House File 862 - Reprinted



                                   HOUSE FILE       
                                   BY  COMMITTEE ON APPROPRIATIONS

                                   (SUCCESSOR TO HSB 299)


    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.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1093HV 81
  5 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, 2005, and
  1  5 ending June 30, 2006, 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.  To supplement the medical assistance program
  1 10 appropriations for the fiscal year, including for
  1 11 reimbursement of noninstitutional medical assistance providers
  1 12 with the exception of anesthesia and dental providers and to
  1 13 continue the resource=based relative value system of
  1 14 reimbursement based upon the reimbursement rates established
  1 15 for the fiscal year beginning July 1, 2005, and ending June
  1 16 30, 2006, pursuant to 2005 Iowa Acts, House File 825, if
  1 17 enacted; for reimbursement of dental services, hospitals, home
  1 18 health care services, critical access hospitals, expansion of
  1 19 home health care services and habilitative day care for
  1 20 children with special needs, and expansion of respite care
  1 21 services provided through home and community=based waivers
  1 22 based upon the reimbursement rates established for the fiscal
  1 23 year beginning July 1, 2005, and ending June 30, 2006,
  1 24 pursuant to 2005 Iowa Acts, House File 825, if enacted; and
  1 25 for provision of coverage to women who require treatment for
  1 26 breast or cervical cancer as provided in section 249A.3,
  1 27 subsection 2, paragraph "b":
  1 28 .................................................. $ 35,013,803
  1 29    Of the amount appropriated in this paragraph, $50,000 shall
  1 30 be used to continue the efforts of the Iowa chronic care
  1 31 consortium pursuant to 2003 Iowa Acts, chapter 112, section
  1 32 12, as amended by 2003 Iowa Acts, chapter 179, sections 166
  1 33 and 167.
  1 34    b.  For child and family services and adoption subsidy
  1 35 services including for reimbursement of rehabilitative
  2  1 treatment and support services providers, adoption,
  2  2 independent living, shelter care, and home studies services
  2  3 providers, and other service providers under the purview of
  2  4 the department of human services:
  2  5 .................................................. $  4,257,623
  2  6    c.  To continue the supplementation of the children's
  2  7 health insurance program appropriation:
  2  8 .................................................. $    200,000
  2  9    d.  For general administration of health=related programs:
  2 10 .................................................. $    274,000
  2 11    2.  To the Iowa department of public health:
  2 12    a.  For the tobacco use prevention and control initiative,
  2 13 including efforts at the state and local levels, as provided
  2 14 in chapter 142A and for not more than the following full=time
  2 15 equivalent positions:
  2 16 .................................................. $  5,011,565
  2 17 ..............................................  FTEs       7.00
  2 18    (1)  The director of public health shall dedicate
  2 19 sufficient resources to promote and ensure retailer compliance
  2 20 with tobacco laws and ordinances relating to persons under 18
  2 21 years of age, and shall prioritize the state's compliance in
  2 22 the allocation of available funds to comply with 42 U.S.C. }
  2 23 300x=26 and section 453A.2.
  2 24    (2)  Of the full=time equivalent positions funded in this
  2 25 paragraph "a", two full=time equivalent positions shall be
  2 26 utilized to provide for enforcement of tobacco laws,
  2 27 regulations, and ordinances under a chapter 28D agreement
  2 28 entered into between the Iowa department of public health and
  2 29 the alcoholic beverages division of the department of
  2 30 commerce.
  2 31    (3)  Of the funds appropriated in this paragraph "a", not
  2 32 more than $525,759 shall be expended on administration and
  2 33 management of the program.
  2 34    (4)  Of the funds appropriated in this paragraph "a", not
  2 35 less than 80 percent of the amount expended in the fiscal year
  3  1 beginning July 1, 2001, for community partnerships shall be
  3  2 expended in the fiscal year beginning July 1, 2005, for that
  3  3 purpose.
  3  4    b.  For provision of smoking cessation and smoking=related
  3  5 diseases products as provided in this paragraph:
  3  6 .................................................. $     75,000
  3  7    The department shall award grants to free health clinics
  3  8 that are tax=exempt organizations pursuant to 26 U.S.C. } 501
  3  9 (c)(3) to fund the provision of smoking cessation and smoking=
  3 10 related diseases products to patients.  The department shall
  3 11 adopt a methodology for the awarding of the grants to the
  3 12 health clinics based upon the order of receipt of
  3 13 applications.
  3 14    c.  For additional substance abuse treatment under the
  3 15 substance abuse treatment program:
  3 16 .................................................. $ 11,800,000
  3 17    (1)  The department shall use funds appropriated in this
  3 18 paragraph "c" to enhance the quality of and to expand the
  3 19 capacity to provide 24=hour substance abuse treatment
  3 20 programs.
  3 21    (2)  The department shall use funds appropriated in this
  3 22 paragraph "c" to expand the length of individual client
  3 23 substance abuse treatment plans, as necessary to reduce
  3 24 program recidivism.
  3 25    (3)  The department shall use funds appropriated in this
  3 26 paragraph "c" to share research=based best practices for
  3 27 treatment with substance abuse treatment facilities.
  3 28    (4)  The department shall use funds appropriated in this
  3 29 paragraph "c" to develop a results=based funding approach for
  3 30 substance abuse treatment services.
  3 31    (5)  The department shall use funds appropriated in this
  3 32 paragraph "c" to develop a program to encourage individuals
  3 33 who are successfully managing their substance abuse problems
  3 34 to serve as role models.
  3 35    (6)  The department shall submit a report annually by March
  4  1 1, to the governor and the general assembly delineating the
  4  2 success rates of the substance abuse treatment programs that
  4  3 receive funding under this paragraph "c".
  4  4    d.  For the healthy Iowans 2010 plan within the Iowa
  4  5 department of public health and for not more than the
  4  6 following full=time equivalent positions:
  4  7 .................................................. $  2,509,960
  4  8 ............................................... FTEs       4.00
  4  9    (1)  Of the funds appropriated in this paragraph "d", not
  4 10 more than $1,157,482 shall be used for core public health
  4 11 functions, including home health care and public health
  4 12 nursing services, contracted through a formula by local boards
  4 13 of health, to enhance disease and injury prevention services.
  4 14    (2)  Of the funds appropriated in this paragraph "d", not
  4 15 more than $387,320 shall be used for the continuation and
  4 16 support of a coordinated system of delivery of trauma and
  4 17 emergency medical services.
  4 18    (3)  Of the funds appropriated in this paragraph "d", not
  4 19 more than $600,000 shall be used for the state poison control
  4 20 center.
  4 21    (4)  Of the funds appropriated in this paragraph "d", not
  4 22 more than $288,770 shall be used for the development of
  4 23 scientific and medical expertise in environmental
  4 24 epidemiology.
  4 25    (5)  Of the funds appropriated in this paragraph "d", not
  4 26 more than $76,388 shall be used for the childhood lead
  4 27 poisoning prevention program.
  4 28    e.  For the automated external defibrillator grant program
  4 29 established pursuant to section 135.26:
  4 30 .................................................. $    250,000
  4 31    f.  For implementation and maintenance of a public access
  4 32 defibrillation plan to provide access to automatic external
  4 33 defibrillators throughout the state capitol complex on a 24=
  4 34 hour, 7 days per week basis and for not more than the
  4 35 following full=time equivalent positions:
  5  1 .................................................. $    100,000
  5  2 .............................................. FTEs        1.00
  5  3    g.  For the center for congenital and inherited disorders
  5  4 established pursuant to section 136A.3:
  5  5 .................................................. $     26,000
  5  6    h.  For a grant program to provide substance abuse
  5  7 prevention programming for children:
  5  8 .................................................. $    400,000
  5  9    A program approved for a grant under the program shall meet
  5 10 all of the following criteria:
  5 11    (1)  The program is administered by a federally chartered
  5 12 nonprofit organization.
  5 13    (2)  The program is located in multiple locations across
  5 14 the state, including in at least one location in a county
  5 15 ranked in the bottom quartile of population when compared with
  5 16 other counties.
  5 17    (3)  The program has been nationally recognized for its
  5 18 effectiveness in reducing substance abuse by children.
  5 19    (4)  The program is able to use the grant funding to target
  5 20 a minimum of 1,000 children for substance abuse prevention
  5 21 programming.
  5 22    i.  For a grant to a program that utilizes high school
  5 23 mentors to teach life skills, violence prevention, and
  5 24 character education in an effort to reduce the illegal use of
  5 25 alcohol, tobacco, and other substances:
  5 26 .................................................. $    400,000
  5 27    (1)  The program described in this paragraph "i" shall meet
  5 28 all of the following requirements:
  5 29    (a)  The program shall be a statewide mentoring program
  5 30 that is an alternative to mentoring programs that utilize the
  5 31 standards of effective practice.
  5 32    (b)  The program shall contract with a university to assist
  5 33 in curriculum development and performance evaluation.
  5 34    (c)  The program shall provide for some level of public=
  5 35 private partnership.
  6  1    (d)  The program shall obtain the assistance of the Iowa
  6  2 department of public health in the development of the
  6  3 performance evaluation design.
  6  4    (e)  The program shall demonstrate improvement in meeting
  6  5 current standards.
  6  6    (2)  The Iowa department of public health shall negotiate a
  6  7 sole source contract with a nonprofit corporation that mentors
  6  8 through live music and receives funds through private
  6  9 partnership to implement this paragraph "i".
  6 10    (3)  The Iowa department of public health may use up to
  6 11 $50,000 of the moneys appropriated under this paragraph "i" to
  6 12 provide technical assistance to and monitoring of the program.
  6 13    (4)  Notwithstanding section 8.33, moneys appropriated
  6 14 under this paragraph "i" that remain unencumbered or
  6 15 unobligated at the close of the fiscal year shall not revert
  6 16 but shall remain available for the purpose designated in the
  6 17 succeeding fiscal year.
  6 18    The Iowa department of public health shall procure a sole
  6 19 source contract to implement this paragraph "h".
  6 20    3.  To the department of corrections:
  6 21 .................................................. $  1,214,000
  6 22    a.  Of the funds appropriated in this subsection, $286,217
  6 23 is allocated to the second judicial district department of
  6 24 correctional services to replace expired federal funding for
  6 25 day programming and to replace expired federal funding for the
  6 26 drug court program.  Of the amount allocated in this
  6 27 paragraph, $40,000 shall be used for substance abuse
  6 28 treatment.
  6 29    b.  Of the funds appropriated in this subsection, $110,359
  6 30 is allocated to the third judicial district department of
  6 31 correctional services to replace expired federal funding for
  6 32 the drug court program.  Of the amount allocated in this
  6 33 paragraph, $20,000 shall be used for substance abuse
  6 34 treatment.
  6 35    c.  Of the funds appropriated in this subsection, $191,731
  7  1 is allocated to the fourth judicial district department of
  7  2 correctional services for a drug court program.
  7  3    d.  Of the funds appropriated in this subsection, $255,693
  7  4 is allocated to the fifth judicial district department of
  7  5 correctional services to replace expired funding for the drug
  7  6 court program.
  7  7    e.  Of the funds appropriated in this subsection, $310,000
  7  8 is allocated to the Newton correctional facility for a value=
  7  9 based treatment program.
  7 10    f.  Of the funds appropriated in this subsection, $60,000
  7 11 is allocated to the Iowa correctional institution for women at
  7 12 Mitchellville for a value=based treatment program.
  7 13    4.  To the department for the blind:
  7 14 .................................................. $    130,000
  7 15    To plan, establish, administer, and promote a statewide
  7 16 program to provide audio news and information services to
  7 17 blind or visually impaired persons residing in this state as
  7 18 provided pursuant to section 216B.3, subsection 18, paragraphs
  7 19 "a" and "b".
  7 20    Sec. 2.  PURCHASE OF SERVICE CONTRACT PROVIDERS ==
  7 21 REIMBURSEMENT INCREASE.  There is appropriated from the
  7 22 healthy Iowans tobacco trust created in section 12.65 to the
  7 23 property tax relief fund created in section 426B.1 for the
  7 24 fiscal year beginning July 1, 2005, and ending June 30, 2006,
  7 25 the following amount, or so much thereof as is necessary, to
  7 26 be used for the purposes designated:
  7 27    For assistance to the counties with limited county mental
  7 28 health, mental retardation, and developmental disabilities
  7 29 services fund balances which were selected in accordance with
  7 30 2000 Iowa Acts, chapter 1221, section 3, to receive such
  7 31 assistance in the same amount provided during the fiscal year
  7 32 beginning July 1, 2000, and ending June 30, 2001, to pay
  7 33 reimbursement increases in accordance with 2000 Iowa Acts,
  7 34 chapter 1221, section 3:
  7 35 .................................................. $    146,750
  8  1    Sec. 3.  IOWA EMPOWERMENT FUND.  There is appropriated from
  8  2 the healthy Iowans tobacco trust created in section 12.65, to
  8  3 the Iowa empowerment fund created in section 28.9 for the
  8  4 fiscal year beginning July 1, 2005, and ending June 30, 2006,
  8  5 for deposit in the school ready children grants account:
  8  6 .................................................. $  2,153,250
  8  7    Sec. 4.  DEPARTMENT OF CORRECTIONS == SPECIAL NEEDS UNIT.
  8  8 There is appropriated from the healthy Iowans tobacco trust
  8  9 created in section 12.65, to the department of corrections for
  8 10 the fiscal year beginning July 1, 2005, and ending June 30,
  8 11 2006, the following amount, or so much thereof as is
  8 12 necessary, to be used for the purpose designated:
  8 13    For operating the special needs unit at the Fort Madison
  8 14 correctional facility:
  8 15 .................................................. $  1,187,285
  8 16    Sec. 5.  ENDOWMENT FOR IOWA'S HEALTH ACCOUNT == TRANSFER.
  8 17 In addition to the amount transferred pursuant to section
  8 18 12E.12, subsection 1, paragraph "b", subparagraph (2),
  8 19 subparagraph subdivision (b), $6,800,000 is transferred from
  8 20 the endowment for Iowa's health account of the tobacco
  8 21 settlement trust fund created in section 12E.12 to the healthy
  8 22 Iowans tobacco trust created in section 12.65 for the fiscal
  8 23 year beginning July 1, 2005, and ending June 30, 2006.
  8 24 HF 862
  8 25 pf:jp/es/25