysis, and other population health and quality improvement 12 activities as specified by rule of the department of human 13 services. 14 (2) Administrative costs shall not exceed the percentage 15 applicable to the Medicaid program for administrative costs for 16 FY 2015 of a maximum of 4 percent calculated as a percentage of 17 the Medicaid capitation payment during the applicable minimum 18 medical loss ratio reporting period. Administrative functions 19 and costs shall not be shifted to providers or other entities 20 as a means of administrative cost avoidance. 21 (3) Profit, including reserves and earnings on reserves 22 such as investment income and earned interest, as a percentage 23 of the Medicaid capitated payment, shall be limited to a 24 maximum of 3 percent during the applicable minimum medical loss 25 ratio reporting period. 26 (4) Any funds remaining in the administrative fund 27 following allowable expenditures or uses specified in 28 subparagraphs (1), (2), and (3) shall be remitted to the state 29 for community reinvestment, oversight, and quality improvement. 30 2. The department of human services shall specify by rule 31 reporting requirements for Medicaid managed care contractors 32 under this section. 33 Sec. 64. PROPOSAL FOR A HEALTH CONSUMER OMBUDSMAN 34 ALLIANCE. The office of long-term care ombudsman shall 35 -89- LSB 2653SV (2) 86 pf/rj 89/ 207
S.F. 505 collaborate with the department on aging, the office of 1 substitute decision maker, the department of veterans affairs, 2 the department of human services, the department of public 3 health, the department of inspections and appeals, the 4 designated protection and advocacy agency as provided in 5 section 135C.2, subsection 4, the civil rights commission, the 6 senior health insurance information program, the Iowa insurance 7 consumer advocate, Iowa legal aid, and other consumer advocates 8 and consumer assistance programs, to develop a proposal for the 9 establishment of a health consumer ombudsman alliance. The 10 purpose of the alliance is to provide a permanent coordinated 11 system of independent consumer supports to ensure that 12 consumers, including consumers covered under Medicaid managed 13 care, obtain and maintain essential health care, are provided 14 unbiased information in understanding coverage models, and are 15 assisted in resolving problems regarding health care services, 16 coverage, access, and rights. The proposal developed shall 17 include annual budget projections and shall be submitted to the 18 governor and the general assembly no later than December 15, 19 2015. 20 Sec. 65. FUNCTIONAL, LEVEL OF CARE, AND NEEDS-BASED 21 ASSESSMENTS —— CASE MANAGEMENT. 22 1. The department of human services shall contract 23 with a conflict free third party to conduct initial and 24 subsequent functional, level of care, and needs assessments and 25 reassessments of consumers who may be eligible for long-term 26 services and supports and are subject to a Medicaid managed 27 care contract. Such assessments and reassessments shall not 28 be completed by a Medicaid managed care organization under 29 contract with the state or by any entity that is not deemed 30 conflict free. If a managed care contractor becomes aware that 31 an applicant may require long-term services and supports or 32 that an enrolled consumer’s functional level of care, support 33 needs, or medical status has changed, the Medicaid managed care 34 contractor shall notify the department and the conflict free 35 -90- LSB 2653SV (2) 86 pf/rj 90/ 207
S.F. 505 third party shall administer any assessment or reassessment 1 in response to the notification. A case manager or Medicaid 2 managed care contractor shall not alter a consumer’s service 3 plan independent of the prior administration of an assessment 4 or reassessment conducted by the conflict free third party. 5 The department of human services shall retain authority to 6 determine or redetermine a consumer’s categorical, financial, 7 level of care or needs-based eligibility based on the conflict 8 free third party assessment or reassessment. 9 2. The department of human services shall provide for 10 administration of non-biased, community-based, in-person 11 options counseling by a conflict free third party for 12 applicants for a Medicaid managed care plan. 13 3. Case management under a Medicaid managed care contract 14 shall be administered in a conflict free manner. 15 4. For the purposes of this section, “conflict free” means 16 conflict free pursuant to specifications of the balancing 17 incentive program requirements. 18 DIVISION XI 19 AUTISM 20 Sec. 66. Section 225D.1, subsections 3 and 8, Code 2015, are 21 amended to read as follows: 22 3. “Autism service provider” means a person providing 23 applied behavioral analysis, who meets all of the following 24 criteria: 25 a. Is any of the following: 26 (1) Is certified as a behavior analyst by the behavior 27 analyst certification board or is a health professional 28 licensed under chapter 147 . 29 (2) Is a board-certified assistant behavior analyst who 30 performs duties, identified by and based on the standards of 31 the behavior analyst certification board, under the supervision 32 of a board-certified behavior analyst. 33 b. Is approved as a member of the provider network by the 34 department. 35 -91- LSB 2653SV (2) 86 pf/rj 91/ 207
S.F. 505 8. “Eligible individual” means a child less than nine 1 fifteen years of age who has been diagnosed with autism based 2 on a diagnostic assessment of autism, is not otherwise eligible 3 for coverage for applied behavioral analysis treatment under 4 the medical assistance program, section 514C.28 , or private 5 insurance coverage, and whose household income does not exceed 6 four hundred percent of the federal poverty level. 7 Sec. 67. Section 225D.2, subsection 2, paragraph c, Code 8 2015, is amended to read as follows: 9 c. Notwithstanding the age limitation for an eligible 10 individual, a provision that if an eligible individual reaches 11 nine fifteen years of age prior to completion of the maximum 12 applied behavioral analysis treatment period specified in 13 paragraph “b” , the individual may complete such treatment in 14 accordance with the individual’s treatment plan, not to exceed 15 the maximum treatment period. 16 Sec. 68. Section 225D.2, subsection 2, Code 2015, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . l. Proof of eligibility for the autism 19 support program that includes a written denial for coverage or 20 a benefits summary indicating that applied behavioral analysis 21 treatment is not a covered benefit for which the applicant 22 is eligible, under the Medicaid program, section 514C.28, or 23 private insurance coverage. 24 DIVISION XII 25 OFFICE OF SUBSTITUTE DECISIONMAKER 26 Sec. 69. Section 231E.4, subsection 3, paragraph a, Code 27 2015, is amended to read as follows: 28 a. Select persons through a request for proposals process to 29 establish local offices of substitute decision maker in each 30 of the planning and service areas. Local offices shall be 31 established statewide on or before July 1, 2015 2017 . 32 DIVISION XIII 33 DEMENTIA WORKFORCE 34 Sec. 70. INTERAGENCY DEMENTIA PROFICIENT WORKFORCE TASK 35 -92- LSB 2653SV (2) 86 pf/rj 92/ 207
S.F. 505 FORCE. The department on aging shall convene an interagency 1 task force, in collaboration with the office of long-term 2 care ombudsman, the office of substitute decision maker, the 3 departments of public health, human services, and inspections 4 and appeals, and the Alzheimer’s association, to review the 5 recommendations for a standard curriculum model for dementia 6 education submitted by the Alzheimer’s association dementia 7 education task force to the department on aging in June 2010, 8 in the Iowa dementia education project final report, and the 9 curricula-related recommendations submitted by the direct care 10 worker task force and the direct care worker advisory council; 11 identify staff, in settings in which individuals with dementia 12 may seek services and care, who should have some level of 13 dementia proficiency and analyze gaps in existing training 14 and educational requirements; and develop an implementation 15 plan to transition toward competency-based dementia curricula 16 and training that achieves dementia proficiency across a 17 broader care continuum. To the greatest extent possible, 18 the plan shall address training strategies for different 19 settings, levels of skill, and licensure. The plan shall 20 include a timeline for implementation, fiscal implications of 21 recommendations, and identification of key decision points 22 for the general assembly. The task force shall provide 23 opportunities for stakeholder input from affected industry, 24 education, professional, employee, and consumer organizations. 25 The task force shall submit its recommendations to the governor 26 and the general assembly no later than December 15, 2015. 27 DIVISION XIV 28 PHARMACEUTICAL COLLECTION AND DISPOSAL PROGRAM 29 Sec. 71. Section 155A.43, Code 2015, is amended to read as 30 follows: 31 155A.43 Pharmaceutical collection and disposal program —— 32 annual allocation. 33 Of the fees collected pursuant to sections 124.301 and 34 147.80 and chapter 155A by the board of pharmacy, and retained 35 -93- LSB 2653SV (2) 86 pf/rj 93/ 207
S.F. 505 by the board pursuant to section 147.82 , not more than 1 one hundred twenty-five seventy-five thousand dollars may 2 be allocated annually by the board for administering the 3 pharmaceutical collection and disposal program originally 4 established pursuant to 2009 Iowa Acts, ch. 175, §9. The 5 program shall provide for the management and disposal of 6 unused, excess, and expired pharmaceuticals. The board of 7 pharmacy may cooperate with the Iowa pharmacy association and 8 may consult with the department and sanitary landfill operators 9 in administering the program. 10 DIVISION XV 11 MEDICAID STATE PLAN —— FAMILY PLANNING 12 Sec. 72. MEDICAID STATE PLAN AMENDMENT —— FAMILY 13 PLANNING. The department of human services shall amend the 14 medical assistance state plan to include, effective no later 15 than January 1, 2016, the eligibility provisions of the Iowa 16 family planning network section 1115 demonstration waiver in 17 effect on January 1, 2015. The department shall implement 18 the state plan amendment upon receipt of approval by the 19 centers for Medicare and Medicaid services of the United States 20 department of health and human services. 21 Sec. 73. EFFECTIVE DATE. This division of this Act, being 22 deemed of immediate importance, takes effect upon enactment. 23 DIVISION XVI 24 IOWA ABLE SAVINGS PLAN TRUST 25 Sec. 74. NEW SECTION . 12I.1 Purpose and definitions. 26 1. The general assembly finds that the general welfare 27 and well-being of the state are directly related to the 28 health, maintenance, independence, and quality of life of its 29 disabled residents, and that a vital and valid public purpose 30 is served by the creation and implementation of programs that 31 encourage and make possible savings to secure funding for 32 disability-related expenses on behalf of individuals with 33 disabilities that will supplement, but not supplant, other 34 benefits provided by various federal, state, and private 35 -94- LSB 2653SV (2) 86 pf/rj 94/ 207
S.F. 505 sources. The creation of the means of encouragement for 1 citizens to invest in such a program represents the carrying 2 out of a vital and valid public purpose. In order to make 3 available to the citizens of the state an opportunity to fund 4 future disability-related expenses of individuals, it is 5 necessary that a public trust be established in which moneys 6 may be invested for payment of future disability-related 7 expenses of an individual. 8 2. As used in this chapter, unless the context otherwise 9 requires: 10 a. “Account balance limit” means the maximum allowable 11 aggregate balance of an account established for a designated 12 beneficiary. Account earnings, if any, are included in the 13 account balance limit. 14 b. “Account owner” means an individual who enters into a 15 participation agreement under this chapter for the payment 16 of qualified disability expenses on behalf of a designated 17 beneficiary. 18 c. “Contracting state” means the same as defined in section 19 529A of the Internal Revenue Code. 20 d. “Designated beneficiary” means an individual who is a 21 resident of this state or a resident of a contracting state and 22 who meets the definition of “eligible individual” in section 23 529A of the Internal Revenue Code. 24 e. “Internal Revenue Code” means the Internal Revenue Code 25 of 1986, as amended, and regulations promulgated thereunder. 26 f. “Iowa ABLE savings plan trust” or “trust” means the trust 27 created under section 12I.2. 28 g. “Participation agreement” means an agreement between the 29 account owner and the trust entered into under this chapter. 30 h. “Qualified ABLE program means the same as defined in 31 section 529A of the Internal Revenue Code. 32 i. “Qualified disability expenses” means the same as defined 33 in section 529A of the Internal Revenue Code. 34 j. “Resident” shall be defined by rules adopted by the 35 -95- LSB 2653SV (2) 86 pf/rj 95/ 207
S.F. 505 treasurer of state. The rules shall determine residency in 1 such manner as may be required or permitted under section 2 529A of the Internal Revenue Code, or, in the absence of any 3 guidance under federal law, as the treasurer of state deems 4 advisable for the purpose of satisfying the requirements of 5 section 529A of the Internal Revenue Code. 6 Sec. 75. NEW SECTION . 12I.2 Creation of Iowa ABLE savings 7 plan trust. 8 An Iowa ABLE savings plan trust is created. The treasurer of 9 state is the trustee of the trust, and has all powers necessary 10 to carry out and effectuate the purposes, objectives, and 11 provisions of this chapter pertaining to the trust, including 12 the power to do all of the following: 13 1. Make and enter into contracts necessary for the 14 administration of the trust created under this chapter. 15 2. Enter into agreements with this state or any other 16 state, or any federal or other state agency, or other entity as 17 required to implement this chapter. 18 3. Carry out the duties and obligations of the trust 19 pursuant to this chapter. 20 4. Accept any grants, gifts, legislative appropriations, 21 and other moneys from the state, any unit of federal, state, or 22 local government, or any other person, firm, partnership, or 23 corporation which the treasurer of state shall deposit into the 24 administrative fund or program fund. 25 5. Participate in any federal, state, or local governmental 26 program for the benefit of the trust. 27 6. Procure insurance against any loss in connection with the 28 property, assets, or activities of the trust. 29 7. Enter into participation agreements with account owners. 30 8. Make payments to designated beneficiaries pursuant to 31 participation agreements. 32 9. Make refunds to account owners upon the termination 33 of participation agreements, and partial nonqualified 34 distributions to account owners, pursuant to this chapter and 35 -96- LSB 2653SV (2) 86 pf/rj 96/ 207
S.F. 505 the limitations and restrictions set forth in this chapter. 1 10. Invest moneys from the program fund in any investments 2 that are determined by the treasurer of state to be 3 appropriate. 4 11. Engage investment advisors, if necessary, to assist in 5 the investment of trust assets. 6 12. Contract for goods and services and engage personnel 7 as necessary, including consultants, actuaries, managers, 8 legal counsel, and auditors for the purpose of rendering 9 professional, managerial, and technical assistance and advice 10 to the treasurer of state regarding trust administration and 11 operation. 12 13. Establish, impose, and collect administrative fees 13 and charges in connection with transactions of the trust, and 14 provide for reasonable service charges, including penalties for 15 cancellations and late payments with respect to participation 16 agreements. 17 14. Administer the funds of the trust. 18 15. Prepare and file reports and notices. 19 16. Enter into agreements with contracting states to permit 20 residents of the contracting state to participate in the Iowa 21 ABLE savings plan trust. 22 17. Adopt rules pursuant to chapter 17A for the 23 administration of this chapter. 24 Sec. 76. NEW SECTION . 12I.3 Participation agreements for 25 trust. 26 On or after July 1, 2016, the trust may enter into 27 participation agreements with account owners pursuant to the 28 following terms and agreements: 29 1. a. Unless otherwise permitted under section 529A of the 30 Internal Revenue Code, the treasurer of state shall allow only 31 one participation agreement per designated beneficiary. 32 b. Unless otherwise permitted under section 529A of the 33 Internal Revenue Code, the account owner must also be the 34 designated beneficiary of the account. However, a trustee or 35 -97- LSB 2653SV (2) 86 pf/rj 97/ 207
S.F. 505 legal guardian may be designated as custodian of an account for 1 a designated beneficiary who is a minor or who lacks capacity 2 to enter into a participation agreement if such designation is 3 not prohibited under section 529A of the Internal Revenue Code. 4 c. The treasurer of state shall set an annual contribution 5 limit and account balance limit to maintain compliance with 6 section 529A of the Internal Revenue Code. A contribution 7 shall not be permitted to the extent it exceeds the annual 8 contribution limit or causes the aggregate balance of the 9 account established for the designated beneficiary to exceed 10 the applicable account balance limit. 11 d. The maximum amount that may be deducted per year for 12 Iowa income tax purposes by an individual for contributions on 13 behalf of any one designated beneficiary that is a resident 14 of this state shall not exceed the maximum deductible amount 15 determined for the year pursuant to section 12D.3, subsection 16 1, paragraph “a” . 17 e. Participation agreements may be amended to provide 18 for adjusted levels of contributions based upon changed 19 circumstances or changes in disability-related expenses. 20 f. Any person may make contributions pursuant to a 21 participation agreement on behalf of a designated beneficiary 22 under rules adopted by the treasurer of state. 23 2. The execution of a participation agreement by the trust 24 shall not guarantee in any way that future disability-related 25 expenses will be equal to projections and estimates provided by 26 the trust or that the account owner or designated beneficiary 27 is guaranteed any of the following: 28 a. A return of principal. 29 b. A rate of interest or other return from the trust. 30 c. Payment of interest or other return from the trust. 31 3. a. A designated beneficiary under a participation 32 agreement may be changed as permitted under rules adopted by 33 the treasurer of state upon written request of the account 34 owner as long as such change would be permitted by section 529A 35 -98- LSB 2653SV (2) 86 pf/rj 98/ 207
S.F. 505 of the Internal Revenue Code. 1 b. Participation agreements may otherwise be freely amended 2 throughout their terms in order to enable account owners to 3 increase or decrease the level of participation, change the 4 designated beneficiary, and carry out similar matters as 5 authorized by rule. 6 4. Each participation agreement shall provide that the 7 participation agreement may be canceled upon the terms and 8 conditions, and upon payment of applicable fees and costs set 9 forth and contained in the rules adopted by the treasurer of 10 state. 11 Sec. 77. NEW SECTION . 12I.4 Program and administrative 12 funds —— investment and payment. 13 1. a. The treasurer of state shall segregate moneys 14 received by the trust into two funds: the program fund and the 15 administrative fund. 16 b. All moneys paid by account owners or other persons 17 on behalf of a designated beneficiary in connection with 18 participation agreements shall be deposited as received into 19 separate accounts for each designated beneficiary within the 20 program fund. 21 c. Contributions to the trust made on behalf of designated 22 beneficiaries may only be made in the form of cash. 23 d. An account owner or designated beneficiary is 24 not permitted to provide investment direction regarding 25 contributions or earnings held by the trust. 26 2. Moneys accrued by account owners in the program fund 27 of the trust may be used for payments of qualified disability 28 expenses. 29 3. Moneys in the account of a designated beneficiary may 30 be claimed by the Iowa Medicaid program as provided in section 31 529A(f) of the Internal Revenue Code and subject to limitations 32 imposed by the treasurer of state. 33 4. The trust shall comply with Pub. L. No. 113-295, §103, 34 regarding treatment of ABLE accounts under certain federal 35 -99- LSB 2653SV (2) 86 pf/rj 99/ 207
S.F. 505 programs. 1 5. Moneys in the funds are not subject to section 8.33. 2 Notwithstanding section 12C.7, interest or earnings on moneys 3 in the funds shall be credited to the funds. 4 Sec. 78. NEW SECTION . 12I.5 Cancellation of agreements. 5 An account owner may cancel a participation agreement at 6 will. Upon cancellation of a participation agreement, an 7 account owner shall be entitled to the return of the account 8 owner’s account balance. 9 Sec. 79. NEW SECTION . 12I.6 Repayment and ownership of 10 payments and investment income —— transfer of ownership rights. 11 1. a. An account owner retains ownership of all 12 contributions made on behalf of a designated beneficiary under 13 a participation agreement up to the date of utilization for 14 payment of qualified disability expenses of the designated 15 beneficiary. 16 b. All income derived from the investment of the 17 contributions made on behalf of a designated beneficiary shall 18 be considered to be held in trust for the benefit of the 19 designated beneficiary. 20 2. In the event the trust is terminated prior to payment of 21 qualified disability expenses for the designated beneficiary, 22 the account owner is entitled to a refund of the account 23 owner’s account balance. 24 3. Any amounts which may be paid to any person or persons 25 pursuant to the Iowa ABLE savings plan trust but which are not 26 listed in this section are owned by the trust. 27 4. An account owner may transfer ownership rights to 28 another designated beneficiary, including a gift of the 29 ownership rights to a designated beneficiary who is a minor, in 30 accordance with rules adopted by the treasurer of state and the 31 terms of the participation agreement, so long as the transfer 32 would be permitted by section 529A of the Internal Revenue 33 Code. 34 5. An account owner or designated beneficiary shall not be 35 -100- LSB 2653SV (2) 86 pf/rj 100/ 207
S.F. 505 entitled to utilize any interest in the trust as security for 1 a loan. 2 Sec. 80. NEW SECTION . 12I.7 Reports —— annual audited 3 financial report —— reports under federal law. 4 1. a. The treasurer of state shall submit an annual 5 audited financial report, prepared in accordance with generally 6 accepted accounting principles, on the operations of the trust 7 by November 1 to the governor and the general assembly. 8 b. The annual audit shall be made either by the auditor 9 of state or by an independent certified public accountant 10 designated by the auditor of state and shall include direct and 11 indirect costs attributable to the use of outside consultants, 12 independent contractors, and any other persons who are not 13 state employees. 14 2. The annual audit shall be supplemented by all of the 15 following information prepared by the treasurer of state: 16 a. Any related studies or evaluations prepared in the 17 preceding year. 18 b. A summary of the benefits provided by the trust, 19 including the number of account owners and designated 20 beneficiaries in the trust, or, if the trust has caused this 21 state to become a contracting state pursuant to section 12I.10, 22 a summary of the benefits provided to Iowa residents by the 23 contracted qualified ABLE program, including the number of 24 account owners and designated beneficiaries in the contracted 25 qualified ABLE program who are Iowa residents. 26 c. Any other information deemed relevant by the treasurer of 27 state in order to make a full, fair, and effective disclosure 28 of the operations of the trust or the contracted qualified ABLE 29 program if applicable. 30 3. The treasurer of state shall prepare and submit to the 31 secretary of the United States treasury or other required party 32 any reports, notices, or statements required under section 529A 33 of the Internal Revenue Code. 34 Sec. 81. NEW SECTION . 12I.8 Tax considerations. 35 -101- LSB 2653SV (2) 86 pf/rj 101/ 207
S.F. 505 1. For federal income tax purposes, the Iowa ABLE savings 1 plan trust shall be considered a qualified ABLE program exempt 2 from taxation pursuant to section 529A of the Internal Revenue 3 Code and shall be operated so that it meets the requirements of 4 section 529A of the Internal Revenue Code. 5 2. State income tax treatment of the Iowa ABLE savings plan 6 trust shall be as provided in section 422.7, subsections 34 and 7 34A. 8 3. State inheritance tax treatment of interests in Iowa ABLE 9 savings plans shall be as provided in section 450.4, subsection 10 9. 11 Sec. 82. NEW SECTION . 12I.9 Property rights to assets in 12 trust. 13 1. The assets of the trust shall at all times be preserved, 14 invested, and expended solely and only for the purposes of the 15 trust and shall be held in trust for the account owners and 16 designated beneficiaries. 17 2. Except as provided in section 12I.4, subsection 3, no 18 property rights in the trust shall exist in favor of the state. 19 3. Except as provided in section 12I.4, subsection 3, the 20 assets of the trust shall not be transferred or used by the 21 state for any purposes other than the purposes of the trust. 22 Sec. 83. NEW SECTION . 12I.10 Implementation as a 23 contracting state —— tax considerations. 24 1. The general assembly acknowledges that section 529A of 25 the Internal Revenue Code permits access to qualified ABLE 26 programs by residents of a state without such a program. The 27 general assembly finds that becoming a contracting state may 28 accomplish the public purpose set forth in section 12I.1, 29 subsection 1, in the same manner as if the qualified ABLE 30 program under the Iowa ABLE savings plan trust were to be 31 implemented and administered by this state. To that end, 32 the treasurer of state, as trustee of the trust, may defer 33 implementation of the qualified ABLE program under the trust 34 and alternatively cause this state to become a contracting 35 -102- LSB 2653SV (2) 86 pf/rj 102/ 207
S.F. 505 state by entering into an agreement with another state with a 1 qualified ABLE program to provide Iowa residents access to that 2 state’s qualified ABLE program. The trust shall not enter into 3 an agreement pursuant to this section unless the treasurer, 4 as trustee of the trust, determines that all of the following 5 requirements are satisfied: 6 a. The program is a qualified ABLE program. 7 b. The qualified ABLE program provides comparable benefits 8 and protections to Iowa residents as would be provided under 9 the Iowa ABLE savings plan trust. 10 c. That entering into an agreement for access to the 11 qualified ABLE program would not result in increased costs to 12 the state or to account owners and designated beneficiaries as 13 compared to the costs of implementing and administering the 14 qualified ABLE program under the Iowa ABLE savings plan trust. 15 d. The qualified ABLE program will be audited annually by 16 an independent certified public accountant or by the state 17 auditor, or similar public official, of the state that has 18 implemented the qualified ABLE program. 19 e. The qualified ABLE program will provide information to 20 the treasurer of state as trustee of the trust so as to allow 21 the trustee to fulfill the reporting requirements in section 22 12I.7. 23 2. a. The maximum amount that may be deducted per year for 24 Iowa income tax purposes by an individual for contributions on 25 behalf of any one designated beneficiary that is a resident of 26 this state to the qualified ABLE program with which the state 27 has contracted pursuant to this section shall not exceed the 28 maximum deductible amount determined for the year pursuant to 29 section 12D.3, subsection 1, paragraph “a” . 30 b. State income tax treatment of the qualified ABLE program 31 with which the state has contracted pursuant to this section 32 shall be as provided in section 422.7, subsections 34 and 34A. 33 3. State inheritance tax treatment of interests in the 34 qualified ABLE program with which the state has contracted 35 -103- LSB 2653SV (2) 86 pf/rj 103/ 207
S.F. 505 pursuant to this section shall be as provided in section 450.4, 1 subsection 9. 2 Sec. 84. NEW SECTION . 12I.11 Construction. 3 This chapter shall be construed liberally in order to 4 effectuate its purpose. 5 Sec. 85. Section 422.7, Code 2015, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 34. a. Subtract the amount contributed 8 during the tax year on behalf of a designated beneficiary 9 that is a resident of this state to the Iowa ABLE savings 10 plan trust or to the qualified ABLE program with which the 11 state has contracted pursuant to section 12I.10, not to exceed 12 the maximum contribution level established in section 12I.3, 13 subsection 1, paragraph “d” , or section 12I.10, subsection 2, 14 paragraph “a” , as applicable. 15 b. Add the amount resulting from the cancellation of a 16 participation agreement refunded to the taxpayer as an account 17 owner in the Iowa ABLE savings plan trust or the qualified 18 ABLE program with which the state has contracted pursuant to 19 section 12I.10 to the extent previously deducted pursuant 20 to this subsection by the taxpayer or any other person as a 21 contribution to the trust or qualified ABLE program. 22 c. Add the amount resulting from a withdrawal made by a 23 taxpayer from the Iowa ABLE savings plan trust or the qualified 24 ABLE program with which the state has contracted pursuant to 25 section 12I.10 for purposes other than the payment of qualified 26 disability expenses to the extent previously deducted pursuant 27 to this subsection by the taxpayer or any other person as a 28 contribution to the trust or qualified ABLE program. 29 NEW SUBSECTION . 34A. Subtract, to the extent included, 30 income from interest and earnings received from the Iowa ABLE 31 savings plan trust created in chapter 12I, or received by a 32 resident account owner from a qualified ABLE program with which 33 the state has contracted pursuant to section 12I.10. 34 Sec. 86. Section 450.4, Code 2015, is amended by adding the 35 -104- LSB 2653SV (2) 86 pf/rj 104/ 207
S.F. 505 following new subsection: 1 NEW SUBSECTION . 9. On the value of any interest in the Iowa 2 ABLE savings plan trust created in chapter 12I, or any interest 3 held by a resident account owner in a qualified ABLE program 4 with which the state has contracted pursuant to section 12I.10. 5 Sec. 87. CONTINGENT IMPLEMENTATION. The implementation of 6 chapter 12I as enacted in this division of this Act is subject 7 to an appropriation with the stated purpose of the Iowa ABLE 8 Savings Plan Trust. 9 Sec. 88. APPLICABILITY. The section of this division of 10 this Act amending section 450.4 applies to estates of decedents 11 dying on or after January 1, 2016. 12 Sec. 89. APPLICABILITY. The section of this division of 13 this Act amending section 422.7 applies to tax years beginning 14 on or after January 1, 2016. 15 DIVISION XVII 16 STATE CHILD CARE ASSISTANCE —— INCOME ELIGIBILITY 17 Sec. 90. Section 237A.13, subsection 7, paragraph c, Code 18 2015, is amended to read as follows: 19 c. Families with an income of more than one hundred 20 percent but not more than one hundred forty-five sixty percent 21 of the federal poverty level whose members, for at least 22 twenty-eight hours per week in the aggregate, are employed 23 or are participating at a satisfactory level in an approved 24 training program or educational program. 25 Sec. 91. DIRECTIVE TO DEPARTMENT OF HUMAN SERVICES ON 26 CHILD CARE ASSISTANCE. The department of human services shall 27 amend its administrative rules relating to income eligibility 28 for state child care assistance, according to family size for 29 children needing basic care, to families whose nonexempt gross 30 monthly income does not exceed 160 percent of the federal 31 poverty level. 32 DIVISION XVIII 33 COUNTY MENTAL HEALTH AND DISABILITIES SERVICES FUNDING —— 34 EQUALIZATION AND MEDICAID OFFSET 35 -105- LSB 2653SV (2) 86 pf/rj 105/ 207
S.F. 505 Sec. 92. Section 331.424A, subsection 8, unnumbered 1 paragraph 1, Code 2015, is amended to read as follows: 2 Notwithstanding subsection 6 , for the fiscal years beginning 3 July 1, 2013, July 1, 2014, and July 1, 2015, and July 1, 2016, 4 county revenues from taxes levied by the county and credited 5 to the county services fund shall not exceed the lower of the 6 following amounts: 7 Sec. 93. Section 426B.3, subsection 1, Code 2015, is amended 8 to read as follows: 9 1. For the fiscal years beginning July 1, 2013, July 10 1, 2014, and July 1, 2015, and July 1, 2016, the state and 11 county funding for the mental health and disability services 12 administered or paid for by counties shall be provided based on 13 a statewide per capita expenditure target amount computed in 14 accordance with this section and section 331.424A . 15 Sec. 94. Section 426B.3, subsection 4, paragraph a, Code 16 2015, is amended to read as follows: 17 a. For the fiscal years beginning July 1, 2013, July 1, 18 2014, and July 1, 2015, and July 1, 2016, a county with a county 19 population expenditure target amount that exceeds the amount 20 of the county’s base year expenditures for mental health and 21 disabilities services shall receive an equalization payment for 22 the difference. 23 Sec. 95. Section 426B.3, subsection 5, Code 2015, is amended 24 by striking the subsection. 25 DIVISION XIX 26 MEDICAID OFFSET PAYMENTS —— PROPERTY TAX RELIEF FUND 27 APPROPRIATIONS 28 Sec. 96. MEDICAID OFFSET PAYMENTS —— PROPERTY TAX RELIEF 29 FUND APPROPRIATION. 30 1. Of the moneys credited to the property tax relief fund 31 pursuant to section 426B.3, subsection 5, paragraph “e”, 32 subparagraph (1), Code 2015, in the fiscal year beginning July 33 1, 2014, and ending June 30, 2015, there is appropriated to the 34 department of human services for the fiscal year beginning July 35 -106- LSB 2653SV (2) 86 pf/rj 106/ 207
S.F. 505 1, 2015, and ending June 30, 2016, the following amounts, to be 1 used for the purposes designated, notwithstanding any contrary 2 provision of chapter 426B: 3 a. For reductions in the waiting lists of all medical 4 assistance home and community-based services waivers: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,092,000 6 b. For allocation to the department on aging for a grant 7 to a nationally affiliated organization providing support and 8 education to people living with Alzheimer’s disease and other 9 related dementias to be used for a statewide public awareness 10 campaign regarding the signs of Alzheimer’s disease and other 11 related dementias and the resources available to such people: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 13 c. For development of an application for a planning 14 grant through the substance abuse and mental health services 15 administration of the United States department of health and 16 human services to participate in a two-year pilot project for 17 certified community behavioral health clinics under the federal 18 Protecting Access to Medicare Act of 2014, Pub. L. No. 113-93: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 240,000 20 The department may use the funds allocated pursuant to this 21 paragraph to contract for necessary support to develop and 22 submit the application for the planning grant. The department 23 shall submit the application for the planning grant to the 24 centers for Medicare and Medicaid services of the United States 25 department of health and human services upon completion of the 26 application. 27 2. Of the moneys credited to the property tax relief 28 fund pursuant to section 426B.3, subsection 5, paragraph e, 29 subparagraph (1), Code 2015, in the fiscal year beginning July 30 1, 2014, and ending June 30, 2015, there is appropriated to 31 the department of human services for the fiscal year beginning 32 July 1, 2015, and ending June 30, 2016, the following amount, 33 or so much thereof as is necessary, to be used for the purpose 34 designated: 35 -107- LSB 2653SV (2) 86 pf/rj 107/ 207
S.F. 505 a. For distribution to a mental health and disability 1 services region where 25 percent of a region’s projected 2 expenditures exceeds the region’s projected fund balance: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,554,651 4 b. For purposes of this section: 5 (1) “Available funds” means a county mental health and 6 services fund balance on June 30, 2015, plus the maximum amount 7 a county was allowed to levy for the fiscal year beginning July 8 1, 2015. 9 (2) “Projected expenditures” means the actual expenditures 10 of a mental health and disability services region as of June 11 30, 2015, multiplied by an annual inflation rate equal to 12 2 percent plus the projected costs for core services and 13 additional core services administered by the region as provided 14 in a region’s regional service system management plan approved 15 pursuant to section 331.393 for the fiscal year beginning July 16 1, 2015. 17 (3) “Projected fund balance” means the difference between a 18 mental health and disability services region’s available funds 19 and projected expenditures. 20 c. If sufficient funds are not available to implement this 21 subsection, the department of human services shall distribute 22 funds to a region in proportion to the availability of funds. 23 DIVISION XX 24 PROPERTY TAX RELIEF FUND —— BLOCK GRANT MONEYS —— MENTAL HEALTH 25 INSTITUTES 26 Sec. 97. MENTAL HEALTH INSTITUTES. The moneys transferred 27 to the property tax relief fund for the fiscal year beginning 28 July 1, 2015, from the federal social services block grant 29 pursuant to 2015 Iowa Acts, House File 630, if enacted, and 30 from the federal temporary assistance for needy families block 31 grant, totaling at least $11,774,275, are appropriated to the 32 department of human services for the fiscal year beginning July 33 1, 2015, and ending June 30, 2016, to be used for the purposes 34 designated: 35 -108- LSB 2653SV (2) 86 pf/rj 108/ 207
S.F. 505 1. For the state mental health institute at Clarinda for 1 salaries, support, maintenance, and miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,836,507 3 2. For the state mental health institute at Mount Pleasant 4 for salaries, support, maintenance, and miscellaneous purposes, 5 and for not more than the following full-time equivalent 6 positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,937,768 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.68 9 DIVISION XXI 10 STUDY —— CHILD WELFARE ADVISORY COMMITTEE 11 Sec. 98. STUDY —— CHILD WELFARE ADVISORY COMMITTEE. The 12 child welfare advisory committee of the council on human 13 services established pursuant to section 217.3A shall study 14 procedures in the department of human services for receiving 15 complaints from families involved in guardianship, placement, 16 and custody proceedings; the specificity and clarity of court 17 orders issued in foster care placements pursuant to the State 18 of Iowa Primary Review of Tit. IV-E Foster Care Eligibility 19 Report of Findings for October 1, 2012, through March 31, 2013; 20 caseload trends of social workers, including an analysis of how 21 Iowa compares nationally and with best practices as defined 22 by national associations; and immunity provisions for social 23 workers employed by the department of human services and basic 24 qualifications of social workers employed by the department 25 of human services. The committee shall submit a report with 26 findings and recommendations to the governor and general 27 assembly on or before December 15, 2015. 28 DIVISION XXII 29 COVERAGE OF SERVICES PROVIDED BY A PHYSICAL THERAPIST, 30 OCCUPATIONAL THERAPIST, OR SPEECH PATHOLOGIST 31 Sec. 99. NEW SECTION . 514C.30 Services provided by 32 a physical therapist, occupational therapist, or speech 33 pathologist. 34 1. Notwithstanding the uniformity of treatment requirements 35 -109- LSB 2653SV (2) 86 pf/rj 109/ 207
S.F. 505 of section 514C.6, a policy, contract, or plan providing 1 for third-party payment or prepayment of health or medical 2 expenses shall not impose a copayment or coinsurance amount 3 on an insured for services provided by a physical therapist 4 licensed pursuant to chapter 148A, by an occupational therapist 5 licensed pursuant to chapter 148B, or by a speech pathologist 6 licensed pursuant to 154F that is greater than the copayment or 7 coinsurance amount imposed on the insured for services provided 8 by a person engaged in the practice of medicine and surgery 9 or osteopathic medicine and surgery under chapter 148 for the 10 same or a similar diagnosed condition even if a different 11 nomenclature is used to describe the condition for which the 12 services are provided. 13 2. This section applies to the following classes of 14 third-party payment provider policies, contracts, or plans 15 delivered, issued for delivery, continued, or renewed in this 16 state on or after July 1, 2015: 17 a. Individual or group accident and sickness insurance 18 providing coverage on an expense-incurred basis. 19 b. An individual or group hospital or medical service 20 contract issued pursuant to chapter 509, 514, or 514A. 21 c. An individual or group health maintenance organization 22 contract regulated under chapter 514B. 23 d. A plan established pursuant to chapter 509A for public 24 employees. 25 e. An organized delivery system licensed by the director of 26 public health. 27 3. This section shall not apply to accident-only, 28 specified disease, short-term hospital or medical, hospital 29 confinement indemnity, credit, dental, vision, Medicare 30 supplement, long-term care, basic hospital and medical-surgical 31 expense coverage as defined by the commissioner, disability 32 income insurance coverage, coverage issued as a supplement 33 to liability insurance, workers’ compensation or similar 34 insurance, or automobile medical payment insurance. 35 -110- LSB 2653SV (2) 86 pf/rj 110/ 207
S.F. 505 DIVISION XXIII 1 CHILDREN’S MENTAL HEALTH AND WELL-BEING WORKGROUP 2 Sec. 100. CHILDREN’S MENTAL HEALTH AND WELL-BEING 3 WORKGROUP. The department of human services, in cooperation 4 with the departments of education and public health, shall 5 facilitate a workgroup of stakeholders to study and make 6 recommendations relating to children’s mental health and 7 well-being in this state. The issues that may be considered 8 by the workgroup include developing a strategic plan for 9 data systems to provide for a comprehensive analysis of 10 the mental health and well-being of children in this state; 11 creating a comprehensive system of care for children that 12 incorporates a coordinated response to mental health issues 13 across many disciplines including education, public health, 14 mental health, child welfare, and child welfare systems 15 and services and that specifically addresses the effects of 16 adverse childhood experiences and extreme child poverty and 17 homelessness; and building interdepartmental awareness of 18 issues relating to child mental health and well-being and 19 creating interdepartmental strategies for helping improve 20 child mental health and well-being and understanding impacts 21 on education and employment outcomes; examining child care 22 quality and affordability; and determining how government can 23 create community partnerships to help address issues of child 24 mental health and well-being. In carrying out the charge 25 of the workgroup, the workgroup shall review a 2014 report 26 by the children’s defense fund on the state of America’s 27 children containing the most recent and reliable national and 28 state-by-state data on many complex issues affecting children’s 29 health and well-being, including data on more than 7,000 30 homeless public school students in Iowa. The workgroup shall 31 develop and recommend proactive strategies across state systems 32 to address these most complex needs impacting children’s mental 33 health and well-being which will also aid different populations 34 of children with fewer challenges. The workgroup shall submit 35 -111- LSB 2653SV (2) 86 pf/rj 111/ 207
S.F. 505 a report on the study and make recommendations to the governor 1 and the general assembly on or before December 15, 2015. 2 DIVISION XXIV 3 PREVENTION OF DISABILITIES POLICY COUNCIL 4 Sec. 101. NEW SECTION . 225B.101 Findings and intent. 5 1. The general assembly finds that: 6 a. Between ten and twenty percent of Iowans have a 7 disability that affects their ability to learn, work, 8 communicate, perform activities of daily living, and 9 participate in everyday community life. These disabilities 10 are the result of genetics, environmental factors, injury, or 11 illness; may occur at any point in life; may be mild, severe, 12 or intermittent; and are often very costly for the individuals 13 affected, their families, and government both in terms of 14 quality of life and financial expenditures. 15 b. Most disabilities are due to conditions that can be 16 prevented, can be minimized if recognized and treated early, or 17 can be reduced through appropriate accommodation. 18 c. A need exists to optimize the use of cost-effective 19 prevention of disability strategies in state policies and 20 programs in order to reduce the cost of disabilities to Iowa’s 21 citizens and government. 22 2. It is the intent of the general assembly to establish 23 a structure and process to identify opportunities to enhance 24 prevention of disability efforts in Iowa, design cross-agency 25 strategies to address the prevention of disabilities, integrate 26 and coordinate proven prevention of disability strategies 27 within state programs, and inform the general assembly about 28 priority prevention of disability policies and programs. 29 Sec. 102. NEW SECTION . 225B.102 Definitions. 30 As used in this chapter, unless the context otherwise 31 requires: 32 1. “Council” means the prevention of disabilities policy 33 council. 34 2. “Disability” means an individual who meets the definition 35 -112- LSB 2653SV (2) 86 pf/rj 112/ 207
S.F. 505 in 42 U.S.C. §12102. 1 3. “Prevention” activities include policies, programs, and 2 practices that do any of the following: 3 a. Prevent a disability or a condition that leads to a 4 disability from occurring. 5 b. Identify a disability or a condition that leads to a 6 disability early on so that intervention can eliminate the risk 7 of a disability or minimize the disability’s effect. 8 c. Reduce the effects of a disability on an individual’s 9 health and independence. 10 Sec. 103. NEW SECTION . 225B.103 Prevention of disabilities 11 policy council established —— membership —— duties. 12 1. A prevention of disabilities policy council is 13 established to focus state prevention of disability efforts 14 and provide oversight in the development and operation of a 15 coordinated prevention of disabilities system. The council 16 shall consist of the following members: 17 a. Three providers of disability prevention services 18 appointed by the governor and confirmed by the senate. The 19 governor may consider recommendations from the prevention of 20 disabilities policy council in making appointments. 21 b. Three persons with expertise in priority prevention areas 22 appointed by the governor and confirmed by the senate. The 23 governor may consider recommendations from the prevention of 24 disabilities policy council in making appointments. 25 c. Three persons with disabilities or family members 26 of a person with disabilities appointed by the governor, 27 and confirmed by the senate. The governor may consider 28 recommendations from the prevention of disabilities policy 29 council in making appointments. 30 d. One representative each from the department on aging, 31 department of education, department of human services, and 32 department of public health appointed by the directors of the 33 respective agencies. 34 e. Two members of the senate appointed by the senate 35 -113- LSB 2653SV (2) 86 pf/rj 113/ 207
S.F. 505 majority leader and minority leader and two members of the 1 house of representatives appointed by the speaker of the house 2 and the house minority leader. 3 2. Members of the council appointed by the governor shall 4 serve three-year staggered terms for terms beginning and ending 5 as provided in section 69.19. Members representing the state 6 departments shall serve one-year terms and shall serve as ex 7 officio, nonvoting members. Members of the general assembly 8 appointed to the council shall serve two-year terms as provided 9 in section 69.16B and shall serve as ex officio, nonvoting 10 members. Vacancies on the council shall be filled in the same 11 manner as original appointments. Members are entitled to 12 reimbursement of actual expenses incurred in performance of 13 their official duties. 14 3. The council shall do all of the following: 15 a. Review the prevention of disabilities activities of 16 public and private entities and provide recommendations to 17 optimize the planning, implementation, and evaluation of 18 prevention of disabilities efforts. 19 b. Promote cooperative and complementary planning among the 20 public, nonpublic, and volunteer sectors involved in prevention 21 of disabilities activities. 22 c. Facilitate coordination of prevention of disabilities 23 activities among state departments to develop an integrated 24 system of care. 25 d. Provide support and technical assistance to public 26 or nonpublic entities to identify, seek, implement, and 27 evaluate state, federal, and private grants for prevention of 28 disabilities activities. 29 e. Encourage research into the causes and prevention of 30 disabilities, including methods to evaluate the effectiveness 31 of prevention efforts. 32 f. Promote professional and provider training in 33 evidence-based prevention of disabilities measures and assure 34 adequate dissemination of such to appropriate entities. 35 -114- LSB 2653SV (2) 86 pf/rj 114/ 207
S.F. 505 g. Submit to the governor and general assembly annually by 1 November 1 a report that includes all of the following: 2 (1) A summary of all disabilities prevention activities 3 conducted since the preceding annual report. 4 (2) Recommendations for policy and priorities for the 5 prevention of disabilities. 6 4. The council shall meet at least six times during the 7 year. A majority of the members of the council constitutes a 8 quorum and a quorum is necessary to act on matters within the 9 purview of the council. 10 Sec. 104. NEW SECTION . 225B.104 Rules. 11 The department of human services shall adopt and update 12 administrative rules as necessary to implement the provisions 13 of this chapter. All rules adopted by the department of human 14 services pursuant to this section are subject to approval by 15 the council. 16 Sec. 105. NEW SECTION . 225B.105 Coordination with state 17 agencies. 18 1. The directors or deputy directors of the state 19 departments on aging, and of education, human services, and 20 public health shall meet at least annually with the council and 21 shall do all of the following: 22 a. Provide an update to the council regarding the status 23 of prevention of disabilities policies and programs with 24 each respective department and provide recommendations about 25 priorities the council should consider in the next year. 26 b. Receive new policy and program recommendations from the 27 council regarding the prevention of disabilities. 28 2. The council may seek and receive data from state 29 departments that will aid in developing, implementing, and 30 evaluating prevention of disabilities efforts and systems in 31 Iowa. 32 Sec. 106. NEW SECTION . 225B.106 Coordination with 33 disability groups. 34 The chairpersons and designated staff of chairpersons of 35 -115- LSB 2653SV (2) 86 pf/rj 115/ 207
S.F. 505 public and private state disabilities prevention groups shall 1 meet with the council at least annually to do all of the 2 following: 3 1. Identify ways to incorporate prevention of disabilities 4 activities within Iowa’s disabilities services system. 5 2. Assist in developing a policy agenda for prevention of 6 disabilities services system improvements. 7 Sec. 107. NEW SECTION . 225B.107 Evaluation. 8 The state’s prevention of disability effort and the council 9 are subject to review and evaluation by the governor and the 10 general assembly. 11 DIVISION XXV 12 FACILITY FOR PERSONS WITH AGGRESSIVE OR PSYCHIATRIC BEHAVIORS 13 —— INTERIM COMMITTEE 14 Sec. 108. FACILITY FOR PERSONS WITH AGGRESSIVE OR 15 PSYCHIATRIC BEHAVIORS —— INTERIM COMMITTEE —— REPORT. 16 1. The legislative council is requested to establish an 17 interim study committee relating to the establishment of one 18 or more facilities to provide care and treatment for persons 19 who are sexually aggressive, combative, or who have unmet 20 geropsychiatric needs. 21 2. The study committee shall be composed of ten members 22 of the general assembly. Five members shall be members of 23 the senate, three of whom shall be appointed by the majority 24 leader of the senate, and two of whom shall be appointed by 25 the minority leader of the senate. Five members shall be 26 members of the house of representatives, three of whom shall 27 be appointed by the speaker of the house of representatives, 28 and two of whom shall be appointed by the minority leader of 29 the house of representatives. 30 3. The study committee shall receive testimony from 31 stakeholders with an interest or expertise relating to the 32 care and treatment of persons who are sexually aggressive, 33 combative, or who have unmet geropsychiatric needs including 34 health care providers, long-term care facilities, hospitals, 35 -116- LSB 2653SV (2) 86 pf/rj 116/ 207
S.F. 505 health systems, and other entities; consumers and families of 1 consumers; individuals involved in the delivery and financing 2 of related services and supports; and representatives of 3 agencies responsible for oversight, funding, and regulation of 4 such services and supports. 5 4. The study committee shall specifically address and 6 make recommendations relating to the characteristics of the 7 residents for such a facility and the size of the resident 8 populations to be served; options for creating a new facility 9 or expanding an existing facility; workforce recruitment, 10 training, and compensation issues; requirements that the 11 facility or facilities must meet in order to qualify for 12 Medicaid reimbursement; and any other information deemed 13 appropriate by the committee. 14 5. The study committee shall meet during the 2015 15 legislative interim and shall submit a report and 16 recommendations to the general assembly by January 1, 2016. 17 DIVISION XXVI 18 ANATOMICAL GIFT PUBLIC AWARENESS AND TRANSPLANTATION FUND 19 Sec. 109. Section 142C.15, subsection 4, paragraph c, 20 unnumbered paragraph 1, Code 2015, is amended to read as 21 follows: 22 Not more than fifty percent of the Any unobligated moneys 23 in the fund annually may be expended in the form of grants to 24 transplant recipients, transplant candidates, living organ 25 donors, or to legal representatives on behalf of transplant 26 recipients, transplant candidates, or living organ donors. 27 Transplant recipients, transplant candidates, living organ 28 donors, or the legal representatives of transplant recipients, 29 transplant candidates, or living organ donors shall submit 30 grant applications with supporting documentation provided 31 by a hospital that performs transplants, verifying that the 32 person by or for whom the application is submitted requires a 33 transplant or is a living organ donor and specifying the amount 34 of the costs associated with the following, if funds are not 35 -117- LSB 2653SV (2) 86 pf/rj 117/ 207
S.F. 505 available from any other third-party payor: 1 DIVISION XXVII 2 HOSPITAL AND LONG-TERM CARE PHARMACY PRACTICE —— 3 PNEUMOCOCCAL VACCINES —— BOARD OF PHARMACY RULES 4 Sec. 110. HOSPITAL AND LONG-TERM CARE PHARMACY PRACTICE —— 5 PNEUMOCOCCAL VACCINES —— BOARD OF PHARMACY RULES. The board 6 of pharmacy shall adopt rules pursuant to chapter 17A relating 7 to hospital and long-term care pharmacy practices that allow, 8 as authorized by federal law, in addition to influenza and 9 pneumococcal polysaccharide vaccines, that a written or verbal 10 patient-specific medication administration order shall not 11 be required prior to administration to an adult patient of 12 pneumococcal conjugate vaccine pursuant to physician-approved 13 hospital or facility policy and after the patient has been 14 assessed for contraindications. 15 DIVISION XXVIII 16 HEALTHY AND WELL KIDS IN IOWA PROGRAM —— CONTINUED ENROLLMENT 17 Sec. 111. Section 514I.8, subsection 3, Code 2015, is 18 amended to read as follows: 19 3. In accordance with the rules adopted by the board, a 20 child may be determined to be presumptively eligible for the 21 program pending a final eligibility determination. Following 22 final determination of eligibility, a child shall be eligible 23 for a twelve-month period. At the end of the twelve-month 24 period, a review of the circumstances of the child’s family 25 shall be conducted to establish eligibility and cost sharing 26 for the subsequent twelve-month period. Pending such review 27 of the circumstances of the child’s family, the child shall 28 continue to be eligible for and remain enrolled in the same 29 plan if the family complies with requirements to provide 30 information and verification of income, otherwise cooperates 31 in the annual review process, and submits the completed 32 review form and any information necessary to establish 33 continued eligibility in a timely manner in accordance with 34 administrative rules. 35 -118- LSB 2653SV (2) 86 pf/rj 118/ 207
S.F. 505 DIVISION XXIX 1 PERSONNEL SETTLEMENT AGREEMENT PAYMENTS 2 Sec. 112. PERSONNEL SETTLEMENT AGREEMENT PAYMENTS. As a 3 condition of the appropriations in this 2015 Act, the moneys 4 appropriated and any other moneys available shall not be used 5 for payment of a personnel settlement agreement that contains a 6 confidentiality provision intended to prevent public disclosure 7 of the agreement or any terms of the agreement. 8 DIVISION XXX 9 MEDICAID REIMBURSEMENT —— PSYCHIATRISTS 10 Sec. 113. Section 249A.15, Code 2015, is amended to read as 11 follows: 12 249A.15 Licensed psychologists eligible for payment. 13 The department shall adopt rules pursuant to chapter 17A 14 entitling psychologists who are licensed pursuant to chapter 15 154B and psychologists who are licensed in the state where 16 the services are provided and have a doctorate degree in 17 psychology, have had at least two years of clinical experience 18 in a recognized health setting, or have met the standards of a 19 national register of health service providers in psychology, 20 to payment for services provided to recipients of medical 21 assistance, subject to limitations and exclusions the 22 department finds necessary on the basis of federal laws and 23 regulations and of funds available for the medical assistance 24 program. 25 DIVISION XXXI 26 DEPARTMENT ON AGING —— FY 2016-2017 27 Sec. 114. DEPARTMENT ON AGING. There is appropriated from 28 the general fund of the state to the department on aging for 29 the fiscal year beginning July 1, 2016, and ending June 30, 30 2017, the following amount, or so much thereof as is necessary, 31 to be used for the purposes designated: 32 For aging programs for the department on aging and area 33 agencies on aging to provide citizens of Iowa who are 60 years 34 of age and older with case management for frail elders, Iowa’s 35 -119- LSB 2653SV (2) 86 pf/rj 119/ 207
S.F. 505 aging and disabilities resource center, and other services 1 which may include but are not limited to adult day services, 2 respite care, chore services, information and assistance, 3 and material aid, for information and options counseling for 4 persons with disabilities who are 18 years of age or older, 5 and for salaries, support, administration, maintenance, and 6 miscellaneous purposes, and for not more than the following 7 full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,718,033 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 31.00 10 1. Funds appropriated in this section may be used to 11 supplement federal funds under federal regulations. To 12 receive funds appropriated in this section, a local area 13 agency on aging shall match the funds with moneys from other 14 sources according to rules adopted by the department. Funds 15 appropriated in this section may be used for elderly services 16 not specifically enumerated in this section only if approved 17 by an area agency on aging for provision of the service within 18 the area. 19 2. Of the funds appropriated in this section, $139,973 is 20 transferred to the economic development authority for the Iowa 21 commission on volunteer services to be used for the retired and 22 senior volunteer program. 23 3. a. The department on aging shall establish and enforce 24 procedures relating to expenditure of state and federal funds 25 by area agencies on aging that require compliance with both 26 state and federal laws, rules, and regulations, including but 27 not limited to all of the following: 28 (1) Requiring that expenditures are incurred only for goods 29 or services received or performed prior to the end of the 30 fiscal period designated for use of the funds. 31 (2) Prohibiting prepayment for goods or services not 32 received or performed prior to the end of the fiscal period 33 designated for use of the funds. 34 (3) Prohibiting the prepayment for goods or services 35 -120- LSB 2653SV (2) 86 pf/rj 120/ 207
S.F. 505 not defined specifically by good or service, time period, or 1 recipient. 2 (4) Prohibiting the establishment of accounts from which 3 future goods or services which are not defined specifically by 4 good or service, time period, or recipient, may be purchased. 5 b. The procedures shall provide that if any funds are 6 expended in a manner that is not in compliance with the 7 procedures and applicable federal and state laws, rules, and 8 regulations, and are subsequently subject to repayment, the 9 area agency on aging expending such funds in contravention of 10 such procedures, laws, rules and regulations, not the state, 11 shall be liable for such repayment. 12 4. Of the funds appropriated in this section, at least 13 $125,000 shall be used to fund the unmet needs identified 14 through Iowa’s aging and disability resource center network. 15 5. Of the funds appropriated in this section, at least 16 $300,000 shall be used to fund home and community-based 17 services through the area agencies on aging that enable older 18 individuals to avoid more costly utilization of residential or 19 institutional services and remain in their own homes. 20 6. Of the funds appropriated in this section, $425,000 21 shall be used for the purposes of chapter 231E and section 22 231.56A, of which $162,500 shall be used for the office of 23 substitute decision maker pursuant to chapter 231E, and the 24 remainder shall be distributed equally to the area agencies on 25 aging to administer the prevention of elder abuse, neglect, and 26 exploitation program pursuant to section 231.56A, in accordance 27 with the requirements of the federal Older Americans Act of 28 1965, 42 U.S.C. §3001 et seq., as amended. 29 DIVISION XXXII 30 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2016-2017 31 Sec. 115. OFFICE OF LONG-TERM CARE OMBUDSMAN. 32 1. There is appropriated from the general fund of the state 33 to the office of long-term care ombudsman for the fiscal year 34 beginning July 1, 2016, and ending June 30, 2017, the following 35 -121- LSB 2653SV (2) 86 pf/rj 121/ 207
S.F. 505 amount, or so much thereof as is necessary, to be used for the 1 purposes designated: 2 For salaries, support, administration, maintenance, and 3 miscellaneous purposes, and for not more than the following 4 full-time equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 753,392 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 21.00 7 2. Of the funds appropriated in this section, $225,000 shall 8 be used to continue to provide for additional local long-term 9 care ombudsmen. 10 DIVISION XXXIII 11 DEPARTMENT OF PUBLIC HEALTH —— FY 2016-2017 12 Sec. 116. DEPARTMENT OF PUBLIC HEALTH. There is 13 appropriated from the general fund of the state to the 14 department of public health for the fiscal year beginning July 15 1, 2016, and ending June 30, 2017, the following amounts, or 16 so much thereof as is necessary, to be used for the purposes 17 designated: 18 1. ADDICTIVE DISORDERS 19 For reducing the prevalence of the use of tobacco, alcohol, 20 and other drugs, and treating individuals affected by addictive 21 behaviors, including gambling, and for not more than the 22 following full-time equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,631,845 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 25 a. (1) Of the funds appropriated in this subsection, 26 $2,624,181 shall be used for the tobacco use prevention 27 and control initiative, including efforts at the state and 28 local levels, as provided in chapter 142A . The commission 29 on tobacco use prevention and control established pursuant 30 to section 142A.3 shall advise the director of public health 31 in prioritizing funding needs and the allocation of moneys 32 appropriated for the programs and initiatives. Activities 33 of the programs and initiatives shall be in alignment with 34 the United States centers for disease control and prevention 35 -122- LSB 2653SV (2) 86 pf/rj 122/ 207
S.F. 505 best practices for comprehensive tobacco control programs that 1 include the goals of preventing youth initiation of tobacco 2 usage, reducing exposure to secondhand smoke, and promotion of 3 tobacco cessation. 4 (2) (a) Of the funds allocated in this paragraph “a”, 5 $226,534 is transferred to the alcoholic beverages division of 6 the department of commerce for enforcement of tobacco laws, 7 regulations, and ordinances and to engage in tobacco control 8 activities approved by the division of tobacco use prevention 9 and control of the department of public health as specified 10 in the memorandum of understanding entered into between the 11 divisions. 12 (b) For the fiscal year beginning July 1, 2016, and ending 13 June 30, 2017, the terms of the memorandum of understanding, 14 entered into between the division of tobacco use prevention 15 and control of the department of public health and the 16 alcoholic beverages division of the department of commerce, 17 governing compliance checks conducted to ensure licensed retail 18 tobacco outlet conformity with tobacco laws, regulations, and 19 ordinances relating to persons under eighteen years of age, 20 shall continue to restrict the number of such checks to one 21 check per retail outlet, and one additional check for any 22 retail outlet found to be in violation during the first check. 23 b. Of the funds appropriated in this subsection, 24 $11,007,664 shall be used for problem gambling and 25 substance-related disorder prevention, treatment, and recovery 26 services, including a 24-hour helpline, public information 27 resources, professional training, and program evaluation. 28 (1) Of the funds allocated in this paragraph “b”, $9,451,857 29 shall be used for substance-related disorder prevention and 30 treatment. 31 (a) Of the funds allocated in this subparagraph (1), 32 $449,650 shall be used for the public purpose of a grant 33 program to provide substance-related disorder prevention 34 programming for children. 35 -123- LSB 2653SV (2) 86 pf/rj 123/ 207
S.F. 505 (i) Of the funds allocated in this subparagraph division 1 (a), $213,770 shall be used for grant funding for organizations 2 that provide programming for children by utilizing mentors. 3 Programs approved for such grants shall be certified or must 4 be certified within six months of receiving the grant award 5 by the Iowa commission on volunteer services as utilizing the 6 standards for effective practice for mentoring programs. 7 (ii) Of the funds allocated in this subparagraph division 8 (a), $213,420 shall be used for grant funding for organizations 9 providing programming that includes youth development and 10 leadership services. The programs shall also be recognized as 11 being programs that are scientifically based with evidence of 12 their effectiveness in reducing substance-related disorders in 13 children. 14 (iii) The department of public health shall utilize a 15 request for proposals process to implement the grant program. 16 (iv) All grant recipients shall participate in a program 17 evaluation as a requirement for receiving grant funds. 18 (v) Of the funds allocated in this subparagraph division 19 (a), up to $22,461 may be used to administer substance-related 20 disorder prevention grants and for program evaluations. 21 (b) Of the funds allocated in this subparagraph 22 (1), $136,302 shall be used for culturally competent 23 substance-related disorder treatment pilot projects. 24 (i) The department shall utilize the amount allocated 25 in this subparagraph division (b) for at least three pilot 26 projects to provide culturally competent substance-related 27 disorder treatment in various areas of the state. Each pilot 28 project shall target a particular ethnic minority population. 29 The populations targeted shall include but are not limited to 30 African American, Asian, and Latino. 31 (ii) The pilot project requirements shall provide for 32 documentation or other means to ensure access to the cultural 33 competence approach used by a pilot project so that such 34 approach can be replicated and improved upon in successor 35 -124- LSB 2653SV (2) 86 pf/rj 124/ 207
S.F. 505 programs. 1 (2) Of the funds allocated in this paragraph “b”, up 2 to $1,555,807 may be used for problem gambling prevention, 3 treatment, and recovery services. 4 (a) Of the funds allocated in this subparagraph (2), 5 $1,286,881 shall be used for problem gambling prevention and 6 treatment. 7 (b) Of the funds allocated in this subparagraph (2), up to 8 $218,926 may be used for a 24-hour helpline, public information 9 resources, professional training, and program evaluation. 10 (c) Of the funds allocated in this subparagraph (2), up 11 to $50,000 may be used for the licensing of problem gambling 12 treatment programs. 13 (3) It is the intent of the general assembly that from the 14 moneys allocated in this paragraph “b”, persons with a dual 15 diagnosis of substance-related disorder and gambling addiction 16 shall be given priority in treatment services. 17 c. Notwithstanding any provision of law to the contrary, 18 to standardize the availability, delivery, cost of delivery, 19 and accountability of problem gambling and substance-related 20 disorder treatment services statewide, the department shall 21 continue implementation of a process to create a system 22 for delivery of treatment services in accordance with the 23 requirements specified in 2008 Iowa Acts, chapter 1187, section 24 3, subsection 4. To ensure the system provides a continuum 25 of treatment services that best meets the needs of Iowans, 26 the problem gambling and substance-related disorder treatment 27 services in any area may be provided either by a single agency 28 or by separate agencies submitting a joint proposal. 29 (1) The system for delivery of substance-related disorder 30 and problem gambling treatment shall include problem gambling 31 prevention. 32 (2) The system for delivery of substance-related disorder 33 and problem gambling treatment shall include substance-related 34 disorder prevention by July 1, 2017. 35 -125- LSB 2653SV (2) 86 pf/rj 125/ 207
S.F. 505 (3) Of the funds allocated in paragraph “b”, the department 1 may use up to $50,000 for administrative costs to continue 2 developing and implementing the process in accordance with this 3 paragraph “c”. 4 d. The requirement of section 123.53, subsection 5 , is met 5 by the appropriations and allocations made in this division of 6 this Act for purposes of substance-related disorder treatment 7 and addictive disorders for the fiscal year beginning July 1, 8 2016. 9 e. The department of public health shall work with all 10 other departments that fund substance-related disorder 11 prevention and treatment services and all such departments 12 shall, to the extent necessary, collectively meet the state 13 maintenance of effort requirements for expenditures for 14 substance-related disorder services as required under the 15 federal substance-related disorder prevention and treatment 16 block grant. 17 2. HEALTHY CHILDREN AND FAMILIES 18 For promoting the optimum health status for children, 19 adolescents from birth through 21 years of age, and families, 20 and for not more than the following full-time equivalent 21 positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,665,801 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 24 a. Of the funds appropriated in this subsection, not more 25 than $367,421 shall be used for the healthy opportunities for 26 parents to experience success (HOPES)-healthy families Iowa 27 (HFI) program established pursuant to section 135.106 . The 28 funding shall be distributed to renew the grants that were 29 provided to the grantees that operated the program during the 30 fiscal year ending June 30, 2016. 31 b. In order to implement the legislative intent stated in 32 sections 135.106 and 256I.9 , that priority for home visitation 33 program funding be given to programs using evidence-based or 34 promising models for home visitation, it is the intent of the 35 -126- LSB 2653SV (2) 86 pf/rj 126/ 207
S.F. 505 general assembly to phase in the funding priority in accordance 1 with 2012 Iowa Acts, chapter 1133, section 2, subsection 2, 2 paragraph 0b. 3 c. Of the funds appropriated in this subsection, $2,456,444 4 shall be used to continue to expand statewide the department’s 5 initiative to provide for adequate developmental surveillance 6 and screening during a child’s first five years. The funds 7 shall be used first to fully fund the current sites to ensure 8 that the sites are fully operational, with the remaining 9 funds to be used for expansion to additional sites. The full 10 implementation and expansion shall include enhancing the scope 11 of the program through collaboration with the child health 12 specialty clinics to promote healthy child development through 13 early identification and response to both biomedical and social 14 determinants of healthy development; by monitoring child 15 health metrics to inform practice, document long-term health 16 impacts and savings, and provide for continuous improvement 17 through training, education, and evaluation; and by providing 18 for practitioner consultation particularly for children with 19 behavioral conditions and needs. The department of public 20 health shall also collaborate with the Iowa Medicaid enterprise 21 and the child health specialty clinics to integrate the 22 activities of the first five initiative into the establishment 23 of patient-centered medical homes, community utilities, 24 accountable care organizations, and other integrated care 25 models developed to improve health quality and population 26 health while reducing health care costs. To the maximum extent 27 possible, funding allocated in this paragraph shall be utilized 28 as matching funds for medical assistance program reimbursement. 29 d. Of the funds appropriated in this subsection, $37,320 30 shall be distributed to a statewide dental carrier to provide 31 funds to continue the donated dental services program patterned 32 after the projects developed by the lifeline network to provide 33 dental services to indigent individuals who are elderly or with 34 disabilities. 35 -127- LSB 2653SV (2) 86 pf/rj 127/ 207
S.F. 505 e. Of the funds appropriated in this subsection, $55,998 1 shall be used for childhood obesity prevention. 2 f. Of the funds appropriated in this subsection, $81,384 3 shall be used to provide audiological services and hearing 4 aids for children. The department may enter into a contract 5 to administer this paragraph. 6 g. Of the funds appropriated in this subsection, $12,500 is 7 transferred to the university of Iowa college of dentistry for 8 provision of primary dental services to children. State funds 9 shall be matched on a dollar-for-dollar basis. The university 10 of Iowa college of dentistry shall coordinate efforts with the 11 department of public health, bureau of oral and health delivery 12 systems, to provide dental care to underserved populations 13 throughout the state. 14 h. Of the funds appropriated in this subsection, $25,000 15 shall be used to address youth suicide prevention. 16 i. Of the funds appropriated in this subsection, $25,000 17 shall be used to support the Iowa effort to address the survey 18 of children who experience adverse childhood experiences known 19 as ACEs. 20 3. CHRONIC CONDITIONS 21 For serving individuals identified as having chronic 22 conditions or special health care needs, and for not more than 23 the following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,552,931 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 26 a. Of the funds appropriated in this subsection, $79,966 27 shall be used for grants to individual patients who have an 28 inherited metabolic disorder to assist with the costs of 29 medically necessary foods and formula. 30 b. Of the funds appropriated in this subsection, $445,822 31 shall be used for the brain injury services program pursuant to 32 section 135.22B , including for continuation of the contracts 33 for resource facilitator services in accordance with section 34 135.22B, subsection 9 , and to enhance brain injury training and 35 -128- LSB 2653SV (2) 86 pf/rj 128/ 207
S.F. 505 recruitment of service providers on a statewide basis. Of the 1 amount allocated in this paragraph, $47,500 shall be used to 2 fund one full-time equivalent position to serve as the state 3 brain injury services program manager. 4 c. Of the funds appropriated in this subsection, $273,991 5 shall be used as additional funding to leverage federal funding 6 through the federal Ryan White Care Act, Tit. II, AIDS drug 7 assistance program supplemental drug treatment grants. 8 d. Of the funds appropriated in this subsection, $74,912 9 shall be used for the public purpose of continuing to contract 10 with an existing national-affiliated organization to provide 11 education, client-centered programs, and client and family 12 support for people living with epilepsy and their families. 13 The amount allocated in this paragraph in excess of $50,000 14 shall be matched dollar-for-dollar by the organization 15 specified. 16 e. Of the funds appropriated in this subsection, $392,557 17 shall be used for child health specialty clinics. 18 f. Of the funds appropriated in this subsection, $200,000 19 shall be used by the regional autism assistance program 20 established pursuant to section 256.35 , and administered by 21 the child health specialty clinic located at the university of 22 Iowa hospitals and clinics. The funds shall be used to enhance 23 interagency collaboration and coordination of educational, 24 medical, and other human services for persons with autism, 25 their families, and providers of services, including delivering 26 regionalized services of care coordination, family navigation, 27 and integration of services through the statewide system of 28 regional child health specialty clinics and fulfilling other 29 requirements as specified in chapter 225D . The university of 30 Iowa shall not receive funds allocated under this paragraph for 31 indirect costs associated with the regional autism assistance 32 program. 33 g. Of the funds appropriated in this subsection, $285,497 34 shall be used for the comprehensive cancer control program to 35 -129- LSB 2653SV (2) 86 pf/rj 129/ 207
S.F. 505 reduce the burden of cancer in Iowa through prevention, early 1 detection, effective treatment, and ensuring quality of life. 2 Of the funds allocated in this paragraph “g”, $75,000 shall 3 be used to support a melanoma research symposium, a melanoma 4 biorepository and registry, basic and translational melanoma 5 research, and clinical trials. 6 h. Of the funds appropriated in this subsection, $63,225 7 shall be used for cervical and colon cancer screening, and 8 $150,000 shall be used to enhance the capacity of the cervical 9 cancer screening program to include provision of recommended 10 prevention and early detection measures to a broader range of 11 low-income women. 12 i. Of the funds appropriated in this subsection, $338,432 13 shall be used for the center for congenital and inherited 14 disorders including to provide for surveillance of stillbirths 15 as defined in section 136A.2. 16 j. Of the funds appropriated in this subsection, $64,706 17 shall be used for the prescription drug donation repository 18 program created in chapter 135M . 19 k. Of the funds appropriated in this subsection, 20 $107,632 shall be used by the department of public health 21 for reform-related activities, including but not limited to 22 facilitation of communication to stakeholders at the state and 23 local level, administering the patient-centered health advisory 24 council pursuant to section 135.159, and involvement in health 25 care system innovation activities occurring across the state. 26 l. Of the funds appropriated in this subsection, $12,500 27 shall be used for administration of chapter 124D, the medical 28 cannabidiol Act, or other Code provisions authorizing the 29 compassionate medical use of cannabis, if enacted by the 2016 30 regular session of the Eighty-sixth General Assembly. 31 4. COMMUNITY CAPACITY 32 For strengthening the health care delivery system at the 33 local level, and for not more than the following full-time 34 equivalent positions: 35 -130- LSB 2653SV (2) 86 pf/rj 130/ 207
S.F. 505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,359,858 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 11.00 2 a. Of the funds appropriated in this subsection, $49,707 3 is allocated for continuation of the child vision screening 4 program implemented through the university of Iowa hospitals 5 and clinics in collaboration with early childhood Iowa areas. 6 The program shall submit a report to the individuals identified 7 in this Act for submission of reports regarding the use of 8 funds allocated under this paragraph “a”. The report shall 9 include the objectives and results for the program year 10 including the target population and how the funds allocated 11 assisted the program in meeting the objectives; the number, 12 age, and location within the state of individuals served; 13 the type of services provided to the individuals served; the 14 distribution of funds based on service provided; and the 15 continuing needs of the program. 16 b. Of the funds appropriated in this subsection, $55,328 is 17 allocated for continuation of an initiative implemented at the 18 university of Iowa and $49,952 is allocated for continuation of 19 an initiative at the state mental health institute at Cherokee 20 to expand and improve the workforce engaged in mental health 21 treatment and services. The initiatives shall receive input 22 from the university of Iowa, the department of human services, 23 the department of public health, and the mental health and 24 disability services commission to address the focus of the 25 initiatives. 26 c. Of the funds appropriated in this subsection, $582,314 27 shall be used for essential public health services that promote 28 healthy aging throughout one’s lifespan, contracted through a 29 formula for local boards of health, to enhance health promotion 30 and disease prevention services. 31 d. Of the funds appropriated in this section, $49,643 shall 32 be deposited in the governmental public health system fund 33 created in section 135A.8 to be used for the purposes of the 34 fund. 35 -131- LSB 2653SV (2) 86 pf/rj 131/ 207
S.F. 505 e. Of the funds appropriated in this subsection, $52,724 1 shall be used to continue to address the shortage of mental 2 health professionals in the state. 3 f. Of the funds appropriated in this subsection, 4 $25,000 shall be used for a grant to a statewide association 5 of psychologists that is affiliated with the American 6 psychological association to be used for continuation of a 7 program to rotate intern psychologists in placements in urban 8 and rural mental health professional shortage areas, as defined 9 in section 135.180 . 10 g. (1) Of the funds appropriated in this subsection, 11 $1,441,485 shall be allocated as a grant to the Iowa primary 12 care association to be used pursuant to section 135.153 for 13 the statewide coordination of the Iowa collaborative safety 14 net provider network. Coordination of the network shall 15 focus on increasing access by underserved populations to 16 health care services, increasing integration of the health 17 system and collaboration across the continuum of care with 18 a focus on safety net services, and enhancing the Iowa 19 collaborative safety net provider network’s communication and 20 education efforts. The amount allocated as a grant under this 21 subparagraph (1) shall be used as follows to support the Iowa 22 collaborative safety net provider network goals of increased 23 access, health system integration, and engagement: 24 (a) For distribution to safety net partners in the state 25 that work to increase access of the underserved population to 26 health services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 512,743 28 (i) Of the amount allocated in this subparagraph 29 division (a), up to $206,708 shall be distributed to the 30 Iowa prescription drug corporation for continuation of the 31 pharmaceutical infrastructure for safety net providers as 32 described in 2007 Iowa Acts, chapter 218, section 108. 33 (ii) Of the amount allocated in this subparagraph division 34 (a), up to $174,161 shall be distributed to free clinics and 35 -132- LSB 2653SV (2) 86 pf/rj 132/ 207
S.F. 505 free clinics of Iowa for necessary infrastructure, statewide 1 coordination, provider recruitment, service delivery, and 2 provision of assistance to patients in securing a medical home 3 inclusive of oral health care. 4 (iii) Of the amount allocated in this subparagraph 5 division (a), up to $25,000 shall be distributed to the 6 Iowa coalition against sexual assault to continue a training 7 program for sexual assault response team (SART) members, 8 including representatives of law enforcement, victim advocates, 9 prosecutors, and certified medical personnel. 10 (iv) Of the amount allocated in this subparagraph division 11 (a), up to $106,874 shall be distributed to the Polk county 12 medical society for continuation of the safety net provider 13 patient access to a specialty health care initiative as 14 described in 2007 Iowa Acts, chapter 218, section 109. 15 (b) For distribution to safety net partners in the 16 state that work to increase health system integration, care 17 coordination, and collaboration across the continuum of care 18 with a focus on safety net services. Such efforts shall 19 include but not be limited to community care coordination team 20 development and integration of medical and behavioral health 21 services. Efforts shall also include working, in conjunction 22 with the department of human services and the department 23 of public health, to support Medicaid managed care efforts 24 inclusive of the state innovation model through the continued 25 development and implementation of community care coordination 26 teams. Implementation of the community care coordination 27 teams shall be accomplished through a statewide regionally 28 based network that provides an integrated approach to health 29 care delivery through care coordination that supports primary 30 care providers and links patients with community resources 31 necessary to empower patients in addressing biomedical and 32 social determinants of health to improve health outcomes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 836,100 34 (c) For distribution to safety net partners in the state 35 -133- LSB 2653SV (2) 86 pf/rj 133/ 207
S.F. 505 that work to serve as a resource for credible, accurate 1 information on health care-related needs and services 2 for vulnerable populations in the state including the 3 Iowa association of rural health clinics for necessary 4 infrastructure and service delivery transformation and the Iowa 5 primary care association to support partner engagement, program 6 management, and statewide coordination of the network: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 92,643 8 (2) The amount allocated under this paragraph “g” shall 9 not be reduced for administrative or other costs prior to 10 distribution. The Iowa collaborative safety net provider 11 network may continue to distribute funds allocated pursuant to 12 this paragraph “g” through existing contracts or renewal of 13 existing contracts. 14 (3) For each goal of the Iowa collaborative safety net 15 provider network, the Iowa primary care association shall 16 submit a progress report to the individuals designated in this 17 Act for submission of reports by December 15, 2016, including 18 progress in developing and implementing the network, how the 19 funds were distributed and used in developing and implementing 20 the network, and the remaining needs identified to fully 21 develop and implement the network. 22 h. Of the funds appropriated in this subsection, $106,700 23 shall be used for continuation of the work of the direct care 24 worker advisory council established pursuant to 2008 Iowa Acts, 25 chapter 1188, section 69, in implementing the recommendations 26 in the final report submitted by the advisory council to the 27 governor and the general assembly in March 2012, including 28 by continuing to develop, promote, and make available on a 29 statewide basis the prepare-to-care core curriculum and its 30 associated modules and specialties through various formats 31 including online access, community colleges, and other venues; 32 exploring new and maintaining existing specialties including 33 but not limited to oral health and dementia care; supporting 34 instructor training; and assessing and making recommendations 35 -134- LSB 2653SV (2) 86 pf/rj 134/ 207
S.F. 505 concerning the Iowa care book and information technology 1 systems and infrastructure uses and needs. 2 i. (1) Of the funds appropriated in this subsection, 3 $108,188 shall be used for allocation to an independent 4 statewide direct care worker organization under continuation 5 of the contract in effect during the fiscal year ending June 6 30, 2016. 7 (2) Of the funds appropriated in this subsection, 8 $52,500 shall be used to provide scholarships or other 9 forms of subsidization for direct care worker educational 10 conferences, training, or outreach activities, and for the 11 mouth-care-matters oral health care project. 12 j. Of the funds appropriated in this subsection, the 13 department may use up to $29,088 for up to one full-time 14 equivalent position to administer the volunteer health care 15 provider program pursuant to section 135.24 . 16 k. Of the funds appropriated in this subsection, $50,000 17 shall be used for a matching dental education loan repayment 18 program to be allocated to a dental nonprofit health service 19 corporation to continue to develop the criteria and implement 20 the loan repayment program. 21 l. Of the funds appropriated in this subsection, $52,912 is 22 transferred to the college student aid commission for deposit 23 in the rural Iowa primary care trust fund created in section 24 261.113 to be used for the purposes of the fund. 25 m. Of the funds appropriated in this subsection, $125,000 26 shall be used for the purposes of the Iowa donor registry as 27 specified in section 142C.18 . 28 n. Of the funds appropriated in this subsection, $50,000 29 shall be used for continuation of a grant to a nationally 30 affiliated volunteer eye organization that has an established 31 program for children and adults and that is solely dedicated to 32 preserving sight and preventing blindness through education, 33 nationally certified vision screening and training, and 34 community and patient service programs. The organization 35 -135- LSB 2653SV (2) 86 pf/rj 135/ 207
S.F. 505 shall submit a report to the individuals identified in this 1 Act for submission of reports regarding the use of funds 2 allocated under this paragraph “n”. The report shall include 3 the objectives and results for the program year including 4 the target population and how the funds allocated assisted 5 the program in meeting the objectives; the number, age, and 6 location within the state of individuals served; the type of 7 services provided to the individuals served; the distribution 8 of funds based on services provided; and the continuing needs 9 of the program. 10 o. Of the funds appropriated in this subsection, $12,500 11 shall be used for the continuation of a wellness council under 12 the direction of the director of public health to increase 13 support for wellness activities in the state. 14 p. Of the funds appropriated in this subsection, $1,000,000 15 shall be deposited in the medical residency training account 16 created in section 135.175, subsection 5, paragraph “a” , and 17 is appropriated from the account to the department of public 18 health to be used for the purposes of the medical residency 19 training state matching grants program as specified in section 20 135.176 . However, notwithstanding any provision to the 21 contrary in section 135.176, priority in the awarding of grants 22 shall be given to sponsors that propose preference in the use 23 of the grant funds for psychiatric residency positions and 24 family practice residency positions. 25 5. HEALTHY AGING 26 To provide public health services that reduce risks and 27 invest in promoting and protecting good health over the 28 course of a lifetime with a priority given to older Iowans and 29 vulnerable populations: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,648,571 31 6. INFECTIOUS DISEASES 32 For reducing the incidence and prevalence of communicable 33 diseases, and for not more than the following full-time 34 equivalent positions: 35 -136- LSB 2653SV (2) 86 pf/rj 136/ 207
S.F. 505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 667,578 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 2 7. PUBLIC PROTECTION 3 For protecting the health and safety of the public through 4 establishing standards and enforcing regulations, and for not 5 more than the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,169,596 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 135.50 8 a. Of the funds appropriated in this subsection, not more 9 than $227,350 shall be credited to the emergency medical 10 services fund created in section 135.25 . Moneys in the 11 emergency medical services fund are appropriated to the 12 department to be used for the purposes of the fund. 13 b. Of the funds appropriated in this subsection, $101,516 14 shall be used for sexual violence prevention programming 15 through a statewide organization representing programs 16 serving victims of sexual violence through the department’s 17 sexual violence prevention program. The amount allocated 18 in this paragraph “b” shall not be used to supplant funding 19 administered for other sexual violence prevention or victims 20 assistance programs. 21 c. Of the funds appropriated in this subsection, $299,376 22 shall be used for the state poison control center. Pursuant 23 to the directive under 2014 Iowa Acts, chapter 1140, section 24 102, the federal matching funds available to the state poison 25 control center from the department of human services under the 26 federal Children’s Health Insurance Program Reauthorization Act 27 allotment shall be subject to the federal administrative cap 28 rule of 10 percent applicable to funding provided under Tit. 29 XXI of the federal Social Security Act and included within the 30 department’s calculations of the cap. 31 d. Of the funds appropriated in this subsection, $268,875 32 shall be used for childhood lead poisoning provisions. 33 8. RESOURCE MANAGEMENT 34 For establishing and sustaining the overall ability of the 35 -137- LSB 2653SV (2) 86 pf/rj 137/ 207
S.F. 505 department to deliver services to the public, and for not more 1 than the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 427,536 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 4 The university of Iowa hospitals and clinics under the 5 control of the state board of regents shall not receive 6 indirect costs from the funds appropriated in this section. 7 The university of Iowa hospitals and clinics billings to the 8 department shall be on at least a quarterly basis. 9 DIVISION XXXIV 10 DEPARTMENT OF VETERANS AFFAIRS —— FY 2016-2017 11 Sec. 117. DEPARTMENT OF VETERANS AFFAIRS. There is 12 appropriated from the general fund of the state to the 13 department of veterans affairs for the fiscal year beginning 14 July 1, 2016, and ending June 30, 2017, the following amounts, 15 or so much thereof as is necessary, to be used for the purposes 16 designated: 17 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 18 For salaries, support, maintenance, and miscellaneous 19 purposes, and for not more than the following full-time 20 equivalent positions: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,273 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 23 2. IOWA VETERANS HOME 24 For salaries, support, maintenance, and miscellaneous 25 purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,797,498 27 a. The Iowa veterans home billings involving the department 28 of human services shall be submitted to the department on at 29 least a monthly basis. 30 b. If there is a change in the employer of employees 31 providing services at the Iowa veterans home under a collective 32 bargaining agreement, such employees and the agreement shall 33 be continued by the successor employer as though there had not 34 been a change in employer. 35 -138- LSB 2653SV (2) 86 pf/rj 138/ 207
S.F. 505 c. Within available resources and in conformance with 1 associated state and federal program eligibility requirements, 2 the Iowa veterans home may implement measures to provide 3 financial assistance to or on behalf of veterans or their 4 spouses who are participating in the community reentry program. 5 d. The Iowa veterans home expenditure report shall be 6 submitted monthly to the legislative services agency. 7 3. HOME OWNERSHIP ASSISTANCE PROGRAM 8 For transfer to the Iowa finance authority for the 9 continuation of the home ownership assistance program for 10 persons who are or were eligible members of the armed forces of 11 the United States, pursuant to section 16.54 : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,250,000 13 Sec. 118. LIMITATION OF COUNTY COMMISSIONS OF VETERAN 14 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 15 standing appropriation in section 35A.16 for the fiscal year 16 beginning July 1, 2016, and ending June 30, 2017, the amount 17 appropriated from the general fund of the state pursuant to 18 that section for the following designated purposes shall not 19 exceed the following amount: 20 For the county commissions of veteran affairs fund under 21 section 35A.16 : 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 23 DIVISION XXXV 24 DEPARTMENT OF HUMAN SERVICES —— FY 2016-2017 25 Sec. 119. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 26 GRANT. There is appropriated from the fund created in section 27 8.41 to the department of human services for the fiscal year 28 beginning July 1, 2016, and ending June 30, 2017, from moneys 29 received under the federal temporary assistance for needy 30 families (TANF) block grant pursuant to the federal Personal 31 Responsibility and Work Opportunity Reconciliation Act of 1996, 32 Pub. L. No. 104-193, and successor legislation, the following 33 amounts, or so much thereof as is necessary, to be used for the 34 purposes designated: 35 -139- LSB 2653SV (2) 86 pf/rj 139/ 207
S.F. 505 1. To be credited to the family investment program account 1 and used for assistance under the family investment program 2 under chapter 239B : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,568,498 4 2. To be credited to the family investment program account 5 and used for the job opportunities and basic skills (JOBS) 6 program and implementing family investment agreements in 7 accordance with chapter 239B : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,069,089 9 3. To be used for the family development and 10 self-sufficiency grant program in accordance with section 11 216A.107 : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 13 Notwithstanding section 8.33 , moneys appropriated in this 14 subsection that remain unencumbered or unobligated at the close 15 of the fiscal year shall not revert but shall remain available 16 for expenditure for the purposes designated until the close of 17 the succeeding fiscal year. However, unless such moneys are 18 encumbered or obligated on or before September 30, 2016, the 19 moneys shall revert. 20 4. For field operations: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 22 5. For general administration: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 24 6. For state child care assistance: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,523,555 26 a. Of the funds appropriated in this subsection, 27 $13,164,049 is transferred to the child care and development 28 block grant appropriation made by the Eighty-sixth General 29 Assembly, 2016 Session, for the federal fiscal year beginning 30 October 1, 2016, and ending September 30, 2017. Of this 31 amount, $100,000 shall be used for provision of educational 32 opportunities to registered child care home providers in order 33 to improve services and programs offered by this category 34 of providers and to increase the number of providers. The 35 -140- LSB 2653SV (2) 86 pf/rj 140/ 207
S.F. 505 department may contract with institutions of higher education 1 or child care resource and referral centers to provide 2 the educational opportunities. Allowable administrative 3 costs under the contracts shall not exceed 5 percent. The 4 application for a grant shall not exceed two pages in length. 5 b. Any funds appropriated in this subsection remaining 6 unallocated shall be used for state child care assistance 7 payments for families who are employed including but not 8 limited to individuals enrolled in the family investment 9 program. 10 7. For distribution to counties and regions through the 11 property tax relief fund for mental health and disability 12 services as provided in an appropriation made for this purpose: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,447,026 14 8. For child and family services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,042,215 16 9. For child abuse prevention grants: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 18 10. For pregnancy prevention grants on the condition that 19 family planning services are funded: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,034 21 Pregnancy prevention grants shall be awarded to programs 22 in existence on or before July 1, 2016, if the programs have 23 demonstrated positive outcomes. Grants shall be awarded to 24 pregnancy prevention programs which are developed after July 25 1, 2016, if the programs are based on existing models that 26 have demonstrated positive outcomes. Grants shall comply with 27 the requirements provided in 1997 Iowa Acts, chapter 208, 28 section 14, subsections 1 and 2, including the requirement that 29 grant programs must emphasize sexual abstinence. Priority in 30 the awarding of grants shall be given to programs that serve 31 areas of the state which demonstrate the highest percentage of 32 unplanned pregnancies of females of childbearing age within the 33 geographic area to be served by the grant. 34 11. For technology needs and other resources necessary 35 -141- LSB 2653SV (2) 86 pf/rj 141/ 207
S.F. 505 to meet federal welfare reform reporting, tracking, and case 1 management requirements: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 3 12. For the family investment program share of the costs to 4 continue to develop and maintain a new, integrated eligibility 5 determination system: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,327,440 7 13. a. Notwithstanding any provision to the contrary, 8 including but not limited to requirements in section 8.41 or 9 provisions in 2015 or 2016 Iowa Acts regarding the receipt and 10 appropriation of federal block grants, federal funds from the 11 temporary assistance for needy families block grant received by 12 the state and not otherwise appropriated in this section and 13 remaining available for the fiscal year beginning July 1, 2016, 14 are appropriated to the department of human services to the 15 extent as may be necessary to be used in the following priority 16 order: the family investment program, for state child care 17 assistance program payments for families who are employed, and 18 for the family investment program share of costs to develop and 19 maintain a new, integrated eligibility determination system. 20 The federal funds appropriated in this paragraph “a” shall be 21 expended only after all other funds appropriated in subsection 22 1 for the assistance under the family investment program, 23 in subsection 6 for child care assistance, or in subsection 24 12 for the family investment program share of the costs to 25 continue to develop and maintain a new, integrated eligibility 26 determination system, as applicable, have been expended. For 27 the purposes of this subsection, the funds appropriated in 28 subsection 6, paragraph “a”, for transfer to the child care 29 and development block grant appropriation are considered fully 30 expended when the full amount has been transferred. 31 b. The department shall, on a quarterly basis, advise the 32 legislative services agency and department of management of 33 the amount of funds appropriated in this subsection that was 34 expended in the prior quarter. 35 -142- LSB 2653SV (2) 86 pf/rj 142/ 207
S.F. 505 14. Of the amounts appropriated in this section, $6,481,004 1 for the fiscal year beginning July 1, 2016, is transferred to 2 the appropriation of the federal social services block grant 3 made to the department of human services for that fiscal year. 4 15. For continuation of the program providing categorical 5 eligibility for the food assistance program as specified for 6 the program in the section of this division of this 2016 Act 7 relating to the family investment program account: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 9 16. The department may transfer funds allocated in this 10 section to the appropriations made in this division of this Act 11 for the same fiscal year for general administration and field 12 operations for resources necessary to implement and operate the 13 services referred to in this section and those funded in the 14 appropriation made in this division of this Act for the same 15 fiscal year for the family investment program from the general 16 fund of the state. 17 Sec. 120. FAMILY INVESTMENT PROGRAM ACCOUNT. 18 1. Moneys credited to the family investment program (FIP) 19 account for the fiscal year beginning July 1, 2016, and 20 ending June 30, 2017, shall be used to provide assistance in 21 accordance with chapter 239B . 22 2. The department may use a portion of the moneys credited 23 to the FIP account under this section as necessary for 24 salaries, support, maintenance, and miscellaneous purposes. 25 3. The department may transfer funds allocated in 26 subsection 4 to the appropriations made in this division of 27 this Act for the same fiscal year for general administration 28 and field operations for resources necessary to implement and 29 operate the family investment program services referred to in 30 this section and those funded in the appropriation made in this 31 division of this Act for the same fiscal year for the family 32 investment program from the general fund of the state. 33 4. Moneys appropriated in this division of this Act and 34 credited to the FIP account for the fiscal year beginning July 35 -143- LSB 2653SV (2) 86 pf/rj 143/ 207
S.F. 505 1, 2016, and ending June 30, 2017, are allocated as follows: 1 a. To be retained by the department of human services to 2 be used for coordinating with the department of human rights 3 to more effectively serve participants in FIP and other shared 4 clients and to meet federal reporting requirements under the 5 federal temporary assistance for needy families block grant: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 7 b. To the department of human rights for staffing, 8 administration, and implementation of the family development 9 and self-sufficiency grant program in accordance with section 10 216A.107 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,196,417 12 (1) Of the funds allocated for the family development 13 and self-sufficiency grant program in this paragraph “b”, 14 not more than 5 percent of the funds shall be used for the 15 administration of the grant program. 16 (2) The department of human rights may continue to implement 17 the family development and self-sufficiency grant program 18 statewide during fiscal year 2016-2017. 19 (3) The department of human rights may engage in activities 20 to strengthen and improve family outcomes measures and 21 data collection systems under the family development and 22 self-sufficiency grant program. 23 c. For the diversion subaccount of the FIP account: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,500 25 A portion of the moneys allocated for the subaccount may 26 be used for field operations, salaries, data management 27 system development, and implementation costs and support 28 deemed necessary by the director of human services in order 29 to administer the FIP diversion program. To the extent 30 moneys allocated in this paragraph “c” are not deemed by the 31 department to be necessary to support diversion activities, 32 such moneys may be used for other efforts intended to increase 33 engagement by family investment program participants in work, 34 education, or training activities. 35 -144- LSB 2653SV (2) 86 pf/rj 144/ 207
S.F. 505 d. For the food assistance employment and training program: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 2 (1) The department shall apply the federal supplemental 3 nutrition assistance program (SNAP) employment and training 4 state plan in order to maximize to the fullest extent permitted 5 by federal law the use of the 50 percent federal reimbursement 6 provisions for the claiming of allowable federal reimbursement 7 funds from the United States department of agriculture 8 pursuant to the federal SNAP employment and training program 9 for providing education, employment, and training services 10 for eligible food assistance program participants, including 11 but not limited to related dependent care and transportation 12 expenses. 13 (2) The department shall continue the categorical federal 14 food assistance program eligibility at 160 percent of the 15 federal poverty level and continue to eliminate the asset test 16 from eligibility requirements, consistent with federal food 17 assistance program requirements. The department shall include 18 as many food assistance households as is allowed by federal 19 law. The eligibility provisions shall conform to all federal 20 requirements including requirements addressing individuals who 21 are incarcerated or otherwise ineligible. 22 e. For the JOBS program: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,770,199 24 5. Of the child support collections assigned under FIP, 25 an amount equal to the federal share of support collections 26 shall be credited to the child support recovery appropriation 27 made in this division of this Act. Of the remainder of the 28 assigned child support collections received by the child 29 support recovery unit, a portion shall be credited to the FIP 30 account, a portion may be used to increase recoveries, and a 31 portion may be used to sustain cash flow in the child support 32 payments account. If as a consequence of the appropriations 33 and allocations made in this section the resulting amounts 34 are insufficient to sustain cash assistance payments and meet 35 -145- LSB 2653SV (2) 86 pf/rj 145/ 207
S.F. 505 federal maintenance of effort requirements, the department 1 shall seek supplemental funding. If child support collections 2 assigned under FIP are greater than estimated or are otherwise 3 determined not to be required for maintenance of effort, the 4 state share of either amount may be transferred to or retained 5 in the child support payments account. 6 6. The department may adopt emergency rules for the family 7 investment, JOBS, food assistance, and medical assistance 8 programs if necessary to comply with federal requirements. 9 Sec. 121. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 10 is appropriated from the general fund of the state to the 11 department of human services for the fiscal year beginning July 12 1, 2016, and ending June 30, 2017, the following amount, or 13 so much thereof as is necessary, to be used for the purpose 14 designated: 15 To be credited to the family investment program (FIP) 16 account and used for family investment program assistance under 17 chapter 239B : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,546,938 19 1. Of the funds appropriated in this section, $3,701,110 is 20 allocated for the JOBS program. 21 2. Of the funds appropriated in this section, $1,756,927 is 22 allocated for the family development and self-sufficiency grant 23 program. 24 3. Notwithstanding section 8.39 , for the fiscal year 25 beginning July 1, 2016, if necessary to meet federal 26 maintenance of effort requirements or to transfer federal 27 temporary assistance for needy families block grant funding 28 to be used for purposes of the federal social services block 29 grant or to meet cash flow needs resulting from delays in 30 receiving federal funding or to implement, in accordance with 31 this division of this Act, activities currently funded with 32 juvenile court services, county, or community moneys and state 33 moneys used in combination with such moneys, the department 34 of human services may transfer funds within or between any 35 -146- LSB 2653SV (2) 86 pf/rj 146/ 207
S.F. 505 of the appropriations made in this division of this Act and 1 appropriations in law for the federal social services block 2 grant to the department for the following purposes, provided 3 that the combined amount of state and federal temporary 4 assistance for needy families block grant funding for each 5 appropriation remains the same before and after the transfer: 6 a. For the family investment program. 7 b. For child care assistance. 8 c. For child and family services. 9 d. For field operations. 10 e. For general administration. 11 f. For distribution to counties or regions through the 12 property tax relief fund for mental health and disability 13 services as provided in an appropriation for this purpose. 14 This subsection shall not be construed to prohibit the use 15 of existing state transfer authority for other purposes. The 16 department shall report any transfers made pursuant to this 17 subsection to the legislative services agency. 18 4. Of the funds appropriated in this section, $97,839 shall 19 be used for continuation of a grant to an Iowa-based nonprofit 20 organization with a history of providing tax preparation 21 assistance to low-income Iowans in order to expand the usage of 22 the earned income tax credit. The purpose of the grant is to 23 supply this assistance to underserved areas of the state. 24 5. Of the funds appropriated in this section, $40,000 shall 25 be used for the continuation of an unfunded pilot project, as 26 defined in 441 IAC 100.1, relating to parental obligations, 27 in which the child support recovery unit participates, to 28 support the efforts of a nonprofit organization committed to 29 strengthening the community through youth development, healthy 30 living, and social responsibility headquartered in a county 31 with a population over 350,000. The funds allocated in this 32 subsection shall be used by the recipient organization to 33 develop a larger community effort, through public and private 34 partnerships, to support a broad-based multi-county fatherhood 35 -147- LSB 2653SV (2) 86 pf/rj 147/ 207
S.F. 505 initiative that promotes payment of child support obligations, 1 improved family relationships, and full-time employment. 2 6. Of the funds appropriated in this section, $100,000 3 shall be used to continue a grant to a nonprofit organization 4 organized under section 501(c)(4) of the Internal Revenue Code 5 to continue a youth development strategy through after-school 6 programming that promotes academic success, healthy lifestyles, 7 good character, and citizenship. The organization shall meet 8 all of the following criteria: 9 a. Operate statewide and provide services through more than 10 one location. 11 b. Provide the after-school programming for students ages 12 five through eighteen years of age who are members of families 13 eligible for the federal temporary assistance for needy 14 families program. 15 c. Provide evidence, based on measurable outcomes, that the 16 after-school programming provided results in increased student 17 achievement. 18 7. The department may transfer funds appropriated in this 19 section to the appropriations made in this division of this Act 20 for general administration and field operations as necessary 21 to administer this section and the overall family investment 22 program. 23 Sec. 122. CHILD SUPPORT RECOVERY. There is appropriated 24 from the general fund of the state to the department of human 25 services for the fiscal year beginning July 1, 2016, and ending 26 June 30, 2017, the following amount, or so much thereof as is 27 necessary, to be used for the purposes designated: 28 For child support recovery, including salaries, support, 29 maintenance, and miscellaneous purposes, and for not more than 30 the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,331,687 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 464.00 33 1. The department shall expend up to $12,165, including 34 federal financial participation, for the fiscal year beginning 35 -148- LSB 2653SV (2) 86 pf/rj 148/ 207
S.F. 505 July 1, 2016, for a child support public awareness campaign. 1 The department and the office of the attorney general shall 2 cooperate in continuation of the campaign. The public 3 awareness campaign shall emphasize, through a variety of 4 media activities, the importance of maximum involvement of 5 both parents in the lives of their children as well as the 6 importance of payment of child support obligations. 7 2. Federal access and visitation grant moneys shall be 8 issued directly to private not-for-profit agencies that provide 9 services designed to increase compliance with the child access 10 provisions of court orders, including but not limited to 11 neutral visitation sites and mediation services. 12 3. The appropriation made to the department for child 13 support recovery may be used throughout the fiscal year in the 14 manner necessary for purposes of cash flow management, and for 15 cash flow management purposes the department may temporarily 16 draw more than the amount appropriated, provided the amount 17 appropriated is not exceeded at the close of the fiscal year. 18 4. With the exception of the funding amount specified, the 19 requirements established under 2001 Iowa Acts, chapter 191, 20 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 21 be applicable to parental obligation pilot projects for the 22 fiscal year beginning July 1, 2016, and ending June 30, 2017. 23 Notwithstanding 441 IAC 100.8, providing for termination of 24 rules relating to the pilot projects, the rules shall remain 25 in effect until June 30, 2017. 26 Sec. 123. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 27 FY 2016-2017. Any funds remaining in the health care trust 28 fund created in section 453A.35A for the fiscal year beginning 29 July 1, 2016, and ending June 30, 2017, are appropriated to 30 the department of human services to supplement the medical 31 assistance program appropriations made in this division of this 32 Act, for medical assistance reimbursement and associated costs, 33 including program administration and costs associated with 34 program implementation. 35 -149- LSB 2653SV (2) 86 pf/rj 149/ 207
S.F. 505 Sec. 124. MEDICAID FRAUD FUND —— MEDICAL ASSISTANCE —— FY 1 2016-2017. Any funds remaining in the Medicaid fraud fund 2 created in section 249A.50 for the fiscal year beginning 3 July 1, 2016, and ending June 30, 2017, are appropriated to 4 the department of human services to supplement the medical 5 assistance appropriations made in this division of this Act, 6 for medical assistance reimbursement and associated costs, 7 including program administration and costs associated with 8 program implementation. 9 Sec. 125. MEDICAL ASSISTANCE. 10 1. There is appropriated from the general fund of the 11 state to the department of human services for the fiscal year 12 beginning July 1, 2016, and ending June 30, 2017, the following 13 amount, or so much thereof as is necessary, to be used for the 14 purpose designated: 15 For medical assistance program reimbursement and associated 16 costs as specifically provided in the reimbursement 17 methodologies in effect on June 30, 2016, except as otherwise 18 expressly authorized by law, including reimbursement for 19 abortion services which shall be available under the medical 20 assistance program only for those abortions which are medically 21 necessary: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $673,176,820 23 2. Medically necessary abortions are those performed under 24 any of the following conditions: 25 a. The attending physician certifies that continuing the 26 pregnancy would endanger the life of the pregnant woman. 27 b. The attending physician certifies that the fetus is 28 physically deformed, mentally deficient, or afflicted with a 29 congenital illness. 30 c. The pregnancy is the result of a rape which is reported 31 within 45 days of the incident to a law enforcement agency or 32 public or private health agency which may include a family 33 physician. 34 d. The pregnancy is the result of incest which is reported 35 -150- LSB 2653SV (2) 86 pf/rj 150/ 207
S.F. 505 within 150 days of the incident to a law enforcement agency 1 or public or private health agency which may include a family 2 physician. 3 e. Any spontaneous abortion, commonly known as a 4 miscarriage, if not all of the products of conception are 5 expelled. 6 3. a. Iowans support reducing the number of abortions 7 performed in our state. For an abortion covered under the 8 program, except in the case of a medical emergency, as defined 9 in section 135L.1 , for any woman, the physician shall certify 10 both of the following: 11 (1) That the woman has been given the opportunity to view an 12 ultrasound image of the fetus as part of the standard of care 13 before an abortion is performed. 14 (2) That the woman has been provided information regarding 15 the options relative to a pregnancy, including continuing the 16 pregnancy to term and retaining parental rights following the 17 child’s birth, continuing the pregnancy to term and placing the 18 child for adoption, and terminating the pregnancy. 19 b. The provisions of this section relating to abortions 20 shall also apply to the Iowa health and wellness plan created 21 pursuant to chapter 249N . 22 4. The department shall utilize not more than $30,000 of 23 the funds appropriated in this section to continue the AIDS/HIV 24 health insurance premium payment program as established in 1992 25 Iowa Acts, Second Extraordinary Session, chapter 1001, section 26 409, subsection 6. Of the funds allocated in this subsection, 27 not more than $2,500 may be expended for administrative 28 purposes. 29 5. Of the funds appropriated in this Act to the department 30 of public health for addictive disorders, $475,000 for 31 the fiscal year beginning July 1, 2016, is transferred 32 to the department of human services for an integrated 33 substance-related disorder managed care system. The department 34 shall not assume management of the substance-related disorder 35 -151- LSB 2653SV (2) 86 pf/rj 151/ 207
S.F. 505 system in place of the managed care contractor unless such 1 a change in approach is specifically authorized in law. 2 The departments of human services and public health shall 3 work together to maintain the level of mental health and 4 substance-related disorder treatment services provided by the 5 managed care contractor through the Iowa plan for behavioral 6 health. Each department shall take the steps necessary to 7 continue the federal waivers as necessary to maintain the level 8 of services. 9 6. a. The department shall aggressively pursue options for 10 providing medical assistance or other assistance to individuals 11 with special needs who become ineligible to continue receiving 12 services under the early and periodic screening, diagnostic, 13 and treatment program under the medical assistance program 14 due to becoming 21 years of age who have been approved for 15 additional assistance through the department’s exception to 16 policy provisions, but who have health care needs in excess 17 of the funding available through the exception to policy 18 provisions. 19 b. Of the funds appropriated in this section, $50,000 20 shall be used for participation in one or more pilot projects 21 operated by a private provider to allow the individual or 22 individuals to receive service in the community in accordance 23 with principles established in Olmstead v. L.C., 527 U.S. 581 24 (1999), for the purpose of providing medical assistance or 25 other assistance to individuals with special needs who become 26 ineligible to continue receiving services under the early and 27 periodic screening, diagnostic, and treatment program under 28 the medical assistance program due to becoming 21 years of 29 age who have been approved for additional assistance through 30 the department’s exception to policy provisions, but who have 31 health care needs in excess of the funding available through 32 the exception to the policy provisions. 33 7. Of the funds appropriated in this section, up to 34 $1,525,041 may be transferred to the field operations or 35 -152- LSB 2653SV (2) 86 pf/rj 152/ 207
S.F. 505 general administration appropriations in this division of this 1 Act for operational costs associated with Part D of the federal 2 Medicare Prescription Drug Improvement and Modernization Act 3 of 2003, Pub. L. No. 108-173. 4 8. Of the funds appropriated in this section, up to $221,050 5 may be transferred to the appropriation in this division 6 of this Act for medical contracts to be used for clinical 7 assessment services and prior authorization of services. 8 9. A portion of the funds appropriated in this section 9 may be transferred to the appropriations in this division of 10 this Act for general administration, medical contracts, the 11 children’s health insurance program, or field operations to be 12 used for the state match cost to comply with the payment error 13 rate measurement (PERM) program for both the medical assistance 14 and children’s health insurance programs as developed by the 15 centers for Medicare and Medicaid services of the United States 16 department of health and human services to comply with the 17 federal Improper Payments Information Act of 2002, Pub. L. No. 18 107-300. 19 10. The department shall continue to implement the 20 recommendations of the assuring better child health and 21 development initiative II (ABCDII) clinical panel to the 22 Iowa early and periodic screening, diagnostic, and treatment 23 services healthy mental development collaborative board 24 regarding changes to billing procedures, codes, and eligible 25 service providers. 26 11. Of the funds appropriated in this section, a sufficient 27 amount is allocated to supplement the incomes of residents of 28 nursing facilities, intermediate care facilities for persons 29 with mental illness, and intermediate care facilities for 30 persons with an intellectual disability, with incomes of less 31 than $50 in the amount necessary for the residents to receive a 32 personal needs allowance of $50 per month pursuant to section 33 249A.30A . 34 12. Of the funds appropriated in this section, the following 35 -153- LSB 2653SV (2) 86 pf/rj 153/ 207
S.F. 505 amounts are transferred to the appropriations made in this 1 division of this Act for the state mental health institutes: 2 a. Cherokee mental health institute . . . . . . . . . . . $ 4,549,213 3 b. Clarinda mental health institute . . . . . . . . . . . $ 988,653 4 c. Independence mental health institute . . . . . . . $ 4,522,947 5 13. a. Of the funds appropriated in this section, 6 $4,298,325 is allocated for the state match for a 7 disproportionate share hospital payment of $9,566,715 to 8 hospitals that meet both of the conditions specified in 9 subparagraphs (1) and (2). In addition, the hospitals that 10 meet the conditions specified shall either certify public 11 expenditures or transfer to the medical assistance program 12 an amount equal to provide the nonfederal share for a 13 disproportionate share hospital payment of $3,750,000. The 14 hospitals that meet the conditions specified shall receive and 15 retain 100 percent of the total disproportionate share hospital 16 payment of $13,316,715. 17 (1) The hospital qualifies for disproportionate share and 18 graduate medical education payments. 19 (2) The hospital is an Iowa state-owned hospital with more 20 than 500 beds and eight or more distinct residency specialty 21 or subspecialty programs recognized by the American college of 22 graduate medical education. 23 b. Distribution of the disproportionate share payments 24 shall be made on a monthly basis. The total amount of 25 disproportionate share payments including graduate medical 26 education, enhanced disproportionate share, and Iowa 27 state-owned teaching hospital payments shall not exceed the 28 amount of the state’s allotment under Pub. L. No. 102-234. 29 In addition, the total amount of all disproportionate 30 share payments shall not exceed the hospital-specific 31 disproportionate share limits under Pub. L. No. 103-66. 32 c. The university of Iowa hospitals and clinics shall either 33 certify public expenditures or transfer to the appropriations 34 made in this division of this Act for medical assistance an 35 -154- LSB 2653SV (2) 86 pf/rj 154/ 207
S.F. 505 amount equal to provide the nonfederal share for increased 1 medical assistance payments for inpatient and outpatient 2 hospital services of $4,950,000. The university of Iowa 3 hospitals and clinics shall receive and retain 100 percent of 4 the total increase in medical assistance payments. 5 d. Program payments for disproportionate share hospitals 6 and graduate medical education, and the upper payment limits 7 applicable to these programs shall be held harmless from the 8 impacts of Medicaid managed care and the governor’s Medicaid 9 modernization initiative. Payment methodologies utilized 10 for these programs may be adjusted or converted to other 11 methodologies or payment types in order to comply with this 12 hold harmless requirement. 13 14. One hundred percent of the nonfederal share of payments 14 to area education agencies that are medical assistance 15 providers for medical assistance-covered services provided to 16 medical assistance-covered children, shall be made from the 17 appropriation made in this section. 18 15. Any new or renewed contract entered into by the 19 department with a third party to administer behavioral health 20 services under the medical assistance program shall provide 21 that any interest earned on payments from the state during 22 the state fiscal year shall be remitted to the department 23 and treated as recoveries to offset the costs of the medical 24 assistance program. 25 16. A portion of the funds appropriated in this section 26 may be transferred to the appropriation in this division of 27 this Act for medical contracts to be used for administrative 28 activities associated with the money follows the person 29 demonstration project. 30 17. Of the funds appropriated in this section, $174,506 31 shall be used for the administration of the health insurance 32 premium payment program, including salaries, support, 33 maintenance, and miscellaneous purposes. 34 18. a. The department may increase the amounts allocated 35 -155- LSB 2653SV (2) 86 pf/rj 155/ 207
S.F. 505 for salaries, support, maintenance, and miscellaneous purposes 1 associated with the medical assistance program, as necessary, 2 to implement cost containment strategies. The department shall 3 report any such increase to the legislative services agency and 4 the department of management. 5 b. If the savings to the medical assistance program from 6 cost containment efforts exceed the cost for the fiscal 7 year beginning July 1, 2016, the department may transfer any 8 savings generated for the fiscal year due to medical assistance 9 program cost containment efforts to the appropriation 10 made in this division of this Act for medical contracts or 11 general administration to defray the increased contract costs 12 associated with implementing such efforts. 13 c. The department of human services shall not implement 14 the following cost containment measures as recommended by the 15 governor for the fiscal year beginning July 1, 2016: 16 (1) A measure to provide uniform rates of $.575 per mile 17 based on the 2015 Internal Revenue Service mileage rate and 18 of $9.29, the current statewide average, per one-way trip for 19 Medicaid program home and community-based services waivers. 20 (2) A measure to cap the total costs of all services 21 received by a recipient of the home and community-based 22 services waiver for individuals with an intellectual disability 23 at the daily intermediate care facility for persons with an 24 intellectual disability (ICF/ID) per diem rate of $346.39 per 25 day based on the 80th percentile of all ICF/ID rates. 26 (3) A measure to align individual requests for exceptions to 27 policy with the capped total cost of services for a recipient 28 of the home and community-based services waiver for individuals 29 with an intellectual disability as computed under subparagraph 30 (2). 31 (4) A measure to utilize the supports intensity scale 32 to determine payment amounts and a tiered payment system 33 for the services provided to adults served under the home 34 and community-based services waiver for individuals with an 35 -156- LSB 2653SV (2) 86 pf/rj 156/ 207
S.F. 505 intellectual disability. 1 (5) A measure to reallocate funding for community-based 2 systems of care to instead support integrated health homes. 3 (6) A measure to increase the university of Iowa hospitals 4 and clinics state share responsibility for the supplemental 5 disproportionate share hospital payment to the university of 6 Iowa hospitals and clinics for the fiscal year beginning July 7 1, 2016. 8 d. The department shall report the implementation of 9 any cost containment strategies under this subsection to 10 the individuals specified in this division of this Act for 11 submission of reports on a quarterly basis. 12 19. For the fiscal year beginning July 1, 2016, and ending 13 June 30, 2017, the replacement generation tax revenues required 14 to be deposited in the property tax relief fund pursuant to 15 section 437A.8, subsection 4, paragraph “d” , and section 16 437A.15, subsection 3, paragraph “f” , shall instead be credited 17 to and supplement the appropriation made in this section and 18 used for the allocations made in this section. 19 20. The department shall continue to administer the state 20 balancing incentive payments program as specified in 2012 Iowa 21 Acts, chapter 1133, section 14. 22 21. a. Of the funds appropriated in this section, $450,000 23 shall be used for continued implementation of the children’s 24 mental health home project proposed by the department of human 25 services and reported to the general assembly’s mental health 26 and disability services study committee in December 2011. Of 27 this amount, up to $25,000 may be transferred by the department 28 to 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 $200,000 35 -157- LSB 2653SV (2) 86 pf/rj 157/ 207
S.F. 505 may be transferred by the department to the appropriation made 1 to the department in this division of this Act for the same 2 fiscal year for Medicaid program-related general administration 3 planning and implementation activities. The funds may be used 4 for contracts or for personnel in addition to the amounts 5 appropriated for and the positions authorized for general 6 administration for the fiscal year. 7 c. Of the funds appropriated in this section, up to 8 $1,500,000 may be transferred by the department to the 9 appropriations made in this division of this Act for the same 10 fiscal year for general administration or medical contracts 11 to be used to support the development and implementation of 12 standardized assessment tools for persons with mental illness, 13 an intellectual disability, a developmental disability, or a 14 brain injury. 15 22. Of the funds appropriated in this section, $125,000 16 shall be used for lodging expenses associated with care 17 provided at the university of Iowa hospitals and clinics for 18 patients with cancer whose travel distance is 30 miles or more 19 and whose income is at or below 200 percent of the federal 20 poverty level as defined by the most recently revised poverty 21 income guidelines published by the United States department of 22 health and human services. The department of human services 23 shall establish the maximum number of overnight stays and the 24 maximum rate reimbursed for overnight lodging, which may be 25 based on the state employee rate established by the department 26 of administrative services. The funds allocated in this 27 subsection shall not be used as nonfederal share matching 28 funds. 29 23. a. For inpatient and outpatient services provided by 30 hospitals on or after July 1, 2016, the department of human 31 services shall continue to recalculate and prospectively 32 apply an updated cost-to-charge ratio upon the request of a 33 hospital to implement price or charge reductions, if all of the 34 following criteria are met: 35 -158- LSB 2653SV (2) 86 pf/rj 158/ 207
S.F. 505 (1) The recalculation of an updated cost-to-charge ratio is 1 budget neutral to the state funding amount appropriated for the 2 respective fiscal year and maintains budget neutral payments or 3 revenue to all hospitals. 4 (2) The hospital requesting the price or charge reduction 5 submits a proforma cost report and charge master that reflects 6 the anticipated cost-to-charge reduction. 7 b. Based upon the proforma cost report submitted by the 8 requesting hospital, the department of human services shall 9 prospectively apply the recalculated cost-to-charge ratio as 10 appropriate to submitted claims for health care services. 11 24. The department of human services shall not adopt 12 emergency rules to implement Medicaid managed care or the 13 governor’s Medicaid modernization initiative. 14 25. The number of home and community-based services waiver 15 slots available during the fiscal year beginning July 1, 2016, 16 shall not be reduced below the number of such slots available 17 on January 1, 2015. 18 Sec. 126. MEDICAL CONTRACTS. There is appropriated from the 19 general fund of the state to the department of human services 20 for the fiscal year beginning July 1, 2016, and ending June 30, 21 2017, the following amount, or so much thereof as is necessary, 22 to be used for the purpose designated: 23 For medical contracts: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,076,792 25 1. The department of inspections and appeals shall 26 provide all state matching funds for survey and certification 27 activities performed by the department of inspections 28 and appeals. The department of human services is solely 29 responsible for distributing the federal matching funds for 30 such activities. 31 2. Of the funds appropriated in this section, $25,000 shall 32 be used for continuation of home and community-based services 33 waiver quality assurance programs, including the review and 34 streamlining of processes and policies related to oversight and 35 -159- LSB 2653SV (2) 86 pf/rj 159/ 207
S.F. 505 quality management to meet state and federal requirements. 1 3. Of the amount appropriated in this section, up to 2 $100,000 may be transferred to the appropriation for general 3 administration in this division of this Act to be used for 4 additional full-time equivalent positions in the development of 5 key health initiatives such as cost containment, development 6 and oversight of managed care programs, and development of 7 health strategies targeted toward improved quality and reduced 8 costs in the Medicaid program. 9 4. Of the funds appropriated in this section, $500,000 shall 10 be used for planning and development, in cooperation with the 11 department of public health, of a phased-in program to provide 12 a dental home for children. 13 5. Of the funds appropriated in this section, $1,000,000 14 shall be used for the autism support program created in chapter 15 225D . 16 Sec. 127. STATE SUPPLEMENTARY ASSISTANCE. 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, 2016, and ending June 30, 2017, the following 20 amount, or so much thereof as is necessary, to be used for the 21 purpose designated: 22 For the state supplementary assistance program: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,498,594 24 2. The department shall increase the personal needs 25 allowance for residents of residential care facilities by the 26 same percentage and at the same time as federal supplemental 27 security income and federal social security benefits are 28 increased due to a recognized increase in the cost of living. 29 The department may adopt emergency rules to implement this 30 subsection. 31 3. If during the fiscal year beginning July 1, 2016, 32 the department projects that state supplementary assistance 33 expenditures for a calendar year will not meet the federal 34 pass-through requirement specified in Tit. XVI of the federal 35 -160- LSB 2653SV (2) 86 pf/rj 160/ 207
S.F. 505 Social Security Act, section 1618, as codified in 42 U.S.C. 1 §1382g, the department may take actions including but not 2 limited to increasing the personal needs allowance for 3 residential care facility residents and making programmatic 4 adjustments or upward adjustments of the residential care 5 facility or in-home health-related care reimbursement rates 6 prescribed in this division of this Act to ensure that federal 7 requirements are met. In addition, the department may make 8 other programmatic and rate adjustments necessary to remain 9 within the amount appropriated in this section while ensuring 10 compliance with federal requirements. The department may adopt 11 emergency rules to implement the provisions of this subsection. 12 Sec. 128. CHILDREN’S HEALTH INSURANCE PROGRAM. 13 1. There is appropriated from the general fund of the 14 state to the department of human services for the fiscal year 15 beginning July 1, 2016, and ending June 30, 2017, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For maintenance of the healthy and well kids in Iowa (hawk-i) 19 program pursuant to chapter 514I , including supplemental dental 20 services, for receipt of federal financial participation under 21 Tit. XXI of the federal Social Security Act, which creates the 22 children’s health insurance program: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,581,922 24 2. Of the funds appropriated in this section, $21,400 is 25 allocated for continuation of the contract for outreach with 26 the department of public health. 27 Sec. 129. CHILD CARE ASSISTANCE. There is appropriated 28 from the general fund of the state to the department of human 29 services for the fiscal year beginning July 1, 2016, and ending 30 June 30, 2017, the following amount, or so much thereof as is 31 necessary, to be used for the purpose designated: 32 For child care programs: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,319,015 34 1. Of the funds appropriated in this section, $24,409,301 35 -161- LSB 2653SV (2) 86 pf/rj 161/ 207
S.F. 505 shall be used for state child care assistance in accordance 1 with section 237A.13 . 2 2. Nothing in this section shall be construed or is 3 intended as or shall imply a grant of entitlement for services 4 to persons who are eligible for assistance due to an income 5 level consistent with the waiting list requirements of section 6 237A.13 . Any state obligation to provide services pursuant to 7 this section is limited to the extent of the funds appropriated 8 in this section. 9 3. Of the funds appropriated in this section, $216,227 10 is allocated for the statewide grant program for child care 11 resource and referral services under section 237A.26 . A list 12 of the registered and licensed child care facilities operating 13 in the area served by a child care resource and referral 14 service shall be made available to the families receiving state 15 child care assistance in that area. 16 4. Of the funds appropriated in this section, $468,487 17 is allocated for child care quality improvement initiatives 18 including but not limited to the voluntary quality rating 19 system in accordance with section 237A.30 . 20 5. Of the funds appropriated in this section, $3,175,000 21 shall be credited to the early childhood programs grants 22 account in the early childhood Iowa fund created in section 23 256I.11 . The moneys shall be distributed for funding of 24 community-based early childhood programs targeted to children 25 from birth through five years of age developed by early 26 childhood Iowa areas in accordance with approved community 27 plans as provided in section 256I.8 . 28 6. The department may use any of the funds appropriated 29 in this section as a match to obtain federal funds for use in 30 expanding child care assistance and related programs. For 31 the purpose of expenditures of state and federal child care 32 funding, funds shall be considered obligated at the time 33 expenditures are projected or are allocated to the department’s 34 service areas. Projections shall be based on current and 35 -162- LSB 2653SV (2) 86 pf/rj 162/ 207
S.F. 505 projected caseload growth, current and projected provider 1 rates, staffing requirements for eligibility determination 2 and management of program requirements including data systems 3 management, staffing requirements for administration of the 4 program, contractual and grant obligations and any transfers 5 to other state agencies, and obligations for decategorization 6 or innovation projects. 7 7. A portion of the state match for the federal child care 8 and development block grant shall be provided as necessary to 9 meet federal matching funds requirements through the state 10 general fund appropriation made for child development grants 11 and other programs for at-risk children in section 279.51 . 12 8. If a uniform reduction ordered by the governor under 13 section 8.31 or other operation of law, transfer, or federal 14 funding reduction reduces the appropriation made in this 15 section for the fiscal year, the percentage reduction in the 16 amount paid out to or on behalf of the families participating 17 in the state child care assistance program shall be equal to or 18 less than the percentage reduction made for any other purpose 19 payable from the appropriation made in this section and the 20 federal funding relating to it. The percentage reduction to 21 the other allocations made in this section shall be the same as 22 the uniform reduction ordered by the governor or the percentage 23 change of the federal funding reduction, as applicable. 24 If there is an unanticipated increase in federal funding 25 provided for state child care assistance, the entire amount 26 of the increase shall be used for state child care assistance 27 payments. If the appropriations made for purposes of the 28 state child care assistance program for the fiscal year are 29 determined to be insufficient, it is the intent of the general 30 assembly to appropriate sufficient funding for the fiscal year 31 in order to avoid establishment of waiting list requirements. 32 9. Notwithstanding section 8.33 , moneys advanced for 33 purposes of the programs developed by early childhood Iowa 34 areas, advanced for purposes of wraparound child care, or 35 -163- LSB 2653SV (2) 86 pf/rj 163/ 207
S.F. 505 received from the federal appropriations made for the purposes 1 of this section that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert to any fund but shall 3 remain available for expenditure for the purposes designated 4 until the close of the succeeding fiscal year. 5 10. Of the funds appropriated in this section, $50,000 6 is transferred to the department of public health to be used 7 to continue a program to assist parents in this state with 8 costs resulting from the death of a child in accordance with 9 this subsection. If it is less costly than administering the 10 program directly, the department shall issue a request for 11 proposals and issue a grant to an appropriate organization to 12 administer the program. 13 a. The program funding shall be used to assist parents who 14 reside in this state with costs incurred for a funeral, burial 15 or cremation, cemetery costs, or grave marker costs associated 16 with the unintended death of a child of the parent or a child 17 under the care of a guardian or custodian. The department 18 shall consider the following eligibility factors in developing 19 program requirements: 20 (1) The child was a stillborn infant or was less than age 21 eighteen at the time of death. 22 (2) The request for assistance was approved by the local 23 board or department of health or the county general assistance 24 director and may have been referred by a local funeral home. 25 (3) To be eligible, the parent, guardian, or custodian must 26 have an annual household income that is less than 145 percent 27 of the federal poverty level based on the number of people 28 in the applicant’s household as defined by the most recently 29 revised poverty income guidelines published by the United 30 States department of health and human services. 31 (4) The maximum amount of grant assistance provided to a 32 parent, guardian, or custodian associated with the death of 33 a child is $2,000. If the death is a multiple death and the 34 infants or children are being cremated, or buried together, the 35 -164- LSB 2653SV (2) 86 pf/rj 164/ 207
S.F. 505 same limitation applies. 1 (5) To the extent the overall amount of assistance received 2 by a recipient for the costs addressed under this subsection 3 does not exceed the overall total of the costs, the recipient 4 may receive other public or private assistance in addition to 5 grant assistance under this section. 6 b. Notwithstanding section 8.33, moneys transferred by this 7 subsection that remain unencumbered or unobligated at the close 8 of the fiscal year shall not revert but shall remain available 9 for expenditure for the purposes designated until expended. 10 Sec. 130. JUVENILE INSTITUTIONS. There is appropriated 11 from the general fund of the state to the department of human 12 services for the fiscal year beginning July 1, 2016, and ending 13 June 30, 2017, the following amounts, or so much thereof as is 14 necessary, to be used for the purposes designated: 15 1. For the costs of security, building and grounds 16 maintenance, utilities, salary, and support for the facilities 17 located at the Iowa juvenile home at Toledo and for salaries, 18 support, maintenance, and miscellaneous purposes, and for not 19 more than the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 186,383 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,222,776 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.30 28 Of the funds appropriated in this subsection, $45,575 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 Sec. 131. CHILD AND FAMILY SERVICES. 34 1. There is appropriated from the general fund of the 35 -165- LSB 2653SV (2) 86 pf/rj 165/ 207
S.F. 505 state to the department of human services for the fiscal year 1 beginning July 1, 2016, and ending June 30, 2017, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purpose designated: 4 For child and family services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 49,091,090 6 2. Up to $2,600,000 of the amount of federal temporary 7 assistance for needy families block grant funding appropriated 8 in this division of this Act for child and family services 9 shall be made available for purposes of juvenile delinquent 10 graduated sanction services. 11 3. The department may transfer funds appropriated in this 12 section as necessary to pay the nonfederal costs of services 13 reimbursed under the medical assistance program, state child 14 care assistance program, or the family investment program which 15 are provided to children who would otherwise receive services 16 paid under the appropriation in this section. The department 17 may transfer funds appropriated in this section to the 18 appropriations made in this division of this Act for general 19 administration and for field operations for resources necessary 20 to implement and operate the services funded in this section. 21 4. a. Of the funds appropriated in this section, up to 22 $17,910,893 is allocated as the statewide expenditure target 23 under section 232.143 for group foster care maintenance and 24 services. If the department projects that such expenditures 25 for the fiscal year will be less than the target amount 26 allocated in this paragraph “a”, the department may reallocate 27 the excess to provide additional funding for shelter care 28 or the child welfare emergency services addressed with the 29 allocation for shelter care. 30 b. If at any time after September 30, 2016, annualization 31 of a service area’s current expenditures indicates a service 32 area is at risk of exceeding its group foster care expenditure 33 target under section 232.143 by more than 5 percent, the 34 department and juvenile court services shall examine all 35 -166- LSB 2653SV (2) 86 pf/rj 166/ 207
S.F. 505 group foster care placements in that service area in order to 1 identify those which might be appropriate for termination. 2 In addition, any aftercare services believed to be needed 3 for the children whose placements may be terminated shall be 4 identified. The department and juvenile court services shall 5 initiate action to set dispositional review hearings for the 6 placements identified. In such a dispositional review hearing, 7 the juvenile court shall determine whether needed aftercare 8 services are available and whether termination of the placement 9 is in the best interest of the child and the community. 10 5. In accordance with the provisions of section 232.188 , 11 the department shall continue the child welfare and juvenile 12 justice funding initiative during fiscal year 2016-2017. Of 13 the funds appropriated in this section, $858,877 is allocated 14 specifically for expenditure for fiscal year 2016-2017 through 15 the decategorization services funding pools and governance 16 boards established pursuant to section 232.188 . 17 6. A portion of the funds appropriated in this section 18 may be used for emergency family assistance to provide other 19 resources required for a family participating in a family 20 preservation or reunification project or successor project to 21 stay together or to be reunified. 22 7. Notwithstanding section 234.35 or any other provision 23 of law to the contrary, state funding for shelter care and 24 the child welfare emergency services contracting implemented 25 to provide for or prevent the need for shelter care shall be 26 limited to $4,034,237. 27 8. Federal funds received by the state during the fiscal 28 year beginning July 1, 2016, as the result of the expenditure 29 of state funds appropriated during a previous state fiscal 30 year for a service or activity funded under this section are 31 appropriated to the department to be used as additional funding 32 for services and purposes provided for under this section. 33 Notwithstanding section 8.33 , moneys received in accordance 34 with this subsection that remain unencumbered or unobligated at 35 -167- LSB 2653SV (2) 86 pf/rj 167/ 207
S.F. 505 the close of the fiscal year shall not revert to any fund but 1 shall remain available for the purposes designated until the 2 close of the succeeding fiscal year. 3 9. a. Of the funds appropriated in this section, up to 4 $1,645,000 is allocated for the payment of the expenses of 5 court-ordered services provided to juveniles who are under 6 the supervision of juvenile court services, which expenses 7 are a charge upon the state pursuant to section 232.141, 8 subsection 4 . Of the amount allocated in this paragraph “a”, 9 up to $778,144 shall be made available to provide school-based 10 supervision of children adjudicated under chapter 232 , of which 11 not more than $7,500 may be used for the purpose of training. 12 A portion of the cost of each school-based liaison officer 13 shall be paid by the school district or other funding source as 14 approved by the chief juvenile court officer. 15 b. Of the funds appropriated in this section, up to $374,493 16 is allocated for the payment of the expenses of court-ordered 17 services provided to children who are under the supervision 18 of the department, which expenses are a charge upon the state 19 pursuant to section 232.141, subsection 4 . 20 c. Notwithstanding section 232.141 or any other provision 21 of law to the contrary, the amounts allocated in this 22 subsection shall be distributed to the judicial districts 23 as determined by the state court administrator and to the 24 department’s service areas as determined by the administrator 25 of the department of human services’ division of child and 26 family services. The state court administrator and the 27 division administrator shall make the determination of the 28 distribution amounts on or before June 15, 2016. 29 d. Notwithstanding chapter 232 or any other provision of 30 law to the contrary, a district or juvenile court shall not 31 order any service which is a charge upon the state pursuant 32 to section 232.141 if there are insufficient court-ordered 33 services funds available in the district court or departmental 34 service area distribution amounts to pay for the service. The 35 -168- LSB 2653SV (2) 86 pf/rj 168/ 207
S.F. 505 chief juvenile court officer and the departmental service area 1 manager shall encourage use of the funds allocated in this 2 subsection such that there are sufficient funds to pay for 3 all court-related services during the entire year. The chief 4 juvenile court officers and departmental service area managers 5 shall attempt to anticipate potential surpluses and shortfalls 6 in the distribution amounts and shall cooperatively request the 7 state court administrator or division administrator to transfer 8 funds between the judicial districts’ or departmental service 9 areas’ distribution amounts as prudent. 10 e. Notwithstanding any provision of law to the contrary, 11 a district or juvenile court shall not order a county to pay 12 for any service provided to a juvenile pursuant to an order 13 entered under chapter 232 which is a charge upon the state 14 under section 232.141, subsection 4 . 15 f. Of the funds allocated in this subsection, not more than 16 $41,500 may be used by the judicial branch for administration 17 of the requirements under this subsection. 18 g. Of the funds allocated in this subsection, $8,500 19 shall be used by the department of human services to support 20 the interstate commission for juveniles in accordance with 21 the interstate compact for juveniles as provided in section 22 232.173 . 23 10. Of the funds appropriated in this section, $4,026,614 is 24 allocated for juvenile delinquent graduated sanctions services. 25 Any state funds saved as a result of efforts by juvenile court 26 services to earn a federal Tit. IV-E match for juvenile court 27 services administration may be used for the juvenile delinquent 28 graduated sanctions services. 29 11. Of the funds appropriated in this section, $804,143 is 30 transferred to the department of public health to be used for 31 the child protection center grant program for child protection 32 centers located in Iowa in accordance with section 135.118 . 33 The grant amounts under the program shall be equalized so that 34 each center receives a uniform base amount of $122,500, and 35 -169- LSB 2653SV (2) 86 pf/rj 169/ 207
S.F. 505 the remaining funds shall be awarded through a funding formula 1 based upon the volume of children served. 2 12. If the department receives federal approval to 3 implement a waiver under Tit. IV-E of the federal Social 4 Security Act to enable providers to serve children who remain 5 in the children’s families and communities, for purposes of 6 eligibility under the medical assistance program through 25 7 years of age, children who participate in the waiver shall be 8 considered to be placed in foster care. 9 13. Of the funds appropriated in this section, $2,012,584 is 10 allocated for the preparation for adult living program pursuant 11 to section 234.46 . 12 14. Of the funds appropriated in this section, $260,075 13 shall be used for juvenile drug courts. The amount allocated 14 in this subsection shall be distributed as follows: 15 To the judicial branch for salaries to assist with the 16 operation of juvenile drug court programs operated in the 17 following jurisdictions: 18 a. Marshall county: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,354 20 b. Woodbury county: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,841 22 c. Polk county: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,946 24 d. The third judicial district: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 26 e. The eighth judicial district: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 28 15. Of the funds appropriated in this section, $113,669 29 shall be used for the public purpose of continuing a grant to 30 a nonprofit human services organization providing services to 31 individuals and families in multiple locations in southwest 32 Iowa and Nebraska for support of a project providing immediate, 33 sensitive support and forensic interviews, medical exams, needs 34 assessments, and referrals for victims of child abuse and their 35 -170- LSB 2653SV (2) 86 pf/rj 170/ 207
S.F. 505 nonoffending family members. 1 16. Of the funds appropriated in this section, $150,310 2 is allocated for the foster care youth council approach of 3 providing a support network to children placed in foster care. 4 17. Of the funds appropriated in this section, $101,000 is 5 allocated for use pursuant to section 235A.1 for continuation 6 of the initiative to address child sexual abuse implemented 7 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 8 21. 9 18. Of the funds appropriated in this section, $315,120 is 10 allocated for the community partnership for child protection 11 sites. 12 19. Of the funds appropriated in this section, $185,625 13 is allocated for the department’s minority youth and family 14 projects under the redesign of the child welfare system. 15 20. Of the funds appropriated in this section, $593,298 16 is allocated for funding of the community circle of care 17 collaboration for children and youth in northeast Iowa. 18 21. Of the funds appropriated in this section, at least 19 $73,579 shall be used for the continuation of the child 20 welfare provider training academy, a collaboration between the 21 coalition for family and children’s services in Iowa and the 22 department. 23 22. Of the funds appropriated in this section, $12,500 24 shall be used for the public purpose of continuation of a 25 grant to a child welfare services provider headquartered in a 26 county with a population between 205,000 and 215,000 in the 27 latest certified federal census that provides multiple services 28 including but not limited to a psychiatric medical institution 29 for children, shelter, residential treatment, after school 30 programs, school-based programming, and an Asperger’s syndrome 31 program, to be used for support services for children with 32 autism spectrum disorder and their families. 33 23. Of the funds appropriated in this section, $12,500 34 shall be used for the public purpose of continuing a grant to 35 -171- LSB 2653SV (2) 86 pf/rj 171/ 207
S.F. 505 a hospital-based provider headquartered in a county with a 1 population between 90,000 and 95,000 in the latest certified 2 federal census that provides multiple services including 3 but not limited to diagnostic, therapeutic, and behavioral 4 services to individuals with autism spectrum disorder across 5 one’s lifespan. The grant recipient shall utilize the funds 6 to continue the pilot project to determine the necessary 7 support services for children with autism spectrum disorder and 8 their families to be included in the children’s disabilities 9 services system. The grant recipient shall submit findings and 10 recommendations based upon the results of the pilot project 11 to the individuals specified in this division of this Act for 12 submission of reports by December 31, 2016. 13 24. Of the funds appropriated in this section, $105,936 14 shall be used for continuation of the central Iowa system of 15 care program grant through June 30, 2017. 16 25. Of the funds appropriated in this section, $125,000 17 shall be used for the public purpose of the continuation 18 and expansion of a system of care program grant implemented 19 in Cerro Gordo and Linn counties to utilize a comprehensive 20 and long-term approach for helping children and families by 21 addressing the key areas in a child’s life of childhood basic 22 needs, education and work, family, and community. 23 26. Of the funds appropriated in this section, at least 24 $12,500 shall be used to continue and to expand the foster 25 care respite pilot program in which postsecondary students in 26 social work and other human services-related programs receive 27 experience by assisting family foster care providers with 28 respite and other support. 29 27. Of the funds appropriated in this section, $55,000 30 shall be used for the public purpose of funding community-based 31 services and other supports with a system of care approach 32 for children with a serious emotional disturbance and their 33 families through a nonprofit provider of child welfare services 34 that has been in existence for more than 115 years, is located 35 -172- LSB 2653SV (2) 86 pf/rj 172/ 207
S.F. 505 in a county with a population of more than 200,000 but less 1 than 220,000 according to the latest census information 2 issued by the United States census bureau, is licensed as a 3 psychiatric medical institution for children, and was a system 4 of care grantee prior to July 1, 2016. 5 Sec. 132. ADOPTION SUBSIDY. 6 1. There is appropriated from the general fund of the 7 state to the department of human services for the fiscal year 8 beginning July 1, 2016, and ending June 30, 2017, the following 9 amount, or so much thereof as is necessary, to be used for the 10 purpose designated: 11 For adoption subsidy payments and services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,499,143 13 2. The department may transfer funds appropriated in 14 this section to the appropriation made in this division of 15 this Act for general administration for costs paid from the 16 appropriation relating to adoption subsidy. 17 3. Federal funds received by the state during the 18 fiscal year beginning July 1, 2016, as the result of the 19 expenditure of state funds during a previous state fiscal 20 year for a service or activity funded under this section are 21 appropriated to the department to be used as additional funding 22 for the services and activities funded under this section. 23 Notwithstanding section 8.33 , moneys received in accordance 24 with this subsection that remain unencumbered or unobligated 25 at the close of the fiscal year shall not revert to any fund 26 but shall remain available for expenditure for the purposes 27 designated until the close of the succeeding fiscal year. 28 Sec. 133. JUVENILE DETENTION HOME FUND. Moneys deposited 29 in the juvenile detention home fund created in section 232.142 30 during the fiscal year beginning July 1, 2016, and ending June 31 30, 2017, are appropriated to the department of human services 32 for the fiscal year beginning July 1, 2016, and ending June 30, 33 2017, for distribution of an amount equal to a percentage of 34 the costs of the establishment, improvement, operation, and 35 -173- LSB 2653SV (2) 86 pf/rj 173/ 207
S.F. 505 maintenance of county or multicounty juvenile detention homes 1 in the fiscal year beginning July 1, 2015. Moneys appropriated 2 for distribution in accordance with this section shall be 3 allocated among eligible detention homes, prorated on the basis 4 of an eligible detention home’s proportion of the costs of all 5 eligible detention homes in the fiscal year beginning July 6 1, 2015. The percentage figure shall be determined by the 7 department based on the amount available for distribution for 8 the fund. Notwithstanding section 232.142, subsection 3 , the 9 financial aid payable by the state under that provision for the 10 fiscal year beginning July 1, 2016, shall be limited to the 11 amount appropriated for the purposes of this section. 12 Sec. 134. FAMILY SUPPORT SUBSIDY PROGRAM. 13 1. There is appropriated from the general fund of the 14 state to the department of human services for the fiscal year 15 beginning July 1, 2016, and ending June 30, 2017, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For the family support subsidy program subject to the 19 enrollment restrictions in section 225C.37, subsection 3 : 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 536,966 21 2. The department shall use at least $320,750 of the moneys 22 appropriated in this section for the family support center 23 component of the comprehensive family support program under 24 section 225C.47 . Not more than $12,500 of the amount allocated 25 in this subsection shall be used for administrative costs. 26 3. If at any time during the fiscal year, the amount of 27 funding available for the family support subsidy program 28 is reduced from the amount initially used to establish the 29 figure for the number of family members for whom a subsidy 30 is to be provided at any one time during the fiscal year, 31 notwithstanding section 225C.38, subsection 2 , the department 32 shall revise the figure as necessary to conform to the amount 33 of funding available. 34 Sec. 135. CONNER DECREE. There is appropriated from the 35 -174- LSB 2653SV (2) 86 pf/rj 174/ 207
S.F. 505 general fund of the state to the department of human services 1 for the fiscal year beginning July 1, 2016, and ending June 30, 2 2017, the following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For building community capacity through the coordination 5 and provision of training opportunities in accordance with the 6 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 7 Iowa, July 14, 1994): 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,816 9 Sec. 136. MENTAL HEALTH INSTITUTES. There is appropriated 10 from the general fund of the state to the department of human 11 services for the fiscal year beginning July 1, 2016, and ending 12 June 30, 2017, the following amounts, or so much thereof as is 13 necessary, to be used for the purposes designated: 14 1. For the state mental health institute at Cherokee for 15 salaries, support, maintenance, and miscellaneous purposes, and 16 for not more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,772,808 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.20 19 2. For the state mental health institute at Clarinda for 20 salaries, support, maintenance, and miscellaneous purposes, and 21 for not more than the following full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 906,450 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 24 3. For the state mental health institute at Independence for 25 salaries, support, maintenance, and miscellaneous purposes, and 26 for not more than the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,195,387 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 29 Sec. 137. STATE RESOURCE CENTERS. 30 1. There is appropriated from the general fund of the 31 state to the department of human services for the fiscal year 32 beginning July 1, 2016, and ending June 30, 2017, the following 33 amounts, or so much thereof as is necessary, to be used for the 34 purposes designated: 35 -175- LSB 2653SV (2) 86 pf/rj 175/ 207
S.F. 505 a. For the state resource center at Glenwood for salaries, 1 support, maintenance, and miscellaneous purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,012,241 3 b. For the state resource center at Woodward for salaries, 4 support, maintenance, and miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,466,903 6 2. The department may continue to bill for state resource 7 center services utilizing a scope of services approach used for 8 private providers of intermediate care facilities for persons 9 with an intellectual disability services, in a manner which 10 does not shift costs between the medical assistance program, 11 counties, or other sources of funding for the state resource 12 centers. 13 3. The state resource centers may expand the time-limited 14 assessment and respite services during the fiscal year. 15 4. If the department’s administration and the department 16 of management concur with a finding by a state resource 17 center’s superintendent that projected revenues can reasonably 18 be expected to pay the salary and support costs for a new 19 employee position, or that such costs for adding a particular 20 number of new positions for the fiscal year would be less 21 than the overtime costs if new positions would not be added, 22 the superintendent may add the new position or positions. If 23 the vacant positions available to a resource center do not 24 include the position classification desired to be filled, the 25 state resource center’s superintendent may reclassify any 26 vacant position as necessary to fill the desired position. The 27 superintendents of the state resource centers may, by mutual 28 agreement, pool vacant positions and position classifications 29 during the course of the fiscal year in order to assist one 30 another in filling necessary positions. 31 5. If existing capacity limitations are reached in 32 operating units, a waiting list is in effect for a service or 33 a special need for which a payment source or other funding 34 is available for the service or to address the special need, 35 -176- LSB 2653SV (2) 86 pf/rj 176/ 207
S.F. 505 and facilities for the service or to address the special need 1 can be provided within the available payment source or other 2 funding, the superintendent of a state resource center may 3 authorize opening not more than two units or other facilities 4 and begin implementing the service or addressing the special 5 need during fiscal year 2016-2017. 6 Sec. 138. SEXUALLY VIOLENT PREDATORS. 7 1. There is appropriated from the general fund of the 8 state to the department of human services for the fiscal year 9 beginning July 1, 2016, and ending June 30, 2017, the following 10 amount, or so much thereof as is necessary, to be used for the 11 purpose designated: 12 For costs associated with the commitment and treatment of 13 sexually violent predators in the unit located at the state 14 mental health institute at Cherokee, including costs of legal 15 services and other associated costs, including salaries, 16 support, maintenance, and miscellaneous purposes, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,946,540 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 132.50 20 2. Unless specifically prohibited by law, if the amount 21 charged provides for recoupment of at least the entire amount 22 of direct and indirect costs, the department of human services 23 may contract with other states to provide care and treatment 24 of persons placed by the other states at the unit for sexually 25 violent predators at Cherokee. The moneys received under 26 such a contract shall be considered to be repayment receipts 27 and used for the purposes of the appropriation made in this 28 section. 29 Sec. 139. FIELD OPERATIONS. There is appropriated from the 30 general fund of the state to the department of human services 31 for the fiscal year beginning July 1, 2016, and ending June 30, 32 2017, the following amount, or so much thereof as is necessary, 33 to be used for the purposes designated: 34 For field operations, including salaries, support, 35 -177- LSB 2653SV (2) 86 pf/rj 177/ 207
S.F. 505 maintenance, and miscellaneous purposes, and for not more than 1 the following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,460,488 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,837.00 4 1. As a condition of this appropriation, the department 5 shall make every possible effort to fill the entire number of 6 positions authorized by this section and, unless specifically 7 provided otherwise by an applicable collective bargaining 8 agreement, the department is not subject to any approval 9 requirement external to the department to fill a field 10 operations vacancy within the number of full-time equivalent 11 positions authorized by this section. The department shall 12 report on the first of each month to the chairpersons and 13 ranking members of the appropriations committees of the senate 14 and house of representatives, and the persons designated by 15 this Act for submission of reports concerning the status of 16 filling the positions. 17 2. Priority in filling full-time equivalent positions 18 shall be given to those positions related to child protection 19 services and eligibility determination for low-income families. 20 Sec. 140. GENERAL ADMINISTRATION. There is appropriated 21 from the general fund of the state to the department of human 22 services for the fiscal year beginning July 1, 2016, and ending 23 June 30, 2017, the following amount, or so much thereof as is 24 necessary, to be used for the purpose designated: 25 For general administration, including salaries, support, 26 maintenance, and miscellaneous purposes, and for not more than 27 the following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,580,871 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 309.00 30 1. Of the funds appropriated in this section, $19,272 is 31 allocated for the prevention of disabilities policy council 32 created in section 225B.103, if enacted in this or any other 33 Act. 34 2. The department shall report at least monthly to the 35 -178- LSB 2653SV (2) 86 pf/rj 178/ 207
S.F. 505 legislative services agency concerning the department’s 1 operational and program expenditures. 2 3. Of the funds appropriated in this section, $75,000 shall 3 be used to continue the contract for the provision of a program 4 to provide technical assistance, support, and consultation to 5 providers of habilitation services and home and community-based 6 services waiver services for adults with disabilities under the 7 medical assistance program. 8 4. Of the funds appropriated in this section, $25,000 9 is transferred to the Iowa finance authority to be used 10 for administrative support of the council on homelessness 11 established in section 16.2D and for the council to fulfill its 12 duties in addressing and reducing homelessness in the state. 13 5. Of the funds appropriated in this section, $125,000 14 is allocated to an Iowa food bank association selected by 15 the department for the purchase of food on behalf of an Iowa 16 emergency feeding organization or for the distribution of 17 moneys to the Iowa emergency feeding organization for the 18 purchase of food. The moneys allocated in this subsection 19 shall be allocated only to the extent that the allocated moneys 20 are matched on a dollar-for-dollar basis. Notwithstanding 21 section 8.33, moneys allocated in this subsection that remain 22 unencumbered or unobligated at the close of the fiscal year 23 shall not revert but shall remain available for expenditure for 24 the purposes designated until the close of the following fiscal 25 year. 26 6. Of the funds appropriated in this section, $125,000 shall 27 be transferred to and deposited in the administrative fund of 28 the Iowa ABLE savings plan trust created in section 12I.4, if 29 enacted in this or any other Act, to be used for implementation 30 and administration activities of the Iowa ABLE savings plan 31 trust. 32 Sec. 141. VOLUNTEERS. There is appropriated from the 33 general fund of the state to the department of human services 34 for the fiscal year beginning July 1, 2016, and ending June 30, 35 -179- LSB 2653SV (2) 86 pf/rj 179/ 207
S.F. 505 2017, the following amount, or so much thereof as is necessary, 1 to be used for the purpose designated: 2 For development and coordination of volunteer services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,343 4 Sec. 142. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 5 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 6 DEPARTMENT OF HUMAN SERVICES. 7 1. a. (1) For the fiscal year beginning July 1, 2016, 8 the total state funding amount for the nursing facility budget 9 shall not exceed $160,950,003. 10 (2) The department, in cooperation with nursing facility 11 representatives, shall review projections for state funding 12 expenditures for reimbursement of nursing facilities on a 13 quarterly basis and the department shall determine if an 14 adjustment to the medical assistance reimbursement rate is 15 necessary in order to provide reimbursement within the state 16 funding amount for the fiscal year. Notwithstanding 2001 17 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 18 “c”, and subsection 3, paragraph “a”, subparagraph (2), 19 if the state funding expenditures for the nursing facility 20 budget for the fiscal year are projected to exceed the amount 21 specified in subparagraph (1), the department shall adjust 22 the reimbursement for nursing facilities reimbursed under the 23 case-mix reimbursement system to maintain expenditures of the 24 nursing facility budget within the specified amount for the 25 fiscal year. 26 (3) For the fiscal year beginning July 1, 2016, special 27 population nursing facilities shall be reimbursed in accordance 28 with the methodology in effect on June 30, 2016. 29 (4) For any open or unsettled nursing facility cost report 30 for a fiscal year prior to and including the fiscal year 31 beginning July 1, 2015, including any cost report remanded on 32 judicial review for inclusion of prescription drug, laboratory, 33 or x-ray costs, the department shall offset all reported 34 prescription drug, laboratory, and x-ray costs with any revenue 35 -180- LSB 2653SV (2) 86 pf/rj 180/ 207
S.F. 505 received from Medicare or other revenue source for any purpose. 1 For purposes of this subparagraph, a nursing facility cost 2 report is not considered open or unsettled if the facility did 3 not initiate an administrative appeal under chapter 17A or if 4 any appeal rights initiated have been exhausted. 5 b. (1) For the fiscal year beginning July 1, 2016, 6 the department shall establish the pharmacy dispensing fee 7 reimbursement at $11.73 per prescription, until a cost of 8 dispensing survey is completed. The actual dispensing fee 9 shall be determined by a cost of dispensing survey performed 10 by the department and required to be completed by all medical 11 assistance program participating pharmacies every two years, 12 adjusted as necessary to maintain expenditures within the 13 amount appropriated to the department for this purpose for the 14 fiscal year. 15 (2) The department shall utilize an average acquisition 16 cost reimbursement methodology for all drugs covered under the 17 medical assistance program in accordance with 2012 Iowa Acts, 18 chapter 1133, section 33. 19 (3) Notwithstanding subparagraph (2), if the centers for 20 Medicare and Medicaid services of the United States department 21 of health and human services (CMS) requires, as a condition 22 of federal Medicaid funding, that the department implement an 23 aggregate federal upper limit (FUL) for drug reimbursement 24 based on the average manufacturer’s price (AMP), the department 25 may utilize a reimbursement methodology for all drugs covered 26 under the Medicaid program based on the national average drug 27 acquisition cost (NADAC) methodology published by CMS, in order 28 to assure compliance with the aggregate FUL, minimize outcomes 29 of drug reimbursements below pharmacy acquisition costs, limit 30 administrative costs, and minimize any change in the aggregate 31 reimbursement for drugs. The department may adopt emergency 32 rules to implement this subparagraph. 33 c. (1) For the fiscal year beginning July 1, 2016, 34 reimbursement rates for outpatient hospital services shall 35 -181- LSB 2653SV (2) 86 pf/rj 181/ 207
S.F. 505 remain at the rates in effect on June 30, 2016, subject 1 to Medicaid program upper payment limit rules and adjusted 2 as necessary to maintain expenditures within the amount 3 appropriated to the department for this purpose for the fiscal 4 year. 5 (2) For the fiscal year beginning July 1, 2016, 6 reimbursement rates for inpatient hospital services shall 7 remain at the rates in effect on June 30, 2016, subject 8 to Medicaid program upper payment limit rules and adjusted 9 as necessary to maintain expenditures within the amount 10 appropriated to the department for this purpose for the fiscal 11 year. 12 (3) For the fiscal year beginning July 1, 2016, the graduate 13 medical education and disproportionate share hospital fund 14 shall remain at the amount in effect on June 30, 2016, except 15 that the portion of the fund attributable to graduate medical 16 education shall be reduced in an amount that reflects the 17 elimination of graduate medical education payments made to 18 out-of-state hospitals. 19 (4) In order to ensure the efficient use of limited state 20 funds in procuring health care services for low-income Iowans, 21 funds appropriated in this Act for hospital services shall 22 not be used for activities which would be excluded from a 23 determination of reasonable costs under the federal Medicare 24 program pursuant to 42 U.S.C. §1395x(v)(1)(N). 25 d. For the fiscal year beginning July 1, 2016, reimbursement 26 rates for rural health clinics, hospices, and acute mental 27 hospitals shall be increased in accordance with increases under 28 the federal Medicare program or as supported by their Medicare 29 audited costs. 30 e. For the fiscal year beginning July 1, 2016, independent 31 laboratories and rehabilitation agencies shall be reimbursed 32 using the same methodology in effect on June 30, 2016. 33 f. (1) For the fiscal year beginning July 1, 2016, 34 reimbursement rates for home health agencies shall continue to 35 -182- LSB 2653SV (2) 86 pf/rj 182/ 207
S.F. 505 be based on the Medicare low utilization payment adjustment 1 (LUPA) methodology with state geographic wage adjustments, and 2 updated to reflect the most recent Medicare LUPA rates. 3 (2) For the fiscal year beginning July 1, 2016, rates for 4 private duty nursing and personal care services under the early 5 and periodic screening, diagnostic, and treatment program 6 benefit shall be calculated based on the methodology in effect 7 on June 30, 2016. 8 g. For the fiscal year beginning July 1, 2016, federally 9 qualified health centers shall receive cost-based reimbursement 10 for 100 percent of the reasonable costs for the provision of 11 services to recipients of medical assistance. 12 h. For the fiscal year beginning July 1, 2016, the 13 reimbursement rates for dental services shall remain at the 14 rates in effect on June 30, 2016. 15 i. (1) For the fiscal year beginning July 1, 2016, 16 state-owned psychiatric medical institutions for children shall 17 receive cost-based reimbursement for 100 percent of the actual 18 and allowable costs for the provision of services to recipients 19 of medical assistance. 20 (2) For the nonstate-owned psychiatric medical institutions 21 for children, reimbursement rates shall be based on the 22 reimbursement methodology developed by the department as 23 required for federal compliance. 24 (3) As a condition of participation in the medical 25 assistance program, enrolled providers shall accept the medical 26 assistance reimbursement rate for any covered goods or services 27 provided to recipients of medical assistance who are children 28 under the custody of a psychiatric medical institution for 29 children. 30 j. For the fiscal year beginning July 1, 2016, unless 31 otherwise specified in this Act, all noninstitutional medical 32 assistance provider reimbursement rates shall remain at the 33 rates in effect on June 30, 2016, except for area education 34 agencies, local education agencies, infant and toddler 35 -183- LSB 2653SV (2) 86 pf/rj 183/ 207
S.F. 505 services providers, home and community-based services providers 1 including consumer-directed attendant care providers under a 2 section 1915(c) or 1915(i) waiver, targeted case management 3 providers, and those providers whose rates are required to be 4 determined pursuant to section 249A.20 . 5 k. Notwithstanding any provision to the contrary, for the 6 fiscal year beginning July 1, 2016, the reimbursement rate for 7 anesthesiologists shall remain at the rate in effect on June 8 30, 2016. 9 l. Notwithstanding section 249A.20, for the fiscal year 10 beginning July 1, 2016, the average reimbursement rate for 11 health care providers eligible for use of the federal Medicare 12 resource-based relative value scale reimbursement methodology 13 under section 249A.20 shall remain at the rate in effect on 14 June 30, 2016; however, this rate shall not exceed the maximum 15 level authorized by the federal government. 16 m. For the fiscal year beginning July 1, 2016, the 17 reimbursement rate for residential care facilities shall not 18 be less than the minimum payment level as established by the 19 federal government to meet the federally mandated maintenance 20 of effort requirement. The flat reimbursement rate for 21 facilities electing not to file annual cost reports shall not 22 be less than the minimum payment level as established by the 23 federal government to meet the federally mandated maintenance 24 of effort requirement. 25 n. For the fiscal year beginning July 1, 2016, the 26 reimbursement rates for inpatient mental health services 27 provided at hospitals shall remain at the rates in effect on 28 June 30, 2016, subject to Medicaid program upper payment limit 29 rules; and psychiatrists shall be reimbursed at the medical 30 assistance program fee-for-service rate in effect on June 30, 31 2016. 32 o. For the fiscal year beginning July 1, 2016, community 33 mental health centers may choose to be reimbursed for the 34 services provided to recipients of medical assistance through 35 -184- LSB 2653SV (2) 86 pf/rj 184/ 207
S.F. 505 either of the following options: 1 (1) For 100 percent of the reasonable costs of the services. 2 (2) In accordance with the alternative reimbursement rate 3 methodology established by the medical assistance program’s 4 managed care contractor for mental health services and approved 5 by the department of human services. 6 p. For the fiscal year beginning July 1, 2016, the 7 reimbursement rate for providers of family planning services 8 that are eligible to receive a 90 percent federal match shall 9 remain at the rates in effect on June 30, 2016. 10 q. For the fiscal year beginning July 1, 2016, the upper 11 limits on reimbursement rates for providers of home and 12 community-based services waiver services shall remain at the 13 limits in effect on June 30, 2016. 14 r. For the fiscal year beginning July 1, 2016, the 15 reimbursement rates for emergency medical service providers 16 shall remain at the rates in effect on June 30, 2016. 17 s. For the fiscal year beginning July 1, 2016, reimbursement 18 rates for substance-related disorder treatment programs 19 licensed under section 125.13 shall remain at the rates in 20 effect on June 30, 2016. 21 2. For the fiscal year beginning July 1, 2016, the 22 reimbursement rate for providers reimbursed under the 23 in-home-related care program shall not be less than the minimum 24 payment level as established by the federal government to meet 25 the federally mandated maintenance of effort requirement. 26 3. Unless otherwise directed in this section, when the 27 department’s reimbursement methodology for any provider 28 reimbursed in accordance with this section includes an 29 inflation factor, this factor shall not exceed the amount 30 by which the consumer price index for all urban consumers 31 increased during the calendar year ending December 31, 2002. 32 4. For the fiscal year beginning July 1, 2016, the foster 33 family basic daily maintenance rate and the maximum adoption 34 subsidy rate for children ages 0 through 5 years shall be 35 -185- LSB 2653SV (2) 86 pf/rj 185/ 207
S.F. 505 $16.78, the rate for children ages 6 through 11 years shall be 1 $17.45, the rate for children ages 12 through 15 years shall 2 be $19.10, and the rate for children and young adults ages 16 3 and older shall be $19.35. For youth ages 18 to 21 who have 4 exited foster care, the preparation for adult living program 5 maintenance rate shall be $602.70 per month. The maximum 6 payment for adoption subsidy nonrecurring expenses shall be 7 limited to $500 and the disallowance of additional amounts 8 for court costs and other related legal expenses implemented 9 pursuant to 2010 Iowa Acts, chapter 1031, section 408, shall 10 be continued. 11 5. For the fiscal year beginning July 1, 2016, the maximum 12 reimbursement rates for social services providers under 13 contract shall remain at the rates in effect on June 30, 2016, 14 or the provider’s actual and allowable cost plus inflation for 15 each service, whichever is less. However, if a new service 16 or service provider is added after June 30, 2016, the initial 17 reimbursement rate for the service or provider shall be based 18 upon a weighted average of provider rates for similar services. 19 6. For the fiscal year beginning July 1, 2016, the 20 reimbursement rates for resource family recruitment and 21 retention contractors, child welfare emergency services 22 contractors, and supervised apartment living foster care 23 providers shall remain at the rates in effect on June 30, 2016. 24 7. For the fiscal year beginning July 1, 2016, the 25 reimbursement rate for safety plan services and family safety, 26 risk, and permanency services (family-centered) shall be as 27 follows: 28 a. The statewide base monthly payment amount for all 29 family safety, risk, and permanency services (family-centered) 30 contractors shall be the rate in effect on June 30, 2016. 31 (1) Family safety, risk, and permanency services 32 Performance Measure 1 payments shall be the rate in effect on 33 June 30, 2016. 34 (2) Family safety, risk, and permanency services 35 -186- LSB 2653SV (2) 86 pf/rj 186/ 207
S.F. 505 Performance Measure 2 payments shall be the rate in effect on 1 June 30, 2016. 2 (3) Family safety, risk, and permanency services 3 Performance Measure 3 payments shall be the rate in effect on 4 June 30, 2016. 5 (4) Family safety, risk, and permanency services 6 Performance Measure 4 payments shall be the rate in effect on 7 June 30, 2016. 8 b. The maximum reimbursement unit rate for safety plan 9 services shall be the rate in effect on June 30, 2016. 10 (1) Safety plan services Performance Measure 1 payments 11 shall be the rate in effect on June 30, 2016. 12 (2) Safety plan services Performance Measure 2 payments 13 shall be the rate in effect on June 30, 2016. 14 8. a. For the purposes of this subsection, “combined 15 reimbursement rate” means the combined service and maintenance 16 reimbursement rate for a service level under the department’s 17 reimbursement methodology. Effective July 1, 2016, the 18 combined reimbursement rate for a group foster care service 19 level shall be the amount designated in this subsection. 20 However, if a group foster care provider’s reimbursement rate 21 for a service level as of June 30, 2016, is more than the rate 22 designated in this subsection, the provider’s reimbursement 23 shall remain at the higher rate. 24 b. Unless a group foster care provider is subject to the 25 exception provided in paragraph “a”, effective July 1, 2016, 26 the combined reimbursement rates for the service levels under 27 the department’s reimbursement methodology shall be as follows: 28 (1) For service level, community - D1, the daily rate shall 29 be at least $84.17. 30 (2) For service level, comprehensive - D2, the daily rate 31 shall be at least $119.09. 32 (3) For service level, enhanced - D3, the daily rate shall 33 be at least $131.09. 34 9. The group foster care reimbursement rates paid for 35 -187- LSB 2653SV (2) 86 pf/rj 187/ 207
S.F. 505 placement of children out of state shall be calculated 1 according to the same rate-setting principles as those used for 2 in-state providers, unless the director of human services or 3 the director’s designee determines that appropriate care cannot 4 be provided within the state. The payment of the daily rate 5 shall be based on the number of days in the calendar month in 6 which service is provided. 7 10. a. For the fiscal year beginning July 1, 2016, the 8 reimbursement rate paid for shelter care and the child welfare 9 emergency services implemented to provide or prevent the need 10 for shelter care shall be established by contract. 11 b. For the fiscal year beginning July 1, 2016, the combined 12 service and maintenance components of the reimbursement rate 13 paid for shelter care services shall be based on the financial 14 and statistical report submitted to the department. The 15 maximum reimbursement rate shall be $101.83 per day. The 16 department shall reimburse a shelter care provider at the 17 provider’s actual and allowable unit cost, plus inflation, not 18 to exceed the maximum reimbursement rate. 19 c. Notwithstanding section 232.141, subsection 8 , for the 20 fiscal year beginning July 1, 2016, the amount of the statewide 21 average of the actual and allowable rates for reimbursement of 22 juvenile shelter care homes that is utilized for the limitation 23 on recovery of unpaid costs shall remain at the amount in 24 effect for this purpose in the fiscal year beginning July 1, 25 2015. 26 11. For the fiscal year beginning July 1, 2016, the 27 department shall calculate reimbursement rates for intermediate 28 care facilities for persons with an intellectual disability 29 at the 80th percentile. Beginning July 1, 2016, the rate 30 calculation methodology shall utilize the consumer price index 31 inflation factor applicable to the fiscal year beginning July 32 1, 2016. 33 12. For the fiscal year beginning July 1, 2016, for child 34 care providers reimbursed under the state child care assistance 35 -188- LSB 2653SV (2) 86 pf/rj 188/ 207
S.F. 505 program, the department shall set provider reimbursement 1 rates based on the rate reimbursement survey completed in 2 December 2004. Effective July 1, 2016, the child care provider 3 reimbursement rates shall remain at the rates in effect on June 4 30, 2016. The department shall set rates in a manner so as 5 to provide incentives for a nonregistered provider to become 6 registered by applying the increase only to registered and 7 licensed providers. 8 13. For the fiscal year beginning July 1, 2016, if the 9 centers for Medicare and Medicaid services of the United 10 States department of health and human services approves the 11 waivers necessary to implement medical assistance program 12 managed care applicable to any providers or services subject to 13 reimbursement under this section, notwithstanding any provision 14 to the contrary under this section, affected providers or 15 services shall instead be reimbursed as follows: 16 a. For fee-for-service claims, reimbursement rates shall 17 be calculated based on the methodology otherwise specified in 18 this section for the fiscal year beginning July 1, 2016, for 19 the respective provider or service. 20 b. For claims subject to a managed care contract, 21 reimbursement shall be based on the actuarially sound 22 capitation rates established under the contract. However, 23 any reimbursement established under such contract shall not 24 be lower than the reimbursement otherwise specified in this 25 section for the fiscal year beginning July 1, 2016, for the 26 respective provider or service. 27 14. The department may adopt emergency rules to implement 28 this section. 29 Sec. 143. EMERGENCY RULES. 30 1. If specifically authorized by a provision of this 31 division of this Act, the department of human services or 32 the mental health and disability services commission may 33 adopt administrative rules under section 17A.4, subsection 34 3, and section 17A.5, subsection 2, paragraph “b”, to 35 -189- LSB 2653SV (2) 86 pf/rj 189/ 207
S.F. 505 implement the provisions of this division of this Act and 1 the rules shall become effective immediately upon filing or 2 on a later effective date specified in the rules, unless the 3 effective date of the rules is delayed or the applicability 4 of the rules is suspended by the administrative rules review 5 committee. Any rules adopted in accordance with this section 6 shall not take effect before the rules are reviewed by the 7 administrative rules review committee. The delay authority 8 provided to the administrative rules review committee under 9 section 17A.4, subsection 7, and section 17A.8, subsection 9, 10 shall be applicable to a delay imposed under this section, 11 notwithstanding a provision in those sections making them 12 inapplicable to section 17A.5, subsection 2, paragraph “b”. 13 Any rules adopted in accordance with the provisions of this 14 section shall also be published as a notice of intended action 15 as provided in section 17A.4. 16 2. If during a fiscal year, the department of human 17 services is adopting rules in accordance with this section 18 or as otherwise directed or authorized by state law, and the 19 rules will result in an expenditure increase beyond the amount 20 anticipated in the budget process or if the expenditure was 21 not addressed in the budget process for the fiscal year, the 22 department shall notify the persons designated by this division 23 of this Act for submission of reports, the chairpersons and 24 ranking members of the committees on appropriations, and 25 the department of management concerning the rules and the 26 expenditure increase. The notification shall be provided at 27 least 30 calendar days prior to the date notice of the rules 28 is submitted to the administrative rules coordinator and the 29 administrative code editor. 30 Sec. 144. REPORTS. Any reports or other information 31 required to be compiled and submitted under this Act during the 32 fiscal year beginning July 1, 2016, shall be submitted to the 33 chairpersons and ranking members of the joint appropriations 34 subcommittee on health and human services, the legislative 35 -190- LSB 2653SV (2) 86 pf/rj 190/ 207
S.F. 505 services agency, and the legislative caucus staffs on or 1 before the dates specified for submission of the reports or 2 information. 3 Sec. 145. EFFECTIVE UPON ENACTMENT. The following 4 provisions of this division of this Act, being deemed of 5 immediate importance, take effect upon enactment: 6 1. The provision relating to section 232.141 and directing 7 the state court administrator and the division administrator of 8 the department of human services division of child and family 9 services to make the determination, by June 15, 2016, of the 10 distribution of funds allocated for the payment of the expenses 11 of court-ordered services provided to juveniles which are a 12 charge upon the state. 13 DIVISION XXXVI 14 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2016-2017 15 Sec. 146. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 16 appropriated from the pharmaceutical settlement account created 17 in section 249A.33 to the department of human services for the 18 fiscal year beginning July 1, 2016, and ending June 30, 2017, 19 the following amount, or so much thereof as is necessary, to be 20 used for the purpose designated: 21 Notwithstanding any provision of law to the contrary, to 22 supplement the appropriations made in this Act for medical 23 contracts under the medical assistance program for the fiscal 24 year beginning July 1, 2016, and ending June 30, 2017: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 26 Sec. 147. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 27 HUMAN SERVICES. Notwithstanding any provision to the contrary 28 and subject to the availability of funds, there is appropriated 29 from the quality assurance trust fund created in section 30 249L.4 to the department of human services for the fiscal year 31 beginning July 1, 2016, and ending June 30, 2017, the following 32 amounts, or so much thereof as is necessary, for the purposes 33 designated: 34 To supplement the appropriation made in this Act from the 35 -191- LSB 2653SV (2) 86 pf/rj 191/ 207
S.F. 505 general fund of the state to the department of human services 1 for medical assistance for the same fiscal year: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,352,604 3 Sec. 148. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 4 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 5 the contrary and subject to the availability of funds, there is 6 appropriated from the hospital health care access trust fund 7 created in section 249M.4 to the department of human services 8 for the fiscal year beginning July 1, 2016, and ending June 9 30, 2017, the following amounts, or so much thereof as is 10 necessary, for the purposes designated: 11 To supplement the appropriation made in this Act from the 12 general fund of the state to the department of human services 13 for medical assistance for the same fiscal year: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,350,000 15 Sec. 149. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 16 FOR FY 2016-2017. Notwithstanding section 8.33 , if moneys 17 appropriated for purposes of the medical assistance program for 18 the fiscal year beginning July 1, 2016, and ending June 30, 19 2017, from the general fund of the state, the quality assurance 20 trust fund and the hospital health care access trust fund, are 21 in excess of actual expenditures for the medical assistance 22 program and remain unencumbered or unobligated at the close 23 of the fiscal year, the excess moneys shall not revert but 24 shall remain available for expenditure for the purposes of the 25 medical assistance program until the close of the succeeding 26 fiscal year. 27 DIVISION XXXVII 28 PROPERTY TAX RELIEF FUND —— BLOCK GRANT MONEYS —— MENTAL HEALTH 29 INSTITUTES 30 Sec. 150. MENTAL HEALTH INSTITUTES. The moneys transferred 31 to the property tax relief fund for the fiscal year beginning 32 July 1, 2016, from the federal social services block grant 33 pursuant to 2015 Iowa Acts, House File 630, if enacted, and 34 from the federal temporary assistance for needy families block 35 -192- LSB 2653SV (2) 86 pf/rj 192/ 207
S.F. 505 grant, totaling at least $11,774,275, are appropriated to the 1 department of human services for the fiscal year beginning July 2 1, 2016, and ending June 30, 2017, to be used for the purposes 3 designated: 4 1. For the state mental health institute at Clarinda for 5 salaries, support, maintenance, and miscellaneous purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,418,254 7 2. For the state mental health institute at Mount Pleasant 8 for salaries, support, maintenance, and miscellaneous purposes, 9 and for not more than the following full-time equivalent 10 positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,468,884 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.68 13 DIVISION XXXVIII 14 PERSONNEL SETTLEMENT AGREEMENT PAYMENTS 15 Sec. 151. PERSONNEL SETTLEMENT AGREEMENT PAYMENTS. As a 16 condition of the appropriations in this 2016 Act, the moneys 17 appropriated and any other moneys available shall not be used 18 for payment of a personnel settlement agreement that contains a 19 confidentiality provision intended to prevent public disclosure 20 of the agreement or any terms of the agreement. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to appropriations for health and human 25 services made in fiscal years 2015-2016 and 2016-2017 to the 26 department of veterans affairs, Iowa veterans home, department 27 on aging (IDA), office of long-term care ombudsman, department 28 of public health (DPH), Iowa finance authority, department of 29 human rights, and department of human services (DHS). 30 The bill is organized into divisions. 31 DEPARTMENT ON AGING. These divisions make appropriations 32 from the general fund of the state for the department on aging 33 for FY 2015-2016 and FY 2016-2017. 34 OFFICE OF LONG-TERM CARE OMBUDSMAN. These divisions make 35 -193- LSB 2653SV (2) 86 pf/rj 193/ 207
S.F. 505 appropriations from the general fund of the state for the 1 office of long-term care ombudsman for FY 2015-2016 and FY 2 2016-2017. 3 DEPARTMENT OF PUBLIC HEALTH. These divisions make 4 appropriations from the general fund of the state for the 5 department of public health for FY 2015-2016 and FY 2016-2017. 6 DEPARTMENT OF VETERANS AFFAIRS AND IOWA VETERANS HOME. 7 These divisions make appropriations from the general fund 8 of the state for the department of veterans affairs for 9 FY 2015-2016 and FY 2016-2017 for administration, the Iowa 10 veterans home, for transfer to the Iowa finance authority for 11 the home ownership assistance program, and for the county 12 commissions of veterans affairs. 13 DEPARTMENT OF HUMAN SERVICES. These divisions make 14 appropriations from the general fund of the state and the 15 federal temporary assistance for needy families block grant to 16 DHS for FY 2015-2016 and FY 2016-2017. The allocation for the 17 family development and self-sufficiency grant program is made 18 directly to the department of human rights. The reimbursement 19 section addresses reimbursement for providers reimbursed by the 20 department of human services. The bill provides for separate 21 appropriations for medical assistance program costs and other 22 departmental expenditures associated with the redesign of 23 mental health and disability services and for Iowa health and 24 wellness plan expenditures. 25 HEALTH CARE ACCOUNTS AND FUND. These divisions make 26 certain health-related appropriations for FY 2015-2016 and 27 FY 2016-2017. A number of the appropriations are made for 28 purposes of the medical assistance (Medicaid) program in 29 addition to the general fund appropriations made for this 30 purpose for the same fiscal year. 31 MEDICAL ASSISTANCE PROGRAM NONREVERSION. These divisions 32 provide that if the total amounts appropriated from all sources 33 for the Medicaid program for FY 2015-2016 or FY 2016-2017 34 exceed the amount needed, the excess remains available to be 35 -194- LSB 2653SV (2) 86 pf/rj 194/ 207
S.F. 505 used for the program in the succeeding fiscal year. 1 MEDICAL HOME SYSTEM ADVISORY COUNCIL. This division amends 2 the Code to rename the medical home system advisory council the 3 patient-centered health advisory council. 4 PRIOR YEAR APPROPRIATIONS AND OTHER PRIOR PROVISIONS. This 5 division includes amendments to appropriations and other 6 provisions made in prior years. The division is effective upon 7 enactment and is retroactively applicable to July 1, 2014, and 8 includes: 9 DECATEGORIZATION CARRYOVER FUNDING. This division directs 10 that moneys remaining in the funding pool that are unencumbered 11 or unobligated at the close of FY 2012-2013 and were deemed 12 carryover funds do not revert to the general fund of the state 13 but are transferred to the Medicaid program for FY 2014-2015. 14 ADJUSTMENT OF AMOUNTS OF PRIOR APPROPRIATIONS AND 15 ALLOCATIONS. The division adjusts amounts appropriated 16 and allocated for FY 2014-2015 for community mental health 17 services, the temporary assistance for needy families program, 18 the child support recovery unit, Medicaid, medical contracts, 19 state supplementary assistance, the children’s health insurance 20 program/healthy and well kids in Iowa program, child care 21 assistance, juvenile child in need of assistance placements, 22 child and family services, adoption subsidy, family support 23 subsidy, field operations, general administration, the 24 pharmaceutical settlement account, and the quality assurance 25 trust fund. 26 MENTAL HEALTH AND DISABILITY SERVICES REGIONAL FUNDING 27 APPROPRIATION. This division provides that for FFY 2014-2015, 28 FFY 2015-2016, and FFY 2016-2017, from the federal social 29 services block grant, if allocated, moneys in an amount 30 totaling at least $11,774,275 annually, are appropriated to DHS 31 for each of the state fiscal years beginning July 1, 2015, and 32 July 1, 2016, to be distributed to mental health and disability 33 service regions through the property tax relief fund for mental 34 health and disability services in accordance with Code section 35 -195- LSB 2653SV (2) 86 pf/rj 195/ 207
S.F. 505 426B.3. 1 QUALITY ASSURANCE ASSESSMENT. This division establishes 2 the aggregate quality assurance assessments imposed on nursing 3 facilities at 3 percent of the aggregate non-Medicare revenues 4 of a nursing facility. Current law provides for a range in 5 establishing the amount. 6 HEALTH OVERSIGHT. This division establishes a committee 7 comprised of legislators to provide oversight for health 8 policy in the state. The division also specifies limitations 9 on the use of capitated payments to Medicaid managed care 10 organizations. The division provides for an interagency study 11 to develop a proposal for a health consumer ombudsman alliance, 12 for third-party assessment of consumer service plans, and for 13 assistance and advocacy relating to long-term services and 14 supports. 15 AUTISM. This division amends provisions of the autism 16 support program (Code chapter 225D). The division amends 17 the definition of “autism service provider” to include a 18 board-certified assistant behavior analyst who performs duties 19 under the supervision of a board-certified behavior analyst 20 and eliminates the inclusion of a health professional licensed 21 under Code chapter 147 from the definition. The division also 22 increases the age limit for an eligible child from 9 to 15 23 years, and provides that proof of eligibility for the program 24 includes a written denial or a coverage of benefits summary 25 that indicates that applied behavioral analysis treatment is 26 not covered under the individual’s coverage. 27 OFFICE OF SUBSTITUTE DECISION MAKER. This division extends 28 from July 1, 2015, to July 1, 2017, the date by which local 29 offices of the office of substitute decision maker are to be 30 established statewide. 31 DEMENTIA WORKFORCE. This division provides for the 32 establishment of an interagency dementia-proficient workforce 33 task force to review recommendations for a standard curriculum 34 model for dementia education, identify staff who should 35 -196- LSB 2653SV (2) 86 pf/rj 196/ 207
S.F. 505 have some level of dementia proficiency, and develop an 1 implementation plan to transition toward competency-based 2 dementia curricula and training to achieve dementia proficiency 3 across the care continuum. The task force is directed to 4 submit its recommendations to the governor and the general 5 assembly by December 15, 2015. 6 PHARMACEUTICAL COLLECTION AND DISPOSAL PROGRAM. This 7 division increases the codified limitation on the portion 8 of certain fees collected by the board of pharmacy that may 9 be used for administering the pharmaceutical collection and 10 disposal program from $125,000 to $175,000. 11 MEDICAID STATE PLAN —— FAMILY PLANNING. This division 12 directs the department of human services to amend the Medicaid 13 state plan to include the eligibility provisions of the Iowa 14 family planning network section 1115 demonstration waiver in 15 effect on January 1, 2015. The state plan amendment would be 16 effective no later than January 1, 2016. DHS is to implement 17 the state plan amendment upon receipt of federal approval. 18 This division takes effect upon enactment. 19 IOWA ABLE SAVINGS PLAN TRUST. This division creates an 20 Iowa ABLE (Achieving A Better Life Experience) savings plan 21 trust and provides for various Iowa individual income tax and 22 inheritance tax benefits. 23 BACKGROUND. On December 19, 2014, the federal Achieving 24 A Better Life Experience Act of 2014 (ABLE Act) was enacted 25 as part of the federal Tax Increase Prevention Act of 2014 26 (Pub. L. No. 113-295). The ABLE Act allows states to create 27 programs to assist individuals in saving private funds for 28 the purpose of supporting individuals with disabilities. 29 Qualifying state programs will allow for the establishment 30 of accounts into which eligible disabled individuals or 31 others may make contributions for the payment of future 32 disability-related expenses of the eligible disabled 33 individual. Funds and earnings in accounts established 34 under qualifying state programs are afforded federal benefits 35 -197- LSB 2653SV (2) 86 pf/rj 197/ 207
S.F. 505 in certain circumstances, including federal tax exemption, 1 bankruptcy protection, and exclusion from consideration under 2 certain means-tested programs, such as Medicaid or supplemental 3 security income. 4 IOWA ABLE SAVINGS PLAN TRUST. The division creates the Iowa 5 ABLE savings plan trust (trust) under the treasurer of state 6 (state treasurer) that will meet the requirements of §529A of 7 the Internal Revenue Code (federal ABLE program). The state 8 treasurer is the trustee of the trust and has numerous powers, 9 as specified in the division, for the purpose of carrying out 10 the purpose of the trust. 11 The trust is authorized to enter into participation 12 agreements beginning July 1, 2016, with individuals for the 13 payment of future qualified disability expenses, and to enter 14 into contracts with other states (contracting state) to allow 15 these states’ residents access to the Iowa ABLE program. 16 “Qualified disability expenses” means the same as defined 17 under the federal ABLE program, which generally defines the 18 term to include expenses related to a designated beneficiary’s 19 education, housing, transportation, employment training and 20 support, assistive technology and personal support services, 21 health, prevention and wellness, financial management and 22 administrative services, legal fees, expenses for oversight and 23 monitoring, funeral and burial expenses, and other expenses 24 approved by the secretary of the United States treasury 25 (secretary). 26 Unless otherwise allowed under the federal ABLE program, 27 the person with whom the state treasurer enters into a 28 participation agreement must be both the account owner and 29 designated beneficiary. However, the division allows a trustee 30 or legal guardian to be designated as custodian of an account 31 for a designated beneficiary who is a minor or who lacks 32 capacity to enter into a participation agreement, provided 33 such designation would be allowed under the federal ABLE 34 program. “Designated beneficiary” is defined in the division 35 -198- LSB 2653SV (2) 86 pf/rj 198/ 207
S.F. 505 as a person who is a resident of Iowa or a contracting state 1 and who qualifies as an eligible individual under the federal 2 ABLE program, which includes individuals who are entitled 3 to benefits based on blindness or disability under Title II 4 (disability insurance) or Title XVI (supplemental security 5 income) of the federal Social Security Act if such blindness 6 or disability occurred before attaining 26 years of age, and 7 if such individual files a disability certification with the 8 secretary. 9 The division requires the state treasurer to maintain a 10 separate account in the trust for each designated beneficiary 11 of a participation agreement. Unless otherwise allowed under 12 the federal ABLE program, only one participation agreement 13 shall be allowed per designated beneficiary. Any person is 14 allowed to make contributions in the form of cash to an account 15 on behalf of a designated beneficiary. The trust is required 16 to maintain limits on the annual contributions to an account, 17 and the aggregate balance in an account, matching those set 18 forth in the federal ABLE program, which prohibits annual 19 contributions to an account from exceeding the annual gift tax 20 exclusion amount ($14,000 for 2015), and prohibits an aggregate 21 account balance from exceeding the limit set by a state under 22 its qualified tuition program (currently $320,000 for Iowa). 23 The division also permits the treasurer of state to defer 24 implementation of the Iowa ABLE program and alternatively enter 25 into an agreement with another state’s qualified ABLE program 26 to provide Iowa residents access to that state’s program, if 27 certain requirements specified in the division are satisfied. 28 The division provides other various terms and conditions for 29 participation agreements, use and segregation of trust funds, 30 cancellation of agreements and refund of account balances, and 31 ownership rights in the trust. The division provides that 32 an account may be claimed by the Iowa Medicaid program upon 33 the death of the designated beneficiary, in accordance with 34 the federal ABLE program. The division requires the state 35 -199- LSB 2653SV (2) 86 pf/rj 199/ 207
S.F. 505 treasurer to prepare and submit audited financial reports to 1 the governor and general assembly, and further requires the 2 state treasurer to comply with any reporting requirements of 3 the federal ABLE program. 4 IOWA TAX BENEFITS. The division provides several tax 5 benefits under the trust. First, the value of any interest 6 in the trust or other contracted state’s qualified ABLE 7 program of a decedent who was an Iowa resident dying on or 8 after January 1, 2016, is excluded from the Iowa inheritance 9 tax. Second, contributions to the trust or other contracted 10 state’s qualified ABLE program made on or after January 1, 11 2016, on behalf of a designated beneficiary who is an Iowa 12 resident are deductible from the Iowa individual income tax 13 up to the maximum amount allowed per beneficiary per year for 14 purposes of the Iowa educational savings plan trust in Code 15 chapter 12D. For 2015, that amount is set at $3,163. Any 16 amounts refunded to a taxpayer from the cancellation of a 17 participation agreement or that are withdrawn for purposes 18 other than the payment of qualified disability expenses of the 19 designated beneficiary must be included in Iowa net income to 20 the extent they were previously deducted by the taxpayer or any 21 other person as a contribution. Third, income and earnings 22 from the trust or received by resident account owners from a 23 contracted state’s qualified ABLE program are exempt from the 24 Iowa individual income tax. The individual income tax benefits 25 apply to tax years beginning on or after January 1, 2016. 26 CONTINGENT IMPLEMENTATION. The implementation of the 27 division is subject to an appropriation with the purpose of the 28 trust stated. 29 CHILD CARE ASSISTANCE. The division requires the department 30 of human services to amend its administrative rules relating to 31 income eligibility for state child care assistance, according 32 to family size for children needing basic care, to families 33 whose nonexempt gross monthly income does not exceed 160 34 percent of the federal poverty level. The division makes a 35 -200- LSB 2653SV (2) 86 pf/rj 200/ 207
S.F. 505 conforming Code change to Code section 237A.13 relating to 1 waiting lists for state child care assistance. 2 COUNTY MENTAL HEALTH AND DISABILITIES SERVICES FUNDING 3 —— EQUALIZATION AND MEDICAID OFFSET. The mental health and 4 disability services (MH/DS) levy limitations and equalization 5 payment provisions based on general population funding of 6 $47.28 per capita are currently in effect through FY 2015-2016. 7 This division amends Code sections 331.424A, relating to 8 the MH/DS levy, and 426B.3, relating to per capita funding, 9 equalization, and Medicaid offset, to extend these provisions 10 by one year to FY 2016-2017. The division eliminates the 11 county repayment of Medicaid offset amounts in Code section 12 426B.3, subsection 5, to the state effective July 1, 2015. 13 MEDICAID OFFSET PAYMENTS —— PROPERTY TAX RELIEF FUND 14 APPROPRIATIONS. This division makes appropriations from the 15 moneys credited to the property tax relief fund in the form 16 of county Medicaid offset payments for the FY 2015-2016. The 17 moneys are appropriated to DHS for reductions in the waiting 18 lists of all Medicaid home and community-based services 19 waivers; for a grant for a public awareness campaign regarding 20 the signs of Alzheimer’s disease and other related dementias 21 and the resources available to people living with Alzheimer’s 22 disease and other related dementias; for development of an 23 application for a planning grant through the substance abuse 24 and mental health services administration of the United States 25 department of health and human services to participate in 26 a two-year pilot for certified community behavioral health 27 clinics. The division provides that moneys credited to 28 the property tax relief fund in the form of county Medicaid 29 offset payments for FY 2015-2016 shall be distributed to a 30 mental health and disability services region if 25 percent of 31 the region’s FY 2015-2016 projected expenditures exceed the 32 region’s FY 2015-2016 projected fund balance. 33 PROPERTY TAX RELIEF FUND —— BLOCK GRANT FUNDS —— MENTAL 34 HEALTH INSTITUTES APPROPRIATIONS. This division provides for 35 -201- LSB 2653SV (2) 86 pf/rj 201/ 207
S.F. 505 the appropriation of moneys transferred to the property tax 1 relief fund from the federal social services block grant for 2 FY 2015-2016 to the mental health institutes at Mount Pleasant 3 and Clarinda. 4 CHILD WELFARE ADVISORY COMMITTEE. This division requires 5 the child welfare advisory committee of the council on human 6 services to study procedures in the department of human 7 services for receiving complaints from families involved 8 in guardianship, placement, and custody proceedings, the 9 specificity and clarity of court orders issued in foster care 10 placement cases, caseload trends of social workers including 11 an analysis of how Iowa compares nationally and with best 12 practices as defined by national associations, and immunity 13 provisions for social workers employed by the department of 14 human services and basic qualifications of social workers 15 employed by the department of human services. The committee is 16 required to submit a report with findings and recommendations 17 to the governor and general assembly on or before December 15, 18 2015. 19 COVERAGE OF SERVICES PROVIDED BY A PHYSICAL THERAPIST, 20 OCCUPATIONAL THERAPIST, OR SPEECH PATHOLOGIST. This division 21 provides that a policy, contract, or plan providing for 22 third-party payment or prepayment of health or medical 23 expenses shall not impose a copayment or coinsurance amount 24 on an insured for services provided by a physical therapist, 25 occupational therapist, or speech pathologist that is greater 26 than the copayment or coinsurance amount imposed on the insured 27 for services rendered by a person engaged in the practice of 28 medicine and surgery or osteopathic medicine and surgery for 29 the same or a similar diagnosed condition even if a different 30 nomenclature is used to describe the condition for which the 31 services are provided. 32 The division applies to specified individual and group 33 policies, contracts, and plans that are issued for delivery, 34 continued, or renewed in this state on or after July 1, 2015. 35 -202- LSB 2653SV (2) 86 pf/rj 202/ 207
S.F. 505 CHILDREN’S MENTAL HEALTH AND WELL-BEING WORKGROUP. This 1 division directs the department of human services, in 2 cooperation with the departments of education and public 3 health, to facilitate a workgroup of stakeholders to study 4 and make recommendations relating to children’s mental health 5 and well-being in the state. The division specifies the 6 issues that may be considered by the workgroup, including a 7 strategic plan for data systems; a comprehensive system of 8 care for children that incorporates a coordinated response to 9 mental health issues across many disciplines, and specifically 10 addresses the effects of adverse childhood experiences 11 and extreme child poverty and homelessness; and increasing 12 awareness of and creating strategies to address child mental 13 health and well-being. The workgroup is directed to review 14 the 2014 report of the children’s defense fund on the state 15 of America’s children and the most complex issues affecting 16 children’s health and well-being and to develop and recommend 17 proactive strategies to address the information presented. The 18 workgroup is directed to submit a report to the governor and 19 the general assembly by December 15, 2015. 20 PREVENTION OF DISABILITIES POLICY COUNCIL. This division 21 relates to the prevention of disabilities policy council. 22 In 1991, the general assembly established the prevention 23 of disabilities council (council) in Code chapter 225B. The 24 council was created to establish a system to coordinate 25 prevention of disability activities among state departments and 26 to assist the governor and the general assembly in determining 27 priorities and establishing policies for the prevention of 28 disabilities. 29 The division amends provisions in Code chapter 225B relating 30 to prevention activities of the council, council membership, 31 duties, and coordination efforts with state agencies and 32 disability groups, and related definitions. 33 The division defines prevention activities of the council 34 to include policies, programs, and practices that prevent a 35 -203- LSB 2653SV (2) 86 pf/rj 203/ 207
S.F. 505 disability or a condition that leads to a disability from 1 occurring; that identify a disability or a condition that leads 2 to a disability early on so that the intervention can eliminate 3 the risk of a disability or minimize the disability’s effect; 4 or that reduce the effects of a disability on an individual’s 5 health and independence. The division amends the definition of 6 a disability to be the same as the federal definition under the 7 federal Americans with Disabilities Act (42 U.S.C. §12102). 8 The division provides that the council replaces the current 9 Iowa developmental disabilities council, to be abolished by 10 law July 1, 2015, in providing recommendations for individual 11 appointments of voting members to the council and council 12 membership is expanded to include ex officio representatives 13 from the department on aging, and the departments of education, 14 public health, and human services. 15 The duties of the council are expanded to include reviewing 16 the prevention of disabilities activities of public and 17 private entities and providing recommendations to optimize 18 the planning, implementation, and evaluation of prevention of 19 disabilities efforts; promoting cooperative and complementary 20 planning among the public, nonpublic, and volunteer sectors 21 involved in prevention of disabilities activities; facilitating 22 coordination of prevention of disabilities activities 23 among state departments to develop an integrated system of 24 care; providing support and technical assistance to public 25 or nonpublic entities to identify, seek, implement, and 26 evaluate state, federal, and private grants for prevention 27 of disabilities activities; encouraging research into the 28 causes and prevention of disabilities, including methods to 29 evaluate the effectiveness of prevention efforts; and promoting 30 professional and provider training in evidence-based prevention 31 of disabilities measures and assure adequate dissemination of 32 such to appropriate entities. 33 The division provides that the directors or deputy directors 34 of the state department on aging, and the departments of 35 -204- LSB 2653SV (2) 86 pf/rj 204/ 207
S.F. 505 education, human services, and public health shall meet at 1 least annually with the council to provide updates to the 2 council regarding the status of prevention of disabilities 3 policies and receive new policy and program recommendations 4 from the council regarding the prevention of disabilities. 5 Chairpersons and staff of public and private state disability 6 groups are encouraged to meet with the council annually 7 to identify ways to incorporate prevention of disabilities 8 activities within Iowa’s disabilities services system and 9 to assist in developing a policy agenda for prevention of 10 disabilities system improvements. 11 The division directs the department of human services to 12 adopt rules to implement the division, subject to council 13 approval. 14 FACILITY FOR PERSONS WITH AGGRESSIVE OR PSYCHIATRIC 15 BEHAVIORS —— INTERIM COMMITTEE —— REPORT. This division 16 relates to the housing of persons who are sexually aggressive 17 or combative or who have unmet geropsychiatric needs. The 18 division requests the legislative council to establish 19 an interim legislative study committee relating to the 20 establishment of one or more facilities to provide care and 21 treatment for persons who are sexually aggressive, combative, 22 or who have unmet geropsychiatric needs. The study committee 23 shall receive testimony from certain stakeholders with 24 interests or expertise in the resident population identified 25 for care and treatment, and shall specifically address and 26 make recommendations relating to the characteristics of the 27 residents for such a facility and the size of the resident 28 population to be served; options for creating a new facility 29 or expanding an existing facility; workforce recruitment, 30 training, and compensation issues; Medicaid reimbursement 31 qualifications; and any other information deemed appropriate 32 by the committee. 33 The committee must provide a report of findings and 34 recommendations to the governor and general assembly by January 35 -205- LSB 2653SV (2) 86 pf/rj 205/ 207
S.F. 505 1, 2016. 1 ANATOMICAL GIFT PUBLIC AWARENESS AND TRANSPLANTATION FUND. 2 This division provides that instead of a limitation of not 3 more than 50 percent, any unobligated moneys in the anatomical 4 gift public awareness and transplantation fund, annually, may 5 be expended in the form of grants to transplant recipients, 6 transplant candidates, or living organ donors, or to legal 7 representatives on behalf of transplant recipients, transplant 8 candidates, or living organ donors. Such grants are based on 9 grant applications submitted with supporting documentation 10 provided by a hospital that performs transplants, verifying 11 that the person by or for whom the application is submitted 12 requires a transplant or is a living organ donor and specifying 13 the amount of the costs associated with the costs of the organ 14 transplantation procedure, the costs of post-transplantation 15 drug or other therapy, and other transplantation costs 16 including but not limited to food, lodging, and transportation, 17 if funds are not available from any other third-party payor. 18 Under current law, not more than 5 percent of the moneys in 19 the fund may be used by the Iowa department of public health 20 for administrative costs and of the remaining moneys in the 21 fund, not more than 20 percent annually may be expended in 22 the form of grants to state agencies or to nonprofit legal 23 entities with an interest in anatomical gift public awareness 24 and transplantation to conduct public awareness projects; and 25 not more than 30 percent annually may be expended in the form 26 of grants to hospitals for reimbursement for costs directly 27 related to the development of in-hospital anatomical gift 28 public awareness projects, anatomical gift referral protocols, 29 and associated administrative expenses. 30 HOSPITAL AND LONG-TERM CARE PHARMACY PRACTICE —— 31 PNEUMOCOCCAL VACCINES. This division directs the board of 32 pharmacy to adopt rules pursuant to chapter 17A relating to 33 hospital and long-term care pharmacy practice that allow, 34 as authorized by federal law, in addition to influenza and 35 -206- LSB 2653SV (2) 86 pf/rj 206/ 207
S.F. 505 pneumococcal polysaccharide vaccines, that a written or verbal 1 patient-specific medication administration order shall not 2 be required prior to administration to an adult patient of 3 pneumococcal conjugate vaccine pursuant to physician-approved 4 hospital or facility policy and after the patient has been 5 assessed for contraindications. 6 HEALTHY AND WELL KIDS IN IOWA PROGRAM —— CONTINUED 7 ENROLLMENT. This division provides that at the end of the 8 12-month eligibility period when a child’s family circumstances 9 are subject to review to determine continued eligibility, 10 pending such review, the child shall continue to be eligible 11 for and remain enrolled in the same plan if the family complies 12 with requirements to provide information and verification of 13 income, otherwise cooperates in the annual review process, 14 and submits the completed review form and any information 15 necessary to establish continued eligibility in a timely manner 16 in accordance with administrative rules. 17 PERSONNEL SETTLEMENT AGREEMENT PAYMENTS. This division 18 provides that as a condition of the appropriations in the 19 Act, the moneys appropriated and any other moneys available 20 shall not be used for payment of a personnel settlement 21 agreement that contains a confidentiality provision intended to 22 prevent public disclosure of the agreement or any terms of the 23 agreement. 24 MEDICAID REIMBURSEMENT —— PSYCHOLOGISTS. The division 25 provides that in addition to psychologists who are licensed 26 in the state where the services are provided and meet other 27 specifications, psychologists who are licensed under Code 28 chapter 154B (psychologists) are entitled to payment for 29 services provided to recipients of Medicaid, subject to 30 limitations and exclusions the department of human services 31 finds necessary based on federal law and funds available. 32 -207- LSB 2653SV (2) 86 pf/rj 207/ 207