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