House File 2577 HOUSE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 729) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to and making appropriations from the healthy 2 Iowans tobacco trust and the tobacco settlement trust fund and 3 providing an effective date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 7051HV 80 6 pf/pj/5 PAG LIN 1 1 Section 1. HEALTHY IOWANS TOBACCO TRUST == APPROPRIATIONS 1 2 TO DEPARTMENTS. There is appropriated from the healthy Iowans 1 3 tobacco trust created in section 12.65 to the following 1 4 departments for the fiscal year beginning July 1, 2004, and 1 5 ending June 30, 2005, the following amounts, or so much 1 6 thereof as is necessary, to be used for the purposes 1 7 designated: 1 8 1. To the department of human services: 1 9 a. Unless otherwise provided, to maintain the 1 10 reimbursement rate for all noninstitutional medical assistance 1 11 providers, with the exception of anesthesia and dental 1 12 services, at the rate provided under the federal Medicare 1 13 program for such providers during the fiscal year beginning 1 14 July 1, 2000, and ending June 30, 2001, as specified in 2000 1 15 Iowa Acts, chapter 1221, section 1, subsection 1, paragraph 1 16 "a", for the fiscal year July 1, 2004, through June 30, 2005, 1 17 and to continue the resource=based relative value system of 1 18 reimbursement under the medical assistance program: 1 19 .................................................. $ 8,095,718 1 20 b. To maintain the reimbursement rate at the usual and 1 21 customary rate as established in 2000 Iowa Acts, chapter 1221, 1 22 section 1, subsection 1, paragraph "b", for the fiscal year 1 23 July 1, 2004, through June 30, 2005, for dental services under 1 24 the medical assistance program: 1 25 .................................................. $ 3,814,973 1 26 c. To maintain the reimbursement rate as established in 1 27 2000 Iowa Acts, chapter 1221, section 1, subsection 1, 1 28 paragraph "e", for the fiscal year July 1, 2004, through June 1 29 30, 2005, for hospitals under the medical assistance program: 1 30 .................................................. $ 3,035,278 1 31 d. To maintain the reimbursement rate as established in 1 32 2000 Iowa Acts, chapter 1221, section 1, subsection 1, 1 33 paragraph "f", for the fiscal year July 1, 2004, through June 1 34 30, 2005, for home health care services under the medical 1 35 assistance program: 2 1 .................................................. $ 2,108,279 2 2 e. To maintain the reimbursement rate as established in 2 3 2000 Iowa Acts, chapter 1221, section 1, subsection 1, 2 4 paragraph "g", for the fiscal year July 1, 2004, through June 2 5 30, 2005, for critical access hospitals under the medical 2 6 assistance program: 2 7 .................................................. $ 250,000 2 8 f. To maintain the expansion of home health care services 2 9 and habilitative day care as established in 2000 Iowa Acts, 2 10 chapter 1221, section 1, subsection 1, paragraph "h", under 2 11 the medical assistance program for children with special 2 12 needs: 2 13 .................................................. $ 1,975,496 2 14 g. To maintain the expansion of respite care services 2 15 provided through home and community=based waivers as 2 16 established in 2000 Iowa Acts, chapter 1221, section 1, 2 17 subsection 1, paragraph "i", under the medical assistance 2 18 program: 2 19 .................................................. $ 1,137,309 2 20 h. To maintain the cost=of=living adjustment as 2 21 established in 2000 Iowa Acts, chapter 1221, section 1, 2 22 subsection 1, paragraph "c", for the fiscal year July 1, 2004, 2 23 through June 30, 2005, for rehabilitative treatment and 2 24 support services providers under child and family services: 2 25 .................................................. $ 3,243,026 2 26 i. To maintain the cost=of=living adjustment as 2 27 established in 2000 Iowa Acts, chapter 1221, section 1, 2 28 subsection 1, paragraph "d", for the fiscal year July 1, 2004, 2 29 through June 30, 2005, for adoption, independent living, 2 30 shelter care, and home studies services providers: 2 31 .................................................. $ 468,967 2 32 j. To maintain the reimbursement rate as established in 2 33 2000 Iowa Acts, chapter 1221, section 1, subsection 1, 2 34 paragraph "j", for the fiscal year July 1, 2004, through June 2 35 30, 2005, to service providers under the purview of the 3 1 department of human services: 3 2 .................................................. $ 545,630 3 3 2. To the department of human services to continue the 3 4 supplementation of the children's health insurance program 3 5 appropriation: 3 6 .................................................. $ 200,000 3 7 3. To the department of human services to provide coverage 3 8 under the medical assistance program to women who require 3 9 treatment for breast or cervical cancer as provided in section 3 10 249A.3, subsection 2, paragraph "b": 3 11 .................................................. $ 250,000 3 12 4. To the department of human services to continue the 3 13 supplementation of the medical assistance appropriation: 3 14 .................................................. $ 14,346,750 3 15 Of the amount appropriated in this subsection, $50,000 3 16 shall be used to continue the efforts of the Iowa chronic care 3 17 consortium pursuant to 2003 Iowa Acts, chapter 112, section 3 18 12, as amended by 2003 Iowa Acts, chapter 179, sections 166 3 19 and 167. 3 20 5. To the department of human services for general 3 21 administration of health=related programs: 3 22 .................................................. $ 274,000 3 23 6. To the Iowa department of public health: 3 24 a. For the tobacco use prevention and control initiative, 3 25 including efforts at the state and local levels, as provided 3 26 in chapter 142A and for not more than the following full=time 3 27 equivalent positions: 3 28 .................................................. $ 5,011,565 3 29 .............................................. FTEs 7.00 3 30 (1) The director of public health shall dedicate 3 31 sufficient resources to promote and ensure retailer compliance 3 32 with tobacco laws and ordinances relating to persons under 18 3 33 years of age, and shall prioritize the state's compliance in 3 34 the allocation of available funds to comply with 42 U.S.C. } 3 35 300x=26 and section 453A.2. 4 1 (2) Of the full=time equivalent positions funded under 4 2 this section, two full=time equivalent positions shall be 4 3 utilized to provide for enforcement of tobacco laws, 4 4 regulations, and ordinances under a chapter 28D agreement 4 5 entered into between the Iowa department of public health and 4 6 the alcoholic beverages division of the department of 4 7 commerce. 4 8 (3) Of the funds appropriated in this paragraph "a", not 4 9 more than $525,759 shall be expended on administration and 4 10 management of the program. 4 11 (4) Of the funds appropriated in this paragraph "a", not 4 12 less than 80 percent of the amount expended in the fiscal year 4 13 beginning July 1, 2001, for community partnerships shall be 4 14 expended in the fiscal year beginning July 1, 2004, for that 4 15 purpose. 4 16 b. For provision of smoking cessation and smoking-related 4 17 diseases products as provided in this paragraph: 4 18 .................................................. $ 75,000 4 19 The department shall award grants to free health clinics 4 20 that are tax=exempt organizations pursuant to 26 U.S.C. } 501 4 21 (c)(3) to fund the provision of smoking cessation and smoking= 4 22 related diseases products to patients. The department shall 4 23 adopt a methodology for the awarding of the grants to the 4 24 health clinics based upon the order of receipt of 4 25 applications. 4 26 c. For additional substance abuse treatment under the 4 27 substance abuse treatment program: 4 28 .................................................. $ 11,800,000 4 29 (1) The department shall use funds appropriated in this 4 30 paragraph "c" to enhance the quality of and to expand the 4 31 capacity to provide 24=hour substance abuse treatment 4 32 programs. 4 33 (2) The department shall use funds appropriated in this 4 34 paragraph "c" to expand the length of individual client 4 35 substance abuse treatment plans, as necessary to reduce 5 1 program recidivism. 5 2 (3) The department shall use funds appropriated in this 5 3 paragraph "c" to share research=based best practices for 5 4 treatment with substance abuse treatment facilities. 5 5 (4) The department shall use funds appropriated in this 5 6 paragraph "c" to develop a results=based funding approach for 5 7 substance abuse treatment services. 5 8 (5) The department shall use funds appropriated in this 5 9 paragraph "c" to develop a program to encourage individuals 5 10 who are successfully managing their substance abuse problems 5 11 to serve as role models. 5 12 (6) The department shall submit a report annually by March 5 13 1, to the governor and the general assembly delineating the 5 14 success rates of the substance abuse treatment programs that 5 15 receive funding under this paragraph "c". 5 16 d. For the healthy Iowans 2010 plan within the Iowa 5 17 department of public health and for not more than the 5 18 following full=time equivalent positions: 5 19 .................................................. $ 2,346,960 5 20 ............................................... FTEs 4.00 5 21 (1) Of the funds appropriated in this paragraph "d", not 5 22 more than $1,157,482 shall be used for core public health 5 23 functions, including home health care and public health 5 24 nursing services, contracted through a formula by local boards 5 25 of health, to enhance disease and injury prevention services. 5 26 (2) Of the funds appropriated in this paragraph "d", not 5 27 more than $387,320 shall be used for the continuation and 5 28 support of a coordinated system of delivery of trauma and 5 29 emergency medical services. 5 30 (3) Of the funds appropriated in this paragraph "d", not 5 31 more than $437,000 shall be used for the state poison control 5 32 center. 5 33 (4) Of the funds appropriated in this paragraph "d", not 5 34 more than $288,770 shall be used for the development of 5 35 scientific and medical expertise in environmental 6 1 epidemiology. 6 2 (5) Of the funds appropriated in this paragraph "d", not 6 3 more than $76,388 shall be used for the childhood lead 6 4 poisoning prevention program. 6 5 e. For the automated external defibrillator grant program 6 6 established by 2004 Iowa Acts, House File 2464, if enacted: 6 7 .................................................. $ 250,000 6 8 f. For the center for congenital and inherited disorders: 6 9 .................................................. $ 26,000 6 10 6. To the department of corrections: 6 11 .................................................. $ 980,000 6 12 a. Of the funds appropriated in this subsection, $127,217 6 13 is allocated to the second judicial district department of 6 14 correctional services to replace expired federal funding for 6 15 day programming. 6 16 b. Of the funds appropriated in this subsection, $35,359 6 17 is allocated to the third judicial district department of 6 18 correctional services to replace expired federal funding for 6 19 the drug court program. 6 20 c. Of the funds appropriated in this subsection, $191,731 6 21 is allocated to the fourth judicial district department of 6 22 correctional services for a drug court program. 6 23 d. Of the funds appropriated in this subsection, $255,693 6 24 is allocated to the fifth judicial district department of 6 25 correctional services to replace expired funding for the drug 6 26 court program. 6 27 e. Of the funds appropriated in this subsection, $370,000 6 28 is allocated to the Newton correctional facility for a value= 6 29 based treatment program. Of the funds allocated in this 6 30 paragraph, $60,000 shall be used to operate a similar value= 6 31 based treatment program at the Iowa correctional institution 6 32 for women at Mitchellville. Moneys allocated for the program 6 33 at Mitchellville that remain unencumbered or unobligated for 6 34 that purpose at the close of the fiscal year shall revert. 6 35 7. To the department for the blind: 7 1 .................................................. $ 130,000 7 2 To plan, establish, administer, and promote a statewide 7 3 program to provide audio news and information services to 7 4 blind or visually impaired persons residing in this state. 7 5 Sec. 2. PURCHASE OF SERVICE CONTRACT PROVIDERS == 7 6 REIMBURSEMENT INCREASE. There is appropriated from the 7 7 healthy Iowans tobacco trust created in section 12.65 to the 7 8 property tax relief fund created in section 426B.1 for the 7 9 fiscal year beginning July 1, 2004, and ending June 30, 2005, 7 10 the following amount, or so much thereof as is necessary, to 7 11 be used for the purposes designated: 7 12 For assistance to the counties with limited county mental 7 13 health, mental retardation, and developmental disabilities 7 14 services fund balances which were selected in accordance with 7 15 2000 Iowa Acts, chapter 1221, section 3, to receive such 7 16 assistance in the same amount provided during the fiscal year 7 17 beginning July 1, 2000, and ending June 30, 2001, to pay 7 18 reimbursement increases in accordance with 2000 Iowa Acts, 7 19 chapter 1221, section 3: 7 20 .................................................. $ 146,750 7 21 Sec. 3. IOWA EMPOWERMENT FUND. There is appropriated from 7 22 the healthy Iowans tobacco trust created in section 12.65, to 7 23 the Iowa empowerment fund created in section 28.9 for the 7 24 fiscal year beginning July 1, 2004, and ending June 30, 2005, 7 25 for deposit in the school ready children grants account and 7 26 for distribution as provided in this section: 7 27 .................................................. $ 2,153,250 7 28 Sec. 4. DEPARTMENT OF CORRECTIONS == SPECIAL NEEDS UNIT. 7 29 There is appropriated from the healthy Iowans tobacco trust 7 30 created in section 12.65, to the department of corrections for 7 31 the fiscal year beginning July 1, 2004, and ending June 30, 7 32 2005, the following amount, or so much thereof as is 7 33 necessary, to be used for the purpose designated: 7 34 For operating the special needs unit at the Fort Madison 7 35 correctional facility: 8 1 .................................................. $ 1,187,285 8 2 Sec. 5. ENDOWMENT FOR IOWA'S HEALTH ACCOUNT == TRANSFER. 8 3 In addition to the amount transferred pursuant to section 8 4 12E.12, subsection 1, paragraph "b", subparagraph (2), 8 5 subparagraph subdivision (b), $6,316,077 is transferred from 8 6 the endowment for Iowa's health account of the tobacco 8 7 settlement trust fund created in section 12E.12 to the healthy 8 8 Iowans tobacco trust created in section 12.65 for the fiscal 8 9 year beginning July 1, 2004, and ending June 30, 2005. 8 10 Sec. 6. Section 216B.3, Code Supplement 2003, is amended 8 11 by adding the following new subsection: 8 12 NEW SUBSECTION. 18. Plan, establish, administer, and 8 13 promote a statewide program to provide audio news and 8 14 information services to blind or visually impaired persons 8 15 residing in this state. 8 16 a. The commission may enter into necessary contracts and 8 17 arrangements with the national federation for the blind to 8 18 provide for the delivery of newspapers over the telephone, 8 19 furnished by the national federation for the blind. 8 20 b. The commission may enter into necessary contracts and 8 21 arrangements with the Iowa radio reading information service 8 22 for the blind and print handicapped to provide for the 8 23 delivery of newspapers, magazines, and other printed materials 8 24 over the radio, furnished by the Iowa radio reading 8 25 information service for the blind and print handicapped. 8 26 Sec. 7. Section 216B.4, unnumbered paragraph 1, Code 2003, 8 27 is amended to read as follows: 8 28 The director may accept financial aid from the government 8 29 of the United States for carrying out rehabilitation and 8 30 physical restoration of the blind and for providing library, 8 31 news, and information services to persons who are blind and 8 32 persons with physical disabilities. 8 33 Sec. 8. 2003 Iowa Acts, chapter 183, section 1, subsection 8 34 5, paragraph b, is amended to read as follows: 8 35 b. For a grant to a program that utilizes high school 9 1 mentors to teach life skills, violence prevention, and 9 2 character education in an effort to reduce the illegal use of 9 3 alcohol, tobacco, and other substances: 9 4 .................................................. $ 400,000 9 5 (1) The program described in this paragraph "b" shall meet 9 6 all of the following requirements: 9 7 (a) The program shall be a statewide mentoring program 9 8 that is an alternative to mentoring programs that utilize the 9 9 standards of effective practice. 9 10 (b) The program shall contract with a university to assist 9 11 in curriculum development and performance evaluation. 9 12 (c) The program shall provide for some level of public= 9 13 private partnership. 9 14 (d) The program shall obtain the assistance of the Iowa 9 15 department of public health in the development of the 9 16 performance evaluation design. 9 17 (e) The program shall demonstrate improvement in meeting 9 18 the current standards. 9 19 (2) The Iowa department of public health may use up to 9 20 $50,000 of the moneys appropriated under this paragraph "b" to 9 21 provide technical assistance to and monitoring of the program. 9 22 (3) Notwithstanding section 8.33, moneys appropriated under 9 23 this paragraph "b" that remain unencumbered or unobligated at 9 24 the close of the fiscal year shall not revert but shall remain 9 25 available for the purpose designated in the succeeding fiscal 9 26 year. 9 27 Sec. 9. EFFECTIVE DATE. The section of this Act amending 9 28 2003 Iowa Acts, chapter 183, being deemed of immediate 9 29 importance, takes effect upon enactment. 9 30 HF 2577 9 31 pf/es/25