House
File
2526
-
Reprinted
HOUSE
FILE
2526
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HSB
736)
(As
Amended
and
Passed
by
the
House
March
18,
2010
)
A
BILL
FOR
An
Act
relating
to
and
making
appropriations
for
health
and
1
human
services
and
including
other
related
provisions
and
2
appropriations,
and
providing
effective,
retroactive,
and
3
applicability
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
HF
2526
(9)
83
pf/jp/mb
H.F.
2526
DIVISION
I
1
DEPARTMENT
ON
AGING
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,
2010,
and
ending
June
30,
5
2011,
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
the
frail
elderly,
10
resident
advocate
committee
coordination,
employment,
and
other
11
services
which
may
include
but
are
not
limited
to
adult
day
12
services,
respite
care,
chore
services,
telephone
reassurance,
13
information
and
assistance,
and
home
repair
services,
and
14
for
the
construction
of
entrance
ramps
which
make
residences
15
accessible
to
the
physically
handicapped,
and
for
salaries,
16
support,
administration,
maintenance,
and
miscellaneous
17
purposes,
and
for
not
more
than
the
following
full-time
18
equivalent
positions:
19
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$
4,662,988
20
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FTEs
36.00
21
1.
Funds
appropriated
in
this
section
may
be
used
to
22
supplement
federal
funds
under
federal
regulations.
To
23
receive
funds
appropriated
in
this
section,
a
local
area
24
agency
on
aging
shall
match
the
funds
with
moneys
from
other
25
sources
according
to
rules
adopted
by
the
department.
Funds
26
appropriated
in
this
section
may
be
used
for
elderly
services
27
not
specifically
enumerated
in
this
section
only
if
approved
28
by
an
area
agency
on
aging
for
provision
of
the
service
within
29
the
area.
30
2.
a.
Of
the
funds
appropriated
in
this
section,
$1,246,514
31
shall
be
transferred
to
the
department
of
human
services
in
32
equal
amounts
on
a
quarterly
basis
for
reimbursement
of
case
33
management
services
provided
under
the
medical
assistance
34
elderly
waiver.
The
department
of
human
services
shall
adopt
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2526
rules
for
case
management
services
provided
under
the
medical
1
assistance
elderly
waiver
in
consultation
with
the
department
2
on
aging.
3
b.
The
department
of
human
services
shall
review
4
projections
for
state
funding
expenditures
for
reimbursement
5
of
case
management
services
under
the
medical
assistance
6
elderly
waiver
on
a
quarterly
basis
and
shall
determine
if
an
7
adjustment
to
the
medical
assistance
reimbursement
rates
are
8
necessary
to
provide
reimbursement
within
the
state
funding
9
amounts
budgeted
under
the
appropriations
made
for
the
fiscal
10
year
for
the
medical
assistance
program.
Any
temporary
11
enhanced
federal
financial
participation
that
may
become
12
available
for
the
medical
assistance
program
during
the
fiscal
13
year
shall
not
be
used
in
projecting
the
medical
assistance
14
elderly
waiver
case
management
budget.
The
department
of
human
15
services
shall
revise
such
reimbursement
rates
as
necessary
to
16
maintain
expenditures
for
medical
assistance
elderly
waiver
17
case
management
services
within
the
state
funding
amounts
18
budgeted
under
the
appropriations
made
for
the
fiscal
year
for
19
the
medical
assistance
program.
20
3.
Of
the
funds
appropriated
in
this
section,
$179,964
shall
21
be
transferred
to
the
department
of
economic
development
for
22
the
Iowa
commission
on
volunteer
services
to
be
used
for
the
23
retired
and
senior
volunteer
program.
24
4.
a.
The
department
on
aging
shall
establish
and
enforce
25
procedures
relating
to
expenditure
of
state
and
federal
funds
26
by
area
agencies
on
aging
that
require
compliance
with
both
27
state
and
federal
laws,
rules,
and
regulations,
including
but
28
not
limited
to
all
of
the
following:
29
(1)
Requiring
that
expenditures
are
incurred
only
for
goods
30
or
services
received
or
performed
prior
to
the
end
of
the
31
fiscal
period
designated
for
use
of
the
funds.
32
(2)
Prohibiting
prepayment
for
goods
or
services
not
33
received
or
performed
prior
to
the
end
of
the
fiscal
period
34
designated
for
use
of
the
funds.
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(3)
Prohibiting
the
prepayment
for
goods
or
services
1
not
defined
specifically
by
good
or
service,
time
period,
or
2
recipient.
3
(4)
Prohibiting
the
establishment
of
accounts
from
which
4
future
goods
or
services
which
are
not
defined
specifically
by
5
good
or
service,
time
period,
or
recipient,
may
be
purchased.
6
b.
The
procedures
shall
provide
that
if
any
funds
are
7
expended
in
a
manner
that
is
not
in
compliance
with
the
8
procedures
and
applicable
federal
and
state
laws,
rules,
and
9
regulations,
and
are
subsequently
subject
to
repayment,
the
10
area
agency
on
aging
expending
such
funds
in
contravention
of
11
such
procedures,
laws,
rules
and
regulations,
not
the
state,
12
shall
be
liable
for
such
repayment.
13
DIVISION
II
14
DEPARTMENT
OF
PUBLIC
HEALTH
15
Sec.
2.
DEPARTMENT
OF
PUBLIC
HEALTH.
The
allocations
16
made
in
this
section
may
include
amounts
carried
forward
from
17
appropriations
and
allocations
made
for
the
same
purposes
in
18
the
previous
fiscal
year.
There
is
appropriated
from
the
19
general
fund
of
the
state
to
the
department
of
public
health
20
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
21
30,
2011,
the
following
amounts,
or
so
much
thereof
as
is
22
necessary,
to
be
used
for
the
purposes
designated:
23
1.
ADDICTIVE
DISORDERS
24
For
reducing
the
prevalence
of
use
of
tobacco,
alcohol,
and
25
other
drugs,
and
treating
individuals
affected
by
addictive
26
behaviors,
including
gambling,
and
for
not
more
than
the
27
following
full-time
equivalent
positions:
28
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$
28,974,840
29
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FTEs
18.00
30
a.
Of
the
funds
appropriated
in
this
subsection,
$7,438,282
31
shall
be
used
for
the
tobacco
use
prevention
and
control
32
initiative,
including
efforts
at
the
state
and
local
levels,
as
33
provided
in
chapter
142A.
34
(1)
The
director
of
public
health
shall
dedicate
sufficient
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2526
resources
to
promote
and
ensure
retailer
compliance
with
1
tobacco
laws
and
ordinances
relating
to
persons
under
18
2
years
of
age,
and
shall
prioritize
the
state’s
compliance
in
3
the
allocation
of
available
funds
to
comply
with
42
U.S.C.
4
§
300x-26
and
section
453A.2.
5
(2)
Of
the
full-time
equivalent
positions
authorized
in
6
this
subsection,
2.00
full-time
equivalent
positions
shall
7
be
utilized
to
provide
for
enforcement
of
tobacco
laws,
8
regulations,
and
ordinances.
9
(3)
Of
the
funds
allocated
in
this
lettered
paragraph,
10
$1,796,508
shall
be
used
for
youth
programs
designed
to
11
achieve
the
goals
of
the
initiative,
that
are
directed
by
youth
12
participants
for
youth
pursuant
to
section
142A.9.
13
b.
(1)
Of
the
funds
appropriated
in
this
subsection,
14
$17,920,028
shall
be
used
for
substance
abuse
treatment
and
15
prevention.
16
(2)
It
is
the
intent
of
the
general
assembly
that
from
the
17
moneys
allocated
in
this
lettered
paragraph
persons
with
a
dual
18
diagnosis
of
substance
abuse
and
gambling
addictions
shall
be
19
given
priority
in
treatment
services.
20
c.
Of
the
funds
appropriated
in
this
subsection,
$300,320
21
shall
be
used
for
culturally
competent
substance
abuse
22
treatment
pilot
projects.
23
(1)
The
department
shall
utilize
the
amount
allocated
24
in
this
lettered
paragraph
for
at
least
three
pilot
projects
25
to
provide
culturally
competent
substance
abuse
treatment
in
26
various
areas
of
the
state.
Each
pilot
project
shall
target
27
a
particular
ethnic
minority
population.
The
populations
28
targeted
shall
include
but
are
not
limited
to
African-American,
29
Asian,
and
Latino.
30
(2)
The
pilot
project
requirements
shall
provide
for
31
documentation
or
other
means
to
ensure
access
to
the
cultural
32
competence
approach
used
by
a
pilot
project
so
that
such
33
approach
can
be
replicated
and
improved
upon
in
successor
34
programs.
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d.
(1)
Of
the
funds
appropriated
in
this
subsection,
1
$3,716,530
shall
be
used
for
funding
of
gambling
treatment,
2
including
administrative
costs
and
to
provide
programs
3
which
may
include
but
are
not
limited
to
outpatient
and
4
follow-up
treatment
for
persons
affected
by
problem
gambling,
5
rehabilitation
and
residential
treatment
programs,
information
6
and
referral
services,
education
and
preventive
services,
and
7
financial
management
services.
Of
the
amount
allocated
in
8
this
lettered
paragraph,
up
to
$100,000
may
be
used
for
the
9
licensing
of
gambling
treatment
programs
as
provided
in
section
10
135.150.
11
(2)
(a)
Notwithstanding
any
provision
to
the
contrary,
12
to
standardize
the
availability,
delivery,
cost
of
13
delivery,
and
accountability
of
gambling
and
substance
abuse
14
treatment
services
statewide,
the
department
shall
continue
15
implementation
of
a
process
to
create
a
system
for
delivery
16
of
the
treatment
services
in
accordance
with
the
requirements
17
specified
in
2008
Iowa
Acts,
chapter
1187,
section
3,
18
subsection
4.
To
ensure
the
system
provides
a
continuum
of
19
treatment
services
that
best
meets
the
needs
of
Iowans,
the
20
gambling
and
substance
abuse
treatment
services
in
an
area
may
21
be
provided
either
by
a
single
agency
or
by
separate
agencies
22
submitting
a
joint
proposal.
23
(b)
From
the
amounts
designated
for
gambling
and
substance
24
abuse
treatment,
the
department
may
use
up
to
$100,000
for
25
administrative
costs
to
continue
developing
and
implementing
26
the
process
in
accordance
with
subparagraph
division
(a).
27
(3)
The
requirement
of
section
123.53,
subsection
3,
is
28
met
by
the
appropriations
and
allocations
made
in
this
Act
for
29
purposes
of
substance
abuse
treatment
and
addictive
disorders
30
for
the
fiscal
year
beginning
July
1,
2010.
31
2.
HEALTHY
CHILDREN
AND
FAMILIES
32
For
promoting
the
optimum
health
status
for
children,
33
adolescents
from
birth
through
21
years
of
age,
and
families,
34
and
for
not
more
than
the
following
full-time
equivalent
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positions:
1
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$
2,710,062
2
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FTEs
14.00
3
a.
Of
the
funds
appropriated
in
this
subsection,
not
more
4
than
$738,203
shall
be
used
for
the
healthy
opportunities
to
5
experience
success
(HOPES)-healthy
families
Iowa
(HFI)
program
6
established
pursuant
to
section
135.106.
The
funding
shall
7
be
distributed
to
renew
the
grants
that
were
provided
to
the
8
grantees
that
operated
the
program
during
the
fiscal
year
9
ending
June
30,
2010.
10
b.
Of
the
funds
appropriated
in
this
subsection,
$304,885
11
shall
be
used
to
continue
to
address
the
healthy
mental
12
development
of
children
from
birth
through
five
years
of
age
13
through
local
evidence-based
strategies
that
engage
both
the
14
public
and
private
sectors
in
promoting
healthy
development,
15
prevention,
and
treatment
for
children.
16
c.
Of
the
funds
appropriated
in
this
subsection,
$31,597
17
shall
be
distributed
to
a
statewide
dental
carrier
to
provide
18
funds
to
continue
the
donated
dental
services
program
patterned
19
after
the
projects
developed
by
the
national
foundation
of
20
dentistry
for
the
handicapped
to
provide
dental
services
to
21
indigent
elderly
and
disabled
individuals.
22
d.
Of
the
funds
appropriated
in
this
subsection,
$129,279
23
shall
be
used
for
childhood
obesity
prevention.
24
e.
Of
the
funds
appropriated
in
this
subsection,
$187,890
25
shall
be
used
to
provide
audiological
services
and
hearing
26
aids
for
children.
The
department
may
enter
into
a
contract
27
to
administer
this
paragraph.
28
f.
It
is
the
intent
of
the
general
assembly
that
the
29
department
of
public
health
shall
implement
the
recommendations
30
of
the
postnatal
tissue
and
fluid
bank
task
force
created
in
31
2007
Iowa
Acts,
chapter
147,
based
upon
the
report
submitted
32
to
the
general
assembly
in
November
2007,
as
funding
becomes
33
available.
The
department
shall
notify
the
Iowa
Code
editor
34
and
the
persons
specified
in
this
Act
to
receive
reports
when
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such
funding
becomes
available.
1
3.
CHRONIC
CONDITIONS
2
For
serving
individuals
identified
as
having
chronic
3
conditions
or
special
health
care
needs,
and
for
not
more
than
4
the
following
full-time
equivalent
positions:
5
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,522,313
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
4.10
7
a.
Of
the
funds
appropriated
in
this
subsection,
$160,582
8
shall
be
used
for
grants
to
individual
patients
who
have
9
phenylketonuria
(PKU)
to
assist
with
the
costs
of
necessary
10
special
foods.
11
b.
Of
the
funds
appropriated
in
this
subsection,
$416,682
12
is
allocated
for
continuation
of
the
contracts
for
resource
13
facilitator
services
in
accordance
with
section
135.22B,
14
subsection
9,
and
for
brain
injury
training
services
and
15
recruiting
of
service
providers
to
increase
the
capacity
within
16
this
state
to
address
the
needs
of
individuals
with
brain
17
injuries
and
such
individuals’
families.
18
c.
Of
the
funds
appropriated
in
this
subsection,
$489,868
19
shall
be
used
as
additional
funding
to
leverage
federal
funding
20
through
the
federal
Ryan
White
Care
Act,
Tit.
II,
AIDS
drug
21
assistance
program
supplemental
drug
treatment
grants.
22
d.
Of
the
funds
appropriated
in
this
subsection,
$57,013
23
shall
be
used
for
the
public
purpose
of
providing
a
grant
to
an
24
existing
national-affiliated
organization
to
provide
education,
25
client-centered
programs,
and
client
and
family
support
for
26
people
living
with
epilepsy
and
their
families.
27
e.
Of
the
funds
appropriated
in
this
subsection,
$788,303
28
shall
be
used
for
child
health
specialty
clinics.
29
f.
Of
the
funds
appropriated
in
this
subsection,
$408,802
30
shall
be
used
for
the
comprehensive
cancer
control
program
to
31
reduce
the
burden
of
cancer
in
Iowa
through
prevention,
early
32
detection,
effective
treatment,
and
ensuring
quality
of
life.
33
g.
Of
the
funds
appropriated
in
this
subsection,
$145,550
34
shall
be
used
for
cervical
and
colon
cancer
screening.
35
-7-
HF
2526
(9)
83
pf/jp/mb
7/
114
H.F.
2526
h.
Of
the
funds
appropriated
in
this
subsection,
$528,834
1
shall
be
used
for
the
center
for
congenital
and
inherited
2
disorders
central
registry
under
section
144.13A,
subsection
3
4,
paragraph
“a”
.
4
i.
Of
the
funds
appropriated
in
this
subsection,
$149,612
5
shall
be
used
for
the
prescription
drug
donation
repository
6
program
created
in
chapter
135M.
7
4.
COMMUNITY
CAPACITY
8
For
strengthening
the
health
care
delivery
system
at
the
9
local
level,
and
for
not
more
than
the
following
full-time
10
equivalent
positions:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,503,037
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
21.00
13
a.
Of
the
funds
appropriated
in
this
subsection,
$63,592
14
is
allocated
for
a
child
vision
screening
program
implemented
15
through
the
university
of
Iowa
hospitals
and
clinics
in
16
collaboration
with
community
empowerment
areas.
17
b.
Of
the
funds
appropriated
in
this
subsection,
$129,741
is
18
allocated
for
continuation
of
an
initiative
implemented
at
the
19
university
of
Iowa
and
$117,142
is
allocated
for
continuation
20
of
an
initiative
at
the
state
mental
health
institute
at
21
Cherokee
to
expand
and
improve
the
workforce
engaged
in
22
mental
health
treatment
and
services.
The
initiatives
shall
23
receive
input
from
the
university
of
Iowa,
the
department
24
of
human
services,
the
department
of
public
health,
and
the
25
mental
health,
mental
retardation,
developmental
disabilities,
26
and
brain
injury
commission
to
address
the
focus
of
the
27
initiatives.
28
c.
Of
the
funds
appropriated
in
this
subsection,
$1,264,812
29
shall
be
used
for
essential
public
health
services
that
promote
30
healthy
aging
throughout
the
lifespan,
contracted
through
a
31
formula
for
local
boards
of
health,
to
enhance
health
promotion
32
and
disease
prevention
services.
33
d.
Of
the
funds
appropriated
in
this
section,
$130,214
shall
34
be
deposited
in
the
governmental
public
health
system
fund
35
-8-
HF
2526
(9)
83
pf/jp/mb
8/
114
H.F.
2526
created
in
section
135A.8
to
be
used
for
the
purposes
of
the
1
fund.
2
e.
Of
the
funds
appropriated
in
this
subsection,
$143,150
3
shall
be
used
for
the
mental
health
professional
shortage
area
4
program
implemented
pursuant
to
section
135.80.
5
f.
Of
the
funds
appropriated
in
this
subsection,
6
$40,900
shall
be
used
for
a
grant
to
a
statewide
association
7
of
psychologists
that
is
affiliated
with
the
American
8
psychological
association
to
be
used
for
continuation
of
a
9
program
to
rotate
intern
psychologists
in
placements
in
urban
10
and
rural
mental
health
professional
shortage
areas,
as
defined
11
in
section
135.80.
12
g.
Of
the
funds
appropriated
in
this
subsection,
the
13
following
amounts
shall
be
allocated
to
the
Iowa
collaborative
14
safety
net
provider
network
established
pursuant
to
section
15
135.153
to
be
used
for
the
purposes
designated:
16
(1)
For
distribution
to
the
Iowa-Nebraska
primary
17
care
association
for
statewide
coordination
of
the
Iowa
18
collaborative
safety
net
provider
network:
19
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
73,620
20
(2)
For
distribution
to
the
Iowa
family
planning
network
21
agencies
for
necessary
infrastructure,
statewide
coordination,
22
provider
recruitment,
service
delivery,
and
provision
of
23
assistance
to
patients
in
determining
an
appropriate
medical
24
home:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
74,517
26
(3)
For
distribution
to
the
local
boards
of
health
that
27
provide
direct
services
for
pilot
programs
in
three
counties
to
28
assist
patients
in
determining
an
appropriate
medical
home:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
74,517
30
(4)
For
distribution
to
maternal
and
child
health
centers
31
for
pilot
programs
in
three
counties
to
assist
patients
in
32
determining
an
appropriate
medical
home:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
74,517
34
(5)
For
distribution
to
free
clinics
for
necessary
35
-9-
HF
2526
(9)
83
pf/jp/mb
9/
114
H.F.
2526
infrastructure,
statewide
coordination,
provider
recruitment,
1
service
delivery,
and
provision
of
assistance
to
patients
in
2
determining
an
appropriate
medical
home:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
184,050
4
(6)
For
distribution
to
rural
health
clinics
for
necessary
5
infrastructure,
statewide
coordination,
provider
recruitment,
6
service
delivery,
and
provision
of
assistance
to
patients
in
7
determining
an
appropriate
medical
home:
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
110,430
9
(7)
For
continuation
of
the
safety
net
provider
patient
10
access
to
specialty
health
care
initiative
as
described
in
2007
11
Iowa
Acts,
chapter
218,
section
109:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
294,480
13
(8)
For
continuation
of
the
pharmaceutical
infrastructure
14
for
safety
net
providers
as
described
in
2007
Iowa
Acts,
15
chapter
218,
section
108:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
294,480
17
The
Iowa
collaborative
safety
net
provider
network
may
18
continue
to
distribute
funds
allocated
pursuant
to
this
19
lettered
paragraph
through
existing
contracts
or
renewal
of
20
existing
contracts.
21
h.
(1)
Of
the
funds
appropriated
in
this
subsection,
22
$180,000
shall
be
used
for
continued
implementation
of
23
the
recommendations
of
the
direct
care
worker
task
force
24
established
pursuant
to
2005
Iowa
Acts,
chapter
88,
based
upon
25
the
report
submitted
to
the
governor
and
the
general
assembly
26
in
December
2006.
The
department
may
use
a
portion
of
the
27
funds
allocated
in
this
paragraph
for
an
additional
position
to
28
assist
in
the
continued
implementation.
29
(2)
It
is
the
intent
of
the
general
assembly
that
a
30
board
of
direct
care
workers
shall
be
established
within
the
31
department
of
public
health
by
July
1,
2014,
contingent
upon
32
the
availability
of
funds
to
establish
and
maintain
the
board.
33
(3)
The
direct
care
worker
advisory
council
shall
submit
34
an
interim
progress
report
no
later
than
March
1,
2011,
and
a
35
-10-
HF
2526
(9)
83
pf/jp/mb
10/
114
H.F.
2526
final
report
no
later
than
March
1,
2012,
to
the
governor
and
1
the
general
assembly,
that
includes
but
is
not
limited
to
all
2
of
the
following:
3
(a)
Documenting
the
size
of
the
direct
care
workforce.
The
4
report
shall
provide
the
best
estimates
of
the
size
of
the
5
direct
care
workforce
in
Iowa
by
identifying
what
workforce
6
data
is
currently
being
collected,
who
is
currently
collecting
7
the
data,
the
gaps
in
existing
data,
and
the
collection
methods
8
necessary
to
address
such
gaps.
9
(b)
Identifying
the
information
management
system
required
10
to
facilitate
credentialing
of
direct
care
workers
and
11
estimating
the
costs
of
development
and
maintenance
of
the
12
system.
13
(c)
Reporting
the
results
of
any
pilot
relating
to
and
14
evaluating
the
recommendations
of
the
advisory
council
that
15
address
direct
care
worker
training
and
curricula.
16
(d)
Describing
activities
relating
to
developing
and
17
delivering
an
education
and
outreach
campaign
to
direct
care
18
workers
and
other
stakeholders
regarding
strategies
to
increase
19
the
professionalism
of
the
direct
care
workforce.
The
goals
20
of
such
education
and
outreach
campaign
are
to
bring
greater
21
stability
to
the
workforce
and
meet
the
needs
of
direct
care
22
workers
that
exist
due
to
the
growth
in
Iowa’s
aging
and
23
persons
with
disabilities
populations.
24
(e)
Making
recommendations
regarding
the
functions
25
and
composition
of
the
board
of
direct
care
workers,
the
26
definitions
of
and
categories
for
credentialing
direct
care
27
workers,
for
deeming
the
experience
level
of
members
of
the
28
existing
workforce
to
be
the
equivalent
of
other
credentials,
29
the
form
of
credentialing
to
be
used,
the
timeframe
for
30
credentialing
of
direct
care
workers,
and
the
estimated
costs
31
of
establishing
and
maintaining
board
operations
and
the
32
methods
to
be
used
to
fund
and
sustain
such
operations.
33
(4)
The
department
of
public
health
shall
report
to
the
34
persons
designated
in
this
Act
for
submission
of
reports
35
-11-
HF
2526
(9)
83
pf/jp/mb
11/
114
H.F.
2526
regarding
use
of
the
funds
allocated
in
this
lettered
1
paragraph,
on
or
before
January
15,
2011.
2
i.
(1)
Of
the
funds
appropriated
in
this
subsection,
3
$135,000
shall
be
used
for
allocation
to
an
independent
4
statewide
direct
care
worker
association
for
education,
5
outreach,
leadership
development,
mentoring,
and
other
6
initiatives
intended
to
enhance
the
recruitment
and
retention
7
of
direct
care
workers
in
health
and
long-term
care.
8
(2)
Of
the
funds
appropriated
in
this
subsection,
$63,000
9
shall
be
used
to
provide
scholarships
or
other
forms
of
10
subsidized
direct
care
worker
educational
conferences,
11
training,
or
outreach
activities.
12
(3)
The
association
specified
in
this
lettered
paragraph
13
shall
report
to
the
persons
designated
in
this
Act
for
14
submission
of
reports
on
or
before
January
1,
2011,
the
use
of
15
the
funds
allocated
in
this
lettered
paragraph,
any
progress
16
made
regarding
the
initiatives
specified
and
in
expanding
the
17
association
statewide,
and
the
number
of
scholarships
provided,
18
and
shall
include
in
the
report
a
copy
of
the
association’s
19
internal
revenue
service
form
990.
20
j.
The
department
may
utilize
one
of
the
full-time
21
equivalent
positions
authorized
in
this
subsection
for
22
administration
of
the
activities
related
to
the
Iowa
23
collaborative
safety
net
provider
network.
24
k.
The
department
may
utilize
one
of
the
full-time
25
equivalent
positions
authorized
in
this
subsection
for
26
administration
of
the
volunteer
health
care
provider
program
27
pursuant
to
section
135.24.
28
5.
HEALTHY
AGING
29
To
provide
public
health
services
that
reduce
risks
and
30
invest
in
promoting
and
protecting
good
health
over
the
31
course
of
a
lifetime
with
a
priority
given
to
older
Iowans
and
32
vulnerable
populations:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,045,779
34
a.
Of
the
funds
appropriated
in
this
subsection,
$2,209,696
35
-12-
HF
2526
(9)
83
pf/jp/mb
12/
114
H.F.
2526
shall
be
used
for
local
public
health
nursing
services.
1
b.
Of
the
funds
appropriated
in
this
subsection,
$5,836,083
2
shall
be
used
for
home
care
aide
services.
3
6.
ENVIRONMENTAL
HAZARDS
4
For
reducing
the
public’s
exposure
to
hazards
in
the
5
environment,
primarily
chemical
hazards,
and
for
not
more
than
6
the
following
full-time
equivalent
positions:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
900,352
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
4.50
9
Of
the
funds
appropriated
in
this
subsection,
$590,380
shall
10
be
used
for
childhood
lead
poisoning
provisions.
11
7.
INFECTIOUS
DISEASES
12
For
reducing
the
incidence
and
prevalence
of
communicable
13
diseases,
and
for
not
more
than
the
following
full-time
14
equivalent
positions:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,475,095
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
5.00
17
8.
PUBLIC
PROTECTION
18
For
protecting
the
health
and
safety
of
the
public
through
19
establishing
standards
and
enforcing
regulations,
and
for
not
20
more
than
the
following
full-time
equivalent
positions:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,212,987
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
130.00
23
a.
Of
the
funds
appropriated
in
this
subsection,
not
more
24
than
$471,690
shall
be
credited
to
the
emergency
medical
25
services
fund
created
in
section
135.25.
Moneys
in
the
26
emergency
medical
services
fund
are
appropriated
to
the
27
department
to
be
used
for
the
purposes
of
the
fund.
28
b.
Of
the
funds
appropriated
in
this
subsection,
$209,229
29
shall
be
used
for
sexual
violence
prevention
programming
30
through
a
statewide
organization
representing
programs
serving
31
victims
of
sexual
violence
through
the
department’s
sexual
32
violence
prevention
program.
The
amount
allocated
in
this
33
lettered
paragraph
shall
not
be
used
to
supplant
funding
34
administered
for
other
sexual
violence
prevention
or
victims
35
-13-
HF
2526
(9)
83
pf/jp/mb
13/
114
H.F.
2526
assistance
programs.
1
c.
Of
the
funds
appropriated
in
this
subsection,
not
more
2
than
$485,520
shall
be
used
for
the
state
poison
control
3
center.
4
9.
RESOURCE
MANAGEMENT
5
For
establishing
and
sustaining
the
overall
ability
of
the
6
department
to
deliver
services
to
the
public,
and
for
not
more
7
than
the
following
full-time
equivalent
positions:
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
956,265
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
10.00
10
The
university
of
Iowa
hospitals
and
clinics
under
the
11
control
of
the
state
board
of
regents
shall
not
receive
12
indirect
costs
from
the
funds
appropriated
in
this
section.
13
The
university
of
Iowa
hospitals
and
clinics
billings
to
the
14
department
shall
be
on
at
least
a
quarterly
basis.
15
DIVISION
III
16
DEPARTMENT
OF
VETERANS
AFFAIRS
17
Sec.
3.
DEPARTMENT
OF
VETERANS
AFFAIRS.
There
is
18
appropriated
from
the
general
fund
of
the
state
to
the
19
department
of
veterans
affairs
for
the
fiscal
year
beginning
20
July
1,
2010,
and
ending
June
30,
2011,
the
following
amounts,
21
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
22
designated:
23
1.
DEPARTMENT
OF
VETERANS
AFFAIRS
ADMINISTRATION
24
For
salaries,
support,
maintenance,
and
miscellaneous
25
purposes,
including
the
war
orphans
educational
assistance
fund
26
created
in
section
35.8,
and
for
not
more
than
the
following
27
full-time
equivalent
positions:
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
960,453
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
15.20
30
2.
IOWA
VETERANS
HOME
31
For
salaries,
support,
maintenance,
and
miscellaneous
32
purposes:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,630,846
34
a.
The
Iowa
veterans
home
billings
involving
the
department
35
-14-
HF
2526
(9)
83
pf/jp/mb
14/
114
H.F.
2526
of
human
services
shall
be
submitted
to
the
department
on
at
1
least
a
monthly
basis.
2
b.
If
there
is
a
change
in
the
employer
of
employees
3
providing
services
at
the
Iowa
veterans
home
under
a
collective
4
bargaining
agreement,
such
employees
and
the
agreement
shall
5
be
continued
by
the
successor
employer
as
though
there
had
not
6
been
a
change
in
employer.
7
c.
Within
available
resources
and
in
conformance
with
8
associated
state
and
federal
program
eligibility
requirements,
9
the
Iowa
veterans
home
may
implement
measures
to
provide
10
financial
assistance
to
or
on
behalf
of
veterans
or
their
11
spouses
participating
in
the
community
reentry
program.
12
3.
STATE
EDUCATIONAL
ASSISTANCE
——
CHILDREN
OF
DECEASED
13
VETERANS
14
For
provision
of
educational
assistance
pursuant
to
section
15
35.9:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,731
17
Sec.
4.
LIMITATION
OF
COUNTY
COMMISSION
OF
VETERANS
AFFAIRS
18
FUND
STANDING
APPROPRIATIONS.
Notwithstanding
the
standing
19
appropriation
in
the
following
designated
section
for
the
20
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
21
the
amounts
appropriated
from
the
general
fund
of
the
state
22
pursuant
to
that
section
for
the
following
designated
purposes
23
shall
not
exceed
the
following
amount:
24
For
the
county
commissions
of
veterans
affairs
fund
under
25
section
35A.16:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
900,000
27
Sec.
5.
MERCHANT
MARINE
BONUS
FUND
——
COUNTY
GRANTS.
There
28
is
appropriated
from
the
merchant
marine
bonus
fund
created
in
29
section
35A.8
to
the
department
of
veterans
affairs
for
the
30
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
31
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
32
used
for
the
purposes
designated:
33
For
the
county
commissions
of
veterans
affairs
fund
under
34
section
35A.16:
35
-15-
HF
2526
(9)
83
pf/jp/mb
15/
114
H.F.
2526
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
90,000
1
DIVISION
IV
2
DEPARTMENT
OF
HUMAN
SERVICES
3
Sec.
6.
TEMPORARY
ASSISTANCE
FOR
NEEDY
FAMILIES
BLOCK
4
GRANT.
There
is
appropriated
from
the
fund
created
in
section
5
8.41
to
the
department
of
human
services
for
the
fiscal
year
6
beginning
July
1,
2010,
and
ending
June
30,
2011,
from
moneys
7
received
under
the
federal
temporary
assistance
for
needy
8
families
(TANF)
block
grant
pursuant
to
the
federal
Personal
9
Responsibility
and
Work
Opportunity
Reconciliation
Act
of
1996,
10
Pub.
L.
No.
104-193,
and
successor
legislation,
and
from
moneys
11
received
under
the
emergency
contingency
fund
for
temporary
12
assistance
for
needy
families
state
program
established
13
pursuant
to
the
federal
American
Recovery
and
Reinvestment
Act
14
of
2009,
Pub.
L.
No.
111-5
§
2101,
and
successor
legislation,
15
the
following
amounts,
or
so
much
thereof
as
is
necessary,
to
16
be
used
for
the
purposes
designated:
17
1.
To
be
credited
to
the
family
investment
program
account
18
and
used
for
assistance
under
the
family
investment
program
19
under
chapter
239B:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
24,376,341
21
2.
To
be
credited
to
the
family
investment
program
account
22
and
used
for
the
job
opportunities
and
basic
skills
(JOBS)
23
program
and
implementing
family
investment
agreements
in
24
accordance
with
chapter
239B:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,411,528
26
Notwithstanding
section
8.33,
not
more
than
5
percent
of
27
the
moneys
designated
in
this
subsection
that
are
allocated
28
by
the
department
for
contracted
services,
other
than
29
family
self-sufficiency
grant
services
allocated
under
this
30
subsection,
that
remain
unencumbered
or
unobligated
at
the
31
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
32
available
for
expenditure
for
the
purposes
designated
until
33
the
close
of
the
succeeding
fiscal
year.
However,
unless
such
34
moneys
are
encumbered
or
obligated
on
or
before
September
30,
35
-16-
HF
2526
(9)
83
pf/jp/mb
16/
114
H.F.
2526
2011,
the
moneys
shall
revert.
1
3.
To
be
used
for
the
family
development
and
2
self-sufficiency
grant
program
in
accordance
with
section
3
216A.107:
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,898,980
5
Notwithstanding
section
8.33,
moneys
appropriated
in
this
6
subsection
that
remain
unencumbered
or
unobligated
at
the
close
7
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
8
for
expenditure
for
the
purposes
designated
until
the
close
of
9
the
succeeding
fiscal
year.
However,
unless
such
moneys
are
10
encumbered
or
obligated
on
or
before
September
30,
2011,
the
11
moneys
shall
revert.
12
4.
For
field
operations:
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
31,296,232
14
5.
For
general
administration:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,744,000
16
6.
For
state
child
care
assistance:
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
16,382,687
18
The
funds
appropriated
in
this
subsection
shall
be
19
transferred
to
the
child
care
and
development
block
grant
20
appropriation
made
by
the
Eighty-third
General
Assembly,
2010
21
Session,
for
the
federal
fiscal
year
beginning
October
1,
22
2010,
and
ending
September
30,
2011.
Of
this
amount,
$200,000
23
shall
be
used
for
provision
of
educational
opportunities
to
24
registered
child
care
home
providers
in
order
to
improve
25
services
and
programs
offered
by
this
category
of
providers
26
and
to
increase
the
number
of
providers.
The
department
may
27
contract
with
institutions
of
higher
education
or
child
care
28
resource
and
referral
centers
to
provide
the
educational
29
opportunities.
Allowable
administrative
costs
under
the
30
contracts
shall
not
exceed
5
percent.
The
application
for
a
31
grant
shall
not
exceed
two
pages
in
length.
32
7.
For
mental
health
and
developmental
disabilities
33
community
services:
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,894,052
35
-17-
HF
2526
(9)
83
pf/jp/mb
17/
114
H.F.
2526
8.
For
child
and
family
services:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,084,430
2
9.
For
child
abuse
prevention
grants:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
125,000
4
10.
For
pregnancy
prevention
grants
on
the
condition
that
5
family
planning
services
are
funded:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,930,067
7
Pregnancy
prevention
grants
shall
be
awarded
to
programs
8
in
existence
on
or
before
July
1,
2010,
if
the
programs
are
9
comprehensive
in
scope
and
have
demonstrated
positive
outcomes.
10
Grants
shall
be
awarded
to
pregnancy
prevention
programs
11
which
are
developed
after
July
1,
2010,
if
the
programs
are
12
comprehensive
in
scope
and
are
based
on
existing
models
that
13
have
demonstrated
positive
outcomes.
Grants
shall
comply
with
14
the
requirements
provided
in
1997
Iowa
Acts,
chapter
208,
15
section
14,
subsections
1
and
2,
including
the
requirement
that
16
grant
programs
must
emphasize
sexual
abstinence.
Priority
in
17
the
awarding
of
grants
shall
be
given
to
programs
that
serve
18
areas
of
the
state
which
demonstrate
the
highest
percentage
of
19
unplanned
pregnancies
of
females
of
childbearing
age
within
the
20
geographic
area
to
be
served
by
the
grant.
21
11.
For
technology
needs
and
other
resources
necessary
22
to
meet
federal
welfare
reform
reporting,
tracking,
and
case
23
management
requirements:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,037,186
25
12.
To
be
credited
to
the
state
child
care
assistance
26
appropriation
made
in
this
section
to
be
used
for
funding
of
27
community-based
early
childhood
programs
targeted
to
children
28
from
birth
through
five
years
of
age
developed
by
community
29
empowerment
areas
as
provided
in
section
28.9:
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,350,000
31
The
department
shall
transfer
TANF
block
grant
funding
32
appropriated
and
allocated
in
this
subsection
to
the
child
care
33
and
development
block
grant
appropriation
in
accordance
with
34
federal
law
as
necessary
to
comply
with
the
provisions
of
this
35
-18-
HF
2526
(9)
83
pf/jp/mb
18/
114
H.F.
2526
subsection.
1
13.
a.
Notwithstanding
any
provision
to
the
contrary,
2
including
but
not
limited
to
requirements
in
section
8.41
or
3
provisions
in
2009
or
2010
Iowa
Acts
regarding
the
receipt
4
and
appropriation
of
federal
block
grants,
federal
funds
5
from
the
emergency
contingency
fund
for
temporary
assistance
6
for
needy
families
state
program
established
pursuant
to
the
7
federal
American
Recovery
and
Reinvestment
Act
of
2009,
Pub.
8
L.
No.
115-5
§
2101,
received
by
the
state
during
the
fiscal
9
year
beginning
July
1,
2009,
and
ending
June
30,
2010,
not
10
otherwise
appropriated
in
this
section
and
remaining
available
11
as
of
July
1,
2010,
and
received
by
the
state
during
the
fiscal
12
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
are
13
appropriated
to
the
extent
as
may
be
necessary
to
be
used
14
in
the
following
priority
order:
continuation
of
the
grant
15
addressed
in
paragraph
“b”,
the
family
investment
program
for
16
the
fiscal
year,
and
for
state
child
care
assistance
program
17
payments
for
individuals
enrolled
in
the
family
investment
18
program
who
are
employed.
The
federal
funds
appropriated
in
19
this
paragraph
“a”
shall
be
expended
only
after
all
other
20
funds
appropriated
in
subsection
1
for
the
assistance
under
21
the
family
investment
program
under
chapter
239B
have
been
22
expended.
23
b.
(1)
Of
the
funds
appropriated
in
paragraph
“a”,
$200,000
24
shall
be
used
for
continuation
of
a
grant
to
an
Iowa-based
25
nonprofit
organization
with
a
history
of
providing
tax
26
preparation
assistance
to
low-income
Iowans
in
order
to
expand
27
the
usage
of
the
earned
income
tax
credit.
The
purpose
of
the
28
grant
is
to
supply
this
assistance
to
underserved
areas
of
the
29
state.
The
grant
shall
be
provided
to
an
organization
that
30
has
existing
national
foundation
support
for
supplying
such
31
assistance
that
can
also
secure
local
charitable
match
funding.
32
(2)
The
general
assembly
supports
efforts
by
the
33
organization
receiving
funding
under
this
lettered
paragraph
to
34
create
a
statewide
earned
income
tax
credit
and
asset-building
35
-19-
HF
2526
(9)
83
pf/jp/mb
19/
114
H.F.
2526
coalition
to
achieve
both
of
the
following
purposes:
1
(a)
Expanding
the
usage
of
the
tax
credit
through
new
2
and
enhanced
outreach
and
marketing
strategies,
as
well
as
3
identifying
new
local
sites
and
human
and
financial
resources.
4
(b)
Assessing
and
recommending
various
strategies
5
for
Iowans
to
develop
assets
through
savings,
individual
6
development
accounts,
financial
literacy,
antipredatory
lending
7
initiatives,
informed
home
ownership,
use
of
various
forms
of
8
support
for
work,
and
microenterprise
business
development
9
targeted
to
persons
who
are
self-employed
or
have
fewer
than
10
five
employees.
11
c.
The
department
shall,
on
a
quarterly
basis,
advise
the
12
legislative
services
agency
and
department
of
management
of
13
the
amount
of
funds
appropriated
in
this
subsection
that
was
14
expended
in
the
prior
quarter.
15
d.
(1)
To
the
extent
other
federal
funding
is
not
available
16
for
summer
youth
programs
administered
by
the
department
of
17
workforce
development
and
provided
the
match
requirement
is
18
met
through
the
employment
programs,
in
addition
to
the
amount
19
appropriated
in
paragraph
“a”,
funding
is
appropriated
from
the
20
same
source
and
for
the
same
fiscal
year
addressed
in
paragraph
21
“a”,
to
the
department
of
human
services
to
be
used
for
summer
22
youth
employment
programs
administered
by
the
department
of
23
workforce
development
for
the
fiscal
year
beginning
July
1,
24
2010,
in
accordance
with
the
requirements
of
this
lettered
25
paragraph.
26
(2)
The
department
of
human
services
shall
collaborate
27
with
the
department
of
workforce
development
to
secure
28
additional
federal
funds
from
the
emergency
contingency
fund
29
for
the
temporary
assistance
for
needy
families
state
program
30
established
pursuant
to
the
federal
American
Recovery
and
31
Reinvestment
Act
of
2009,
Pub.
L.
No.
115-5
§
2101.
This
32
collaboration
shall
be
for
the
express
limited
purpose
of
33
securing
emergency
contingency
funds
to
subsidize
wages
34
paid
on
behalf
of
individuals
participating
in
the
summer
35
-20-
HF
2526
(9)
83
pf/jp/mb
20/
114
H.F.
2526
youth
employment
program
administered
by
the
department
of
1
workforce
development.
Subsidized
wages
shall
be
eligible
for
2
reimbursement
under
the
terms
of
the
federal
American
Recovery
3
and
Reinvestment
Act
of
2009,
Pub.
L.
No.
115-5
§
2101,
or
4
successor
legislation,
which
may
extend
the
availability
of
5
emergency
contingency
funds.
The
collaboration
between
the
two
6
agencies
shall
be
formalized
through
a
memorandum
of
agreement.
7
(3)
Federal
funds
received
as
the
result
of
this
8
collaboration
shall
be
transferred
to
the
department
of
9
workforce
development
for
the
sole
purpose
of
covering
the
10
costs
of
wages
paid
on
behalf
of
individuals
participating
11
in
the
summer
youth
employment
program
administered
by
the
12
department
of
workforce
development.
The
department
of
13
workforce
development
shall
ensure
that
all
expenditures
14
comply
with
applicable
federal
requirements
and
shall
be
15
responsible
for
the
repayment
of
any
funds
spent
in
error
and
16
any
corresponding
penalty
as
well
as
taking
corrective
action
17
to
address
the
error.
Funds
received
in
excess
of
the
amount
18
of
subsidized
wages
eligible
for
reimbursement
under
the
terms
19
of
the
federal
American
Recovery
and
Reinvestment
Act
of
2009,
20
Pub.
L.
No.
115-5
§
2101,
or
successor
legislation,
which
may
21
extend
the
availability
of
emergency
contingency
funds,
shall
22
be
returned
by
the
department
of
workforce
development
to
23
the
federal
government
following
procedures
developed
by
the
24
federal
temporary
assistance
for
needy
families
agency
for
that
25
purpose.
26
(4)
The
department
of
workforce
development
shall
provide
27
the
department
of
human
services
with
the
necessary
information
28
to
support
the
request
for
emergency
contingency
funds
and
to
29
report
the
expenditure
of
these
funds
once
received
pursuant
to
30
federal
reporting
requirements.
The
responsibilities
of
both
31
agencies
shall
be
specified
in
the
memorandum
of
agreement.
32
14.
Of
the
amounts
appropriated
in
this
section,
33
$12,962,008
for
the
fiscal
year
beginning
July
1,
2010,
shall
34
be
transferred
to
the
appropriation
of
the
federal
social
35
-21-
HF
2526
(9)
83
pf/jp/mb
21/
114
H.F.
2526
services
block
grant
made
for
that
fiscal
year.
1
15.
The
department
may
transfer
funds
allocated
in
this
2
section
to
the
appropriations
made
in
this
Act
for
general
3
administration
and
field
operations
for
resources
necessary
to
4
implement
and
operate
the
services
referred
to
in
this
section
5
and
those
funded
in
the
appropriation
made
in
this
division
of
6
this
Act
for
the
family
investment
program
from
the
general
7
fund
of
the
state.
8
Sec.
7.
FAMILY
INVESTMENT
PROGRAM
ACCOUNT.
9
1.
Moneys
credited
to
the
family
investment
program
(FIP)
10
account
for
the
fiscal
year
beginning
July
1,
2010,
and
11
ending
June
30,
2011,
shall
be
used
to
provide
assistance
in
12
accordance
with
chapter
239B.
13
2.
The
department
may
use
a
portion
of
the
moneys
credited
14
to
the
FIP
account
under
this
section
as
necessary
for
15
salaries,
support,
maintenance,
and
miscellaneous
purposes.
16
3.
The
department
may
transfer
funds
allocated
in
17
this
section
to
the
appropriations
in
this
Act
for
general
18
administration
and
field
operations
for
resources
necessary
to
19
implement
and
operate
the
services
referred
to
in
this
section
20
and
those
funded
in
the
appropriation
made
in
this
division
of
21
this
Act
for
the
family
investment
program
from
the
general
22
fund
of
the
state.
23
4.
Moneys
appropriated
in
this
division
of
this
Act
and
24
credited
to
the
FIP
account
for
the
fiscal
year
beginning
July
25
1,
2010,
and
ending
June
30,
2011,
are
allocated
as
follows:
26
a.
To
be
retained
by
the
department
of
human
services
to
27
be
used
for
coordinating
with
the
department
of
human
rights
28
to
more
effectively
serve
participants
in
the
FIP
program
and
29
other
shared
clients
and
to
meet
federal
reporting
requirements
30
under
the
federal
temporary
assistance
for
needy
families
block
31
grant:
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20,000
33
b.
To
the
department
of
human
rights
for
staffing,
34
administration,
and
implementation
of
the
family
development
35
-22-
HF
2526
(9)
83
pf/jp/mb
22/
114
H.F.
2526
and
self-sufficiency
grant
program
in
accordance
with
section
1
216A.107:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,397,251
3
(1)
Of
the
funds
allocated
for
the
family
development
and
4
self-sufficiency
grant
program
in
this
lettered
paragraph,
5
not
more
than
5
percent
of
the
funds
shall
be
used
for
the
6
administration
of
the
grant
program.
7
(2)
The
department
of
human
rights
may
continue
to
implement
8
the
family
development
and
self-sufficiency
grant
program
9
statewide
during
fiscal
year
2010-2011.
10
c.
For
the
diversion
subaccount
of
the
FIP
account:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,698,400
12
A
portion
of
the
moneys
allocated
for
the
subaccount
may
13
be
used
for
field
operations
salaries,
data
management
system
14
development,
and
implementation
costs
and
support
deemed
15
necessary
by
the
director
of
human
services
in
order
to
16
administer
the
FIP
diversion
program.
17
d.
For
the
food
stamp
employment
and
training
program:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
68,059
19
(1)
The
department
shall
amend
the
food
stamp
employment
and
20
training
state
plan
in
order
to
maximize
to
the
fullest
extent
21
permitted
by
federal
law
the
use
of
the
50-50
match
provisions
22
for
the
claiming
of
allowable
federal
matching
funds
from
the
23
United
States
department
of
agriculture
pursuant
to
the
federal
24
food
stamp
employment
and
training
program
for
providing
25
education,
employment,
and
training
services
for
eligible
food
26
assistance
program
participants,
including
but
not
limited
to
27
related
dependent
care
and
transportation
expenses.
28
(2)
The
department
shall
utilize
additional
funding
29
available
through
Pub.
L.
No.
111
—
118,
§
1001
for
related
30
administrative
costs
as
necessary
to
expand
categorical
31
federal
food
assistance
program
eligibility
provisions
to
32
160
percent
of
the
federal
poverty
level
and
eliminate
the
33
asset
test
from
eligibility
requirements,
consistent
with
34
federal
food
assistance
program
requirements.
The
department
35
-23-
HF
2526
(9)
83
pf/jp/mb
23/
114
H.F.
2526
shall
design
the
expanded
eligibility
provisions
to
include
1
as
many
food
assistance
households
as
is
allowed
by
federal
2
law.
The
eligibility
provisions
shall
conform
to
all
federal
3
requirements
including
requirements
addressing
individuals
who
4
are
incarcerated
or
otherwise
ineligible.
5
e.
For
the
JOBS
program:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
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.
.
.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
20,652,993
7
5.
Of
the
child
support
collections
assigned
under
FIP,
8
an
amount
equal
to
the
federal
share
of
support
collections
9
shall
be
credited
to
the
child
support
recovery
appropriation
10
made
in
this
division
of
this
Act.
Of
the
remainder
of
the
11
assigned
child
support
collections
received
by
the
child
12
support
recovery
unit,
a
portion
shall
be
credited
to
the
FIP
13
account,
a
portion
may
be
used
to
increase
recoveries,
and
a
14
portion
may
be
used
to
sustain
cash
flow
in
the
child
support
15
payments
account.
If
as
a
consequence
of
the
appropriations
16
and
allocations
made
in
this
section
the
resulting
amounts
17
are
insufficient
to
sustain
cash
assistance
payments
and
meet
18
federal
maintenance
of
effort
requirements,
the
department
19
shall
seek
supplemental
funding.
If
child
support
collections
20
assigned
under
FIP
are
greater
than
estimated
or
are
otherwise
21
determined
not
to
be
required
for
maintenance
of
effort,
the
22
state
share
of
either
amount
may
be
transferred
to
or
retained
23
in
the
child
support
payment
account.
24
6.
The
department
may
adopt
emergency
rules
for
the
family
25
investment,
JOBS,
food
stamp,
and
medical
assistance
programs
26
if
necessary
to
comply
with
federal
requirements.
27
Sec.
8.
FAMILY
INVESTMENT
PROGRAM
GENERAL
FUND.
There
28
is
appropriated
from
the
general
fund
of
the
state
to
the
29
department
of
human
services
for
the
fiscal
year
beginning
July
30
1,
2010,
and
ending
June
30,
2011,
the
following
amount,
or
31
so
much
thereof
as
is
necessary,
to
be
used
for
the
purpose
32
designated:
33
To
be
credited
to
the
family
investment
program
(FIP)
34
account
and
used
for
family
investment
program
assistance
under
35
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114
H.F.
2526
chapter
239B:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
31,735,539
2
1.
Of
the
funds
appropriated
in
this
section,
$8,241,465
is
3
allocated
for
the
JOBS
program.
4
2.
Of
the
funds
appropriated
in
this
section,
$2,518,271
is
5
allocated
for
the
family
development
and
self-sufficiency
grant
6
program.
7
3.
Notwithstanding
section
8.39,
for
the
fiscal
year
8
beginning
July
1,
2010,
if
necessary
to
meet
federal
9
maintenance
of
effort
requirements
or
to
transfer
federal
10
temporary
assistance
for
needy
families
block
grant
funding
11
to
be
used
for
purposes
of
the
federal
social
services
block
12
grant
or
to
meet
cash
flow
needs
resulting
from
delays
in
13
receiving
federal
funding
or
to
implement,
in
accordance
with
14
this
division
of
this
Act,
activities
currently
funded
with
15
juvenile
court
services,
county,
or
community
moneys
and
state
16
moneys
used
in
combination
with
such
moneys,
the
department
17
of
human
services
may
transfer
funds
within
or
between
any
18
of
the
appropriations
made
in
this
division
of
this
Act
and
19
appropriations
in
law
for
the
federal
social
services
block
20
grant
to
the
department
for
the
following
purposes,
provided
21
that
the
combined
amount
of
state
and
federal
temporary
22
assistance
for
needy
families
block
grant
funding
for
each
23
appropriation
remains
the
same
before
and
after
the
transfer:
24
a.
For
the
family
investment
program.
25
b.
For
child
care
assistance.
26
c.
For
child
and
family
services.
27
d.
For
field
operations.
28
e.
For
general
administration.
29
f.
MH/MR/DD/BI
community
services
(local
purchase).
30
This
subsection
shall
not
be
construed
to
prohibit
the
use
31
of
existing
state
transfer
authority
for
other
purposes.
The
32
department
shall
report
any
transfers
made
pursuant
to
this
33
subsection
to
the
legislative
services
agency.
34
Sec.
9.
CHILD
SUPPORT
RECOVERY.
There
is
appropriated
35
-25-
HF
2526
(9)
83
pf/jp/mb
25/
114
H.F.
2526
from
the
general
fund
of
the
state
to
the
department
of
human
1
services
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
2
June
30,
2011,
the
following
amount,
or
so
much
thereof
as
is
3
necessary,
to
be
used
for
the
purposes
designated:
4
For
child
support
recovery,
including
salaries,
support,
5
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
6
the
following
full-time
equivalent
positions:
7
.
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.
.
.
.
.
.
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
11,877,414
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
520.00
9
1.
The
department
shall
expend
up
to
$24,329,
including
10
federal
financial
participation,
for
the
fiscal
year
beginning
11
July
1,
2010,
for
a
child
support
public
awareness
campaign.
12
The
department
and
the
office
of
the
attorney
general
shall
13
cooperate
in
continuation
of
the
campaign.
The
public
14
awareness
campaign
shall
emphasize,
through
a
variety
of
15
media
activities,
the
importance
of
maximum
involvement
of
16
both
parents
in
the
lives
of
their
children
as
well
as
the
17
importance
of
payment
of
child
support
obligations.
18
2.
Federal
access
and
visitation
grant
moneys
shall
be
19
issued
directly
to
private
not-for-profit
agencies
that
provide
20
services
designed
to
increase
compliance
with
the
child
access
21
provisions
of
court
orders,
including
but
not
limited
to
22
neutral
visitation
sites
and
mediation
services.
23
3.
The
appropriation
made
to
the
department
for
child
24
support
recovery
may
be
used
throughout
the
fiscal
year
in
the
25
manner
necessary
for
purposes
of
cash
flow
management,
and
for
26
cash
flow
management
purposes
the
department
may
temporarily
27
draw
more
than
the
amount
appropriated,
provided
the
amount
28
appropriated
is
not
exceeded
at
the
close
of
the
fiscal
year.
29
4.
With
the
exception
of
the
funding
amount
specified,
30
the
requirements
established
under
2001
Iowa
Acts,
chapter
31
191,
section
3,
subsection
5,
paragraph
“c”,
subparagraph
(3),
32
shall
be
applicable
to
parental
obligation
pilot
projects
for
33
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
34
2011.
Notwithstanding
441
IAC
100.8,
as
in
effect
on
June
30,
35
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2526
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83
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114
H.F.
2526
2009,
providing
for
termination
of
rules
relating
to
the
pilot
1
projects
the
earlier
of
October
1,
2006,
or
when
legislative
2
authority
is
discontinued,
the
rules
relating
to
the
pilot
3
projects,
as
in
effect
on
June
30,
2009,
shall
remain
in
effect
4
until
June
30,
2011.
5
Sec.
10.
HEALTH
CARE
TRUST
FUND
——
MEDICAL
ASSISTANCE.
Any
6
funds
remaining
in
the
health
care
trust
fund
created
in
7
section
453A.35A
for
the
fiscal
year
beginning
July
1,
2010,
8
and
ending
June
30,
2011,
are
appropriated
to
the
department
9
of
human
services
to
supplement
the
medical
assistance
program
10
appropriations
made
in
this
Act,
for
medical
assistance
11
reimbursement
and
associated
costs,
including
program
12
administration
and
costs
associated
with
implementation.
13
Sec.
11.
MEDICAL
ASSISTANCE.
There
is
appropriated
from
the
14
general
fund
of
the
state
to
the
department
of
human
services
15
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
16
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
17
to
be
used
for
the
purpose
designated:
18
For
medical
assistance
reimbursement
and
associated
costs
19
as
specifically
provided
in
the
reimbursement
methodologies
20
in
effect
on
June
30,
2010,
except
as
otherwise
expressly
21
authorized
by
law,
including
reimbursement
for
abortion
22
services
which
shall
be
available
under
the
medical
assistance
23
program
only
for
those
abortions
which
are
medically
necessary:
24
.
.
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.
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.
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.
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.
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.
.
.
.
.
.
.
.
.
.
.
.
$418,921,344
25
1.
Medically
necessary
abortions
are
those
performed
under
26
any
of
the
following
conditions:
27
a.
The
attending
physician
certifies
that
continuing
the
28
pregnancy
would
endanger
the
life
of
the
pregnant
woman.
29
b.
The
attending
physician
certifies
that
the
fetus
is
30
physically
deformed,
mentally
deficient,
or
afflicted
with
a
31
congenital
illness.
32
c.
The
pregnancy
is
the
result
of
a
rape
which
is
reported
33
within
45
days
of
the
incident
to
a
law
enforcement
agency
or
34
public
or
private
health
agency
which
may
include
a
family
35
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114
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2526
physician.
1
d.
The
pregnancy
is
the
result
of
incest
which
is
reported
2
within
150
days
of
the
incident
to
a
law
enforcement
agency
3
or
public
or
private
health
agency
which
may
include
a
family
4
physician.
5
e.
Any
spontaneous
abortion,
commonly
known
as
a
6
miscarriage,
if
not
all
of
the
products
of
conception
are
7
expelled.
8
2.
The
department
shall
utilize
not
more
than
$60,000
of
9
the
funds
appropriated
in
this
section
to
continue
the
AIDS/HIV
10
health
insurance
premium
payment
program
as
established
in
1992
11
Iowa
Acts,
Second
Extraordinary
Session,
chapter
1001,
section
12
409,
subsection
6.
Of
the
funds
allocated
in
this
subsection,
13
not
more
than
$5,000
may
be
expended
for
administrative
14
purposes.
15
3.
Of
the
funds
appropriated
in
this
Act
to
the
department
16
of
public
health
for
addictive
disorders,
$950,000
for
the
17
fiscal
year
beginning
July
1,
2010,
shall
be
transferred
to
18
the
department
of
human
services
for
an
integrated
substance
19
abuse
managed
care
system.
The
department
shall
not
assume
20
management
of
the
substance
abuse
system
in
place
of
the
21
managed
care
contractor
unless
such
a
change
in
approach
is
22
specifically
authorized
in
law.
The
departments
of
human
23
services
and
public
health
shall
work
together
to
maintain
24
the
level
of
mental
health
and
substance
abuse
services
25
provided
by
the
managed
care
contractor
through
the
Iowa
plan
26
for
behavioral
health.
Each
department
shall
take
the
steps
27
necessary
to
continue
the
federal
waivers
as
necessary
to
28
maintain
the
level
of
services.
29
4.
a.
The
department
shall
aggressively
pursue
options
for
30
providing
medical
assistance
or
other
assistance
to
individuals
31
with
special
needs
who
become
ineligible
to
continue
receiving
32
services
under
the
early
and
periodic
screening,
diagnosis,
and
33
treatment
program
under
the
medical
assistance
program
due
to
34
becoming
21
years
of
age
who
have
been
approved
for
additional
35
-28-
HF
2526
(9)
83
pf/jp/mb
28/
114
H.F.
2526
assistance
through
the
department’s
exception
to
policy
1
provisions,
but
who
have
health
care
needs
in
excess
of
the
2
funding
available
through
the
exception
to
policy
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,
diagnosis,
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
5.
Of
the
funds
appropriated
in
this
section,
up
to
18
$3,050,082
may
be
transferred
to
the
field
operations
19
or
general
administration
appropriations
in
this
Act
for
20
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
6.
Of
the
funds
appropriated
in
this
section,
not
more
24
than
$166,600
shall
be
used
to
enhance
outreach
efforts.
The
25
department
may
transfer
funds
allocated
in
this
subsection
to
26
the
appropriations
in
this
division
of
this
Act
for
general
27
administration,
the
children’s
health
insurance
program,
or
28
medical
contracts,
as
necessary,
to
implement
the
outreach
29
efforts.
30
7.
Of
the
funds
appropriated
in
this
section,
up
to
$442,100
31
may
be
transferred
to
the
appropriation
in
this
Act
for
medical
32
contracts
to
be
used
for
clinical
assessment
services
related
33
to
remedial
services
in
accordance
with
federal
law.
34
8.
A
portion
of
the
funds
appropriated
in
this
section
35
-29-
HF
2526
(9)
83
pf/jp/mb
29/
114
H.F.
2526
may
be
transferred
to
the
appropriations
in
this
division
of
1
this
Act
for
general
administration,
medical
contracts,
the
2
children’s
health
insurance
program,
or
field
operations
to
be
3
used
for
the
state
match
cost
to
comply
with
the
payment
error
4
rate
measurement
(PERM)
program
for
both
the
medical
assistance
5
and
children’s
health
insurance
programs
as
developed
by
the
6
centers
for
Medicare
and
Medicaid
services
of
the
United
States
7
department
of
health
and
human
services
to
comply
with
the
8
federal
Improper
Payments
Information
Act
of
2002,
Pub.
L.
No.
9
107-300.
10
9.
It
is
the
intent
of
the
general
assembly
that
the
11
department
continue
to
implement
the
recommendations
of
12
the
assuring
better
child
health
and
development
initiative
13
II
(ABCDII)
clinical
panel
to
the
Iowa
early
and
periodic
14
screening,
diagnostic,
and
treatment
services
healthy
mental
15
development
collaborative
board
regarding
changes
to
billing
16
procedures,
codes,
and
eligible
service
providers.
17
10.
Of
the
funds
appropriated
in
this
section,
a
sufficient
18
amount
is
allocated
to
supplement
the
incomes
of
residents
of
19
nursing
facilities,
intermediate
care
facilities
for
persons
20
with
mental
illness,
and
intermediate
care
facilities
for
21
persons
with
mental
retardation,
with
incomes
of
less
than
$50
22
in
the
amount
necessary
for
the
residents
to
receive
a
personal
23
needs
allowance
of
$50
per
month
pursuant
to
section
249A.30A.
24
11.
Of
the
funds
appropriated
in
this
section,
the
following
25
amounts
shall
be
transferred
to
the
appropriations
made
in
this
26
division
of
this
Act
for
the
state
mental
health
institutes:
27
a.
Cherokee
mental
health
institute
..........
$
9,098,425
28
b.
Clarinda
mental
health
institute
..........
$
1,977,305
29
c.
Independence
mental
health
institute
......
$
9,045,894
30
d.
Mount
Pleasant
mental
health
institute
....
$
5,752,587
31
12.
a.
Of
the
funds
appropriated
in
this
section,
32
$7,108,069
is
allocated
for
the
state
match
for
a
33
disproportionate
share
hospital
payment
of
$19,133,430
to
34
hospitals
that
meet
both
of
the
conditions
specified
in
35
-30-
HF
2526
(9)
83
pf/jp/mb
30/
114
H.F.
2526
subparagraphs
(1)
and
(2).
In
addition,
the
hospitals
that
1
meet
the
conditions
specified
shall
either
certify
public
2
expenditures
or
transfer
to
the
medical
assistance
program
3
an
amount
equal
to
provide
the
nonfederal
share
for
a
4
disproportionate
share
hospital
payment
of
$7,500,000.
The
5
hospitals
that
meet
the
conditions
specified
shall
receive
and
6
retain
100
percent
of
the
total
disproportionate
share
hospital
7
payment
of
$26,633,430.
8
(1)
The
hospital
qualifies
for
disproportionate
share
and
9
graduate
medical
education
payments.
10
(2)
The
hospital
is
an
Iowa
state-owned
hospital
with
more
11
than
500
beds
and
eight
or
more
distinct
residency
specialty
12
or
subspecialty
programs
recognized
by
the
American
college
of
13
graduate
medical
education.
14
b.
Distribution
of
the
disproportionate
share
payments
15
shall
be
made
on
a
monthly
basis.
The
total
amount
of
16
disproportionate
share
payments
including
graduate
medical
17
education,
enhanced
disproportionate
share,
and
Iowa
18
state-owned
teaching
hospital
payments
shall
not
exceed
the
19
amount
of
the
state’s
allotment
under
Pub.
L.
No.
102-234.
20
In
addition,
the
total
amount
of
all
disproportionate
21
share
payments
shall
not
exceed
the
hospital-specific
22
disproportionate
share
limits
under
Pub.
L.
No.
103-66.
23
13.
The
university
of
Iowa
hospitals
and
clinics
shall
24
either
certify
public
expenditures
or
transfer
to
the
medical
25
assistance
appropriation
an
amount
equal
to
provide
the
26
nonfederal
share
for
increased
medical
assistance
payments
for
27
inpatient
hospital
services
of
$7,500,000.
The
university
of
28
Iowa
hospitals
and
clinics
shall
receive
and
retain
100
percent
29
of
the
total
increase
in
medical
assistance
payments.
30
14.
Of
the
funds
appropriated
in
this
section,
up
to
31
$4,601,848
may
be
transferred
to
the
IowaCare
account
created
32
in
section
249J.24.
33
15.
Of
the
funds
appropriated
in
this
section,
$200,000
34
shall
be
used
for
the
Iowa
chronic
care
consortium
pursuant
to
35
-31-
HF
2526
(9)
83
pf/jp/mb
31/
114
H.F.
2526
2003
Iowa
Acts,
chapter
112,
section
12,
as
amended
by
2003
1
Iowa
Acts,
chapter
179,
sections
166
and
167.
2
16.
One
hundred
percent
of
the
nonfederal
share
of
payments
3
to
area
education
agencies
that
are
medical
assistance
4
providers
for
medical
assistance-covered
services
provided
to
5
medical
assistance-covered
children,
shall
be
made
from
the
6
appropriation
made
in
this
section.
7
17.
Any
new
or
renewed
contract
entered
into
by
the
8
department
with
a
third
party
to
administer
behavioral
health
9
services
under
the
medical
assistance
program
shall
provide
10
that
any
interest
earned
on
payments
from
the
state
during
11
the
state
fiscal
year
shall
be
remitted
to
the
department
12
and
treated
as
recoveries
to
offset
the
costs
of
the
medical
13
assistance
program.
14
18.
The
department
shall
continue
to
implement
the
15
provisions
in
2007
Iowa
Acts,
chapter
218,
section
124
and
16
section
126,
as
amended
by
2008
Iowa
Acts,
chapter
1188,
17
section
55,
relating
to
eligibility
for
certain
persons
with
18
disabilities
under
the
medical
assistance
program
in
accordance
19
with
the
federal
family
opportunity
Act.
20
19.
A
portion
of
the
funds
appropriated
in
this
section
21
may
be
transferred
to
the
appropriation
in
this
division
of
22
this
Act
for
medical
contracts
to
be
used
for
administrative
23
activities
associated
with
the
money
follows
the
person
24
demonstration
project.
25
20.
Notwithstanding
section
8.33,
the
portion
of
the
26
funds
appropriated
in
this
section
that
is
the
result
of
the
27
application
of
the
increased
federal
medical
assistance
match
28
percentage
under
the
federal
American
Recovery
and
Reinvestment
29
Act
of
2009,
to
the
amount
the
state
pays
the
federal
30
government
as
required
under
the
federal
Medicare
Prescription
31
Drug
Improvement
and
Modernization
Act
of
2003,
known
as
32
clawback
payments,
for
the
period
October
1,
2008,
through
33
December
31,
2010,
that
remains
unobligated
or
unencumbered
at
34
the
close
of
the
fiscal
year,
shall
not
revert
to
any
fund
but
35
-32-
HF
2526
(9)
83
pf/jp/mb
32/
114
H.F.
2526
shall
remain
available
for
expenditure
for
the
purposes
of
the
1
medical
assistance
program
until
the
close
of
the
succeeding
2
fiscal
year.
3
21.
The
department
may
transfer
any
savings
generated
4
due
to
medical
assistance
program
cost
containment
efforts
5
initiated
pursuant
to
2010
Iowa
Acts,
Senate
File
2088,
if
6
enacted,
or
executive
order
20,
issued
December
16,
2009,
to
7
the
medical
contracts
appropriation
made
in
this
division
of
8
this
Act
to
defray
the
increased
contract
costs
associated
with
9
implementing
such
efforts.
10
22.
The
department
shall
request
a
waiver
from
the
centers
11
for
Medicare
and
Medicaid
services
of
the
United
States
12
department
of
health
and
human
services
to
add
assisted
living
13
services
to
the
home
and
community-based
services
waiver
14
for
the
elderly
under
the
medical
assistance
program.
Upon
15
receipt
of
federal
approval
of
the
waiver,
the
department
shall
16
implement
assisted
living
as
a
service
within
the
home
and
17
community-based
services
elderly
waiver.
The
department
shall
18
adopt
rules
to
implement
the
approved
elderly
waiver
assisted
19
living
service.
20
23.
The
department
of
human
services
shall
convene
a
21
workgroup
with
the
department
of
inspections
and
appeals,
22
county
central
point
of
coordination
administrators,
affected
23
service
providers,
and
other
appropriate
interests
in
reviewing
24
the
various
regulatory
requirements
applicable
to
providers
of
25
mental
health
and
disability
services
paid
under
this
and
other
26
appropriations.
The
review
shall
encompass
federal,
state,
27
and
professional
requirements
applicable
to
the
providers.
28
The
workgroup
shall
identify
opportunities
for
streamlining
29
regulatory
requirements,
increasing
public
access
to
cost,
30
quality,
and
outcomes
information
within
the
system,
and
31
increasing
compliance
with
applicable
federal
health,
safety,
32
and
accountability
provisions.
The
workgroup
shall
hold
two
33
meetings
and
submit
a
report
on
or
before
December
15,
2010,
to
34
the
persons
designated
by
this
Act
for
submission
of
reports.
35
-33-
HF
2526
(9)
83
pf/jp/mb
33/
114
H.F.
2526
Sec.
12.
HEALTH
INSURANCE
PREMIUM
PAYMENT
PROGRAM.
There
1
is
appropriated
from
the
general
fund
of
the
state
to
the
2
department
of
human
services
for
the
fiscal
year
beginning
July
3
1,
2010,
and
ending
June
30,
2011,
the
following
amount,
or
4
so
much
thereof
as
is
necessary,
to
be
used
for
the
purpose
5
designated:
6
For
administration
of
the
health
insurance
premium
payment
7
program,
including
salaries,
support,
maintenance,
and
8
miscellaneous
purposes,
and
for
not
more
than
the
following
9
full-time
equivalent
positions:
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
457,210
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
19.00
12
Sec.
13.
MEDICAL
CONTRACTS.
There
is
appropriated
from
the
13
general
fund
of
the
state
to
the
department
of
human
services
14
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
15
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
16
to
be
used
for
the
purpose
designated:
17
For
medical
contracts,
including
salaries,
support,
18
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
19
the
following
full-time
equivalent
positions:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,683,668
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
6.00
22
The
department
of
inspections
and
appeals
shall
provide
all
23
state
matching
funds
for
survey
and
certification
activities
24
performed
by
the
department
of
inspections
and
appeals.
25
The
department
of
human
services
is
solely
responsible
for
26
distributing
the
federal
matching
funds
for
such
activities.
27
Sec.
14.
STATE
SUPPLEMENTARY
ASSISTANCE.
28
1.
There
is
appropriated
from
the
general
fund
of
the
29
state
to
the
department
of
human
services
for
the
fiscal
year
30
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
31
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
32
purpose
designated:
33
For
the
state
supplementary
assistance
program:
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
18,259,235
35
-34-
HF
2526
(9)
83
pf/jp/mb
34/
114
H.F.
2526
2.
The
department
shall
increase
the
personal
needs
1
allowance
for
residents
of
residential
care
facilities
by
the
2
same
percentage
and
at
the
same
time
as
federal
supplemental
3
security
income
and
federal
social
security
benefits
are
4
increased
due
to
a
recognized
increase
in
the
cost
of
living.
5
The
department
may
adopt
emergency
rules
to
implement
this
6
subsection.
7
3.
If
during
the
fiscal
year
beginning
July
1,
2010,
8
the
department
projects
that
state
supplementary
assistance
9
expenditures
for
a
calendar
year
will
not
meet
the
federal
10
pass-through
requirement
specified
in
Tit.
XVI
of
the
federal
11
Social
Security
Act,
section
1618,
as
codified
in
42
U.S.C.
12
§
1382g,
the
department
may
take
actions
including
but
not
13
limited
to
increasing
the
personal
needs
allowance
for
14
residential
care
facility
residents
and
making
programmatic
15
adjustments
or
upward
adjustments
of
the
residential
care
16
facility
or
in-home
health-related
care
reimbursement
rates
17
prescribed
in
this
division
of
this
Act
to
ensure
that
federal
18
requirements
are
met.
In
addition,
the
department
may
make
19
other
programmatic
and
rate
adjustments
necessary
to
remain
20
within
the
amount
appropriated
in
this
section
while
ensuring
21
compliance
with
federal
requirements.
The
department
may
adopt
22
emergency
rules
to
implement
the
provisions
of
this
subsection.
23
Sec.
15.
CHILDREN’S
HEALTH
INSURANCE
PROGRAM.
24
1.
There
is
appropriated
from
the
general
fund
of
the
25
state
to
the
department
of
human
services
for
the
fiscal
year
26
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
27
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
28
purpose
designated:
29
For
maintenance
of
the
healthy
and
well
kids
in
Iowa
(hawk-i)
30
program
pursuant
to
chapter
514I,
including
supplemental
dental
31
services,
for
receipt
of
federal
financial
participation
under
32
Tit.
XXI
of
the
federal
Social
Security
Act,
which
creates
the
33
children’s
health
insurance
program:
34
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
23,637,040
35
-35-
HF
2526
(9)
83
pf/jp/mb
35/
114
H.F.
2526
2.
Of
the
funds
appropriated
in
this
section,
$128,950
is
1
allocated
for
continuation
of
the
contract
for
advertising
and
2
outreach
with
the
department
of
public
health
and
$90,050
is
3
allocated
for
other
advertising
and
outreach.
4
3.
If
the
funds
appropriated
in
this
section
are
5
insufficient
to
cover
the
costs
of
both
full
coverage
services
6
and
supplemental
dental
services,
priority
in
expenditure
of
7
funds
shall
be
given
to
covering
the
costs
of
full
coverage
8
services.
9
Sec.
16.
CHILD
CARE
ASSISTANCE.
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,
2010,
and
ending
12
June
30,
2011,
the
following
amount,
or
so
much
thereof
as
is
13
necessary,
to
be
used
for
the
purpose
designated:
14
For
child
care
programs:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
32,325,964
16
1.
Of
the
funds
appropriated
in
this
section,
$30,956,537
17
shall
be
used
for
state
child
care
assistance
in
accordance
18
with
section
237A.13.
It
is
the
intent
of
the
general
assembly
19
to
appropriate
sufficient
funding
for
the
state
child
care
20
assistance
program
for
the
fiscal
year
beginning
July
1,
2010,
21
in
order
to
avoid
establishment
of
waiting
list
requirements
22
by
the
department
in
the
preceding
fiscal
year
in
anticipation
23
that
enhanced
funding
under
the
federal
American
Recovery
and
24
Reinvestment
Act
of
2009
will
not
be
replaced
for
the
fiscal
25
year
beginning
July
1,
2010.
26
2.
Nothing
in
this
section
shall
be
construed
or
is
27
intended
as
or
shall
imply
a
grant
of
entitlement
for
services
28
to
persons
who
are
eligible
for
assistance
due
to
an
income
29
level
consistent
with
the
waiting
list
requirements
of
section
30
237A.13.
Any
state
obligation
to
provide
services
pursuant
to
31
this
section
is
limited
to
the
extent
of
the
funds
appropriated
32
in
this
section.
33
3.
Of
the
funds
appropriated
in
this
section,
$432,453
is
34
allocated
for
the
statewide
program
for
child
care
resource
35
-36-
HF
2526
(9)
83
pf/jp/mb
36/
114
H.F.
2526
and
referral
services
under
section
237A.26.
A
list
of
the
1
registered
and
licensed
child
care
facilities
operating
in
the
2
area
served
by
a
child
care
resource
and
referral
service
shall
3
be
made
available
to
the
families
receiving
state
child
care
4
assistance
in
that
area.
5
4.
Of
the
funds
appropriated
in
this
section,
$936,974
6
is
allocated
for
child
care
quality
improvement
initiatives
7
including
but
not
limited
to
the
voluntary
quality
rating
8
system
in
accordance
with
section
237A.30.
9
5.
The
department
may
use
any
of
the
funds
appropriated
10
in
this
section
as
a
match
to
obtain
federal
funds
for
use
in
11
expanding
child
care
assistance
and
related
programs.
For
12
the
purpose
of
expenditures
of
state
and
federal
child
care
13
funding,
funds
shall
be
considered
obligated
at
the
time
14
expenditures
are
projected
or
are
allocated
to
the
department’s
15
service
areas.
Projections
shall
be
based
on
current
and
16
projected
caseload
growth,
current
and
projected
provider
17
rates,
staffing
requirements
for
eligibility
determination
18
and
management
of
program
requirements
including
data
systems
19
management,
staffing
requirements
for
administration
of
the
20
program,
contractual
and
grant
obligations
and
any
transfers
21
to
other
state
agencies,
and
obligations
for
decategorization
22
or
innovation
projects.
23
6.
A
portion
of
the
state
match
for
the
federal
child
care
24
and
development
block
grant
shall
be
provided
as
necessary
to
25
meet
federal
matching
funds
requirements
through
the
state
26
general
fund
appropriation
made
for
child
development
grants
27
and
other
programs
for
at-risk
children
in
section
279.51.
28
7.
If
a
uniform
reduction
ordered
by
the
governor
under
29
section
8.31
or
other
operation
of
law,
transfer,
or
federal
30
funding
reduction
reduces
the
appropriation
made
in
this
31
section
for
the
fiscal
year,
the
percentage
reduction
in
the
32
amount
paid
out
to
or
on
behalf
of
the
families
participating
33
in
the
state
child
care
assistance
program
shall
be
equal
to
or
34
less
than
the
percentage
reduction
made
for
any
other
purpose
35
-37-
HF
2526
(9)
83
pf/jp/mb
37/
114
H.F.
2526
payable
from
the
appropriation
made
in
this
section
and
the
1
federal
funding
relating
to
it.
If
there
is
an
unanticipated
2
increase
in
federal
funding
provided
for
state
child
care
3
assistance,
the
entire
amount
of
the
increase
shall
be
used
for
4
state
child
care
assistance
payments.
If
the
appropriations
5
made
for
purposes
of
the
state
child
care
assistance
program
6
for
the
fiscal
year
are
determined
to
be
insufficient,
it
is
7
the
intent
of
the
general
assembly
to
appropriate
sufficient
8
funding
for
the
fiscal
year
in
order
to
avoid
establishment
of
9
waiting
list
requirements.
10
8.
Notwithstanding
section
8.33,
moneys
appropriated
in
11
this
section
or
received
from
the
federal
appropriations
made
12
for
the
purposes
of
this
section
that
remain
unencumbered
or
13
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
14
to
any
fund
but
shall
remain
available
for
expenditure
for
the
15
purposes
designated
until
the
close
of
the
succeeding
fiscal
16
year.
17
Sec.
17.
JUVENILE
INSTITUTIONS.
There
is
appropriated
18
from
the
general
fund
of
the
state
to
the
department
of
human
19
services
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
20
June
30,
2011,
the
following
amounts,
or
so
much
thereof
as
is
21
necessary,
to
be
used
for
the
purposes
designated:
22
1.
For
operation
of
the
Iowa
juvenile
home
at
Toledo
and
for
23
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
24
for
not
more
than
the
following
full-time
equivalent
positions:
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,977,599
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
125.00
27
2.
For
operation
of
the
state
training
school
at
Eldora
and
28
for
salaries,
support,
maintenance,
and
miscellaneous
purposes,
29
and
for
not
more
than
the
following
full-time
equivalent
30
positions:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,851,062
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
202.70
33
3.
A
portion
of
the
moneys
appropriated
in
this
section
34
shall
be
used
by
the
state
training
school
and
by
the
Iowa
35
-38-
HF
2526
(9)
83
pf/jp/mb
38/
114
H.F.
2526
juvenile
home
for
grants
for
adolescent
pregnancy
prevention
1
activities
at
the
institutions
in
the
fiscal
year
beginning
2
July
1,
2010.
3
Sec.
18.
EDUCATIONAL
EXPENSES
AT
INSTITUTIONS.
There
4
is
appropriated
from
the
general
fund
of
the
state
to
the
5
department
of
human
services
for
the
fiscal
year
beginning
July
6
1,
2010,
and
ending
June
30,
2011,
the
following
amount,
or
7
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
8
designated:
9
For
distribution
to
licensed
classroom
teachers
at
10
institutions
under
the
control
of
the
department
of
human
11
services
based
upon
the
average
student
yearly
enrollment
at
12
each
institution
as
determined
by
the
department
of
human
13
services:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
103,950
15
Sec.
19.
CHILD
AND
FAMILY
SERVICES.
16
1.
There
is
appropriated
from
the
general
fund
of
the
17
state
to
the
department
of
human
services
for
the
fiscal
year
18
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
19
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
20
purpose
designated:
21
For
child
and
family
services:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
79,593,023
23
2.
In
order
to
address
a
reduction
of
$5,200,000
from
the
24
amount
allocated
under
the
appropriation
made
for
the
purposes
25
of
this
section
in
prior
years
for
purposes
of
juvenile
26
delinquent
graduated
sanction
services,
up
to
$5,200,000
of
the
27
amount
of
federal
temporary
assistance
for
needy
families
block
28
grant
funding
appropriated
in
this
division
of
this
Act
for
29
child
and
family
services
shall
be
made
available
for
purposes
30
of
juvenile
delinquent
graduated
sanction
services.
31
3.
The
department
may
transfer
funds
appropriated
in
this
32
section
as
necessary
to
pay
the
nonfederal
costs
of
services
33
reimbursed
under
the
medical
assistance
program,
state
child
34
care
assistance
program,
or
the
family
investment
program
which
35
-39-
HF
2526
(9)
83
pf/jp/mb
39/
114
H.F.
2526
are
provided
to
children
who
would
otherwise
receive
services
1
paid
under
the
appropriation
in
this
section.
The
department
2
may
transfer
funds
appropriated
in
this
section
to
the
3
appropriations
made
in
this
division
of
this
Act
for
general
4
administration
and
for
field
operations
for
resources
necessary
5
to
implement
and
operate
the
services
funded
in
this
section.
6
4.
a.
Of
the
funds
appropriated
in
this
section,
up
to
7
$29,233,006
is
allocated
as
the
statewide
expenditure
target
8
under
section
232.143
for
group
foster
care
maintenance
and
9
services.
If
the
department
projects
that
such
expenditures
10
for
the
fiscal
year
will
be
less
than
the
target
amount
11
allocated
in
this
lettered
paragraph,
the
department
may
12
reallocate
the
excess
to
provide
additional
funding
for
shelter
13
care
or
the
child
welfare
emergency
services
addressed
with
the
14
allocation
for
shelter
care.
15
b.
If
at
any
time
after
September
30,
2010,
annualization
16
of
a
service
area’s
current
expenditures
indicates
a
service
17
area
is
at
risk
of
exceeding
its
group
foster
care
expenditure
18
target
under
section
232.143
by
more
than
5
percent,
the
19
department
and
juvenile
court
services
shall
examine
all
20
group
foster
care
placements
in
that
service
area
in
order
to
21
identify
those
which
might
be
appropriate
for
termination.
22
In
addition,
any
aftercare
services
believed
to
be
needed
23
for
the
children
whose
placements
may
be
terminated
shall
be
24
identified.
The
department
and
juvenile
court
services
shall
25
initiate
action
to
set
dispositional
review
hearings
for
the
26
placements
identified.
In
such
a
dispositional
review
hearing,
27
the
juvenile
court
shall
determine
whether
needed
aftercare
28
services
are
available
and
whether
termination
of
the
placement
29
is
in
the
best
interest
of
the
child
and
the
community.
30
5.
In
accordance
with
the
provisions
of
section
232.188,
31
the
department
shall
continue
the
child
welfare
and
juvenile
32
justice
funding
initiative
during
fiscal
year
2010-2011.
Of
33
the
funds
appropriated
in
this
section,
$1,717,753
is
allocated
34
specifically
for
expenditure
for
fiscal
year
2010-2011
through
35
-40-
HF
2526
(9)
83
pf/jp/mb
40/
114
H.F.
2526
the
decategorization
service
funding
pools
and
governance
1
boards
established
pursuant
to
section
232.188.
2
6.
A
portion
of
the
funds
appropriated
in
this
section
3
may
be
used
for
emergency
family
assistance
to
provide
other
4
resources
required
for
a
family
participating
in
a
family
5
preservation
or
reunification
project
or
successor
project
to
6
stay
together
or
to
be
reunified.
7
7.
a.
Notwithstanding
section
234.35
or
any
other
provision
8
of
law
to
the
contrary,
state
funding
for
shelter
care
shall
be
9
limited
to
$7,894,147.
The
department
may
continue
or
amend
10
shelter
care
provider
contracts
to
include
the
child
welfare
11
emergency
services
for
children
that
were
implemented
pursuant
12
to
2008
Iowa
Acts,
chapter
1187,
section
16,
subsection
7.
13
b.
The
child
welfare
advisory
committee
created
by
the
14
council
on
human
services
pursuant
to
section
217.3A,
if
15
enacted
by
2010
Iowa
Acts,
Senate
File
2088,
section
391,
or
16
other
appropriate
existing
body,
shall
develop
recommendations
17
to
identify
the
appropriate
capacity
for
child
welfare
18
emergency
services
for
implementation
during
the
fiscal
year
19
beginning
July
1,
2011.
The
data
being
collected
regarding
20
child
welfare
emergency
services
shall
be
utilized
in
21
developing
the
recommendations.
The
recommendations
shall
be
22
submitted
on
or
before
December
15,
2010,
to
the
department
and
23
the
persons
designated
by
this
Act
to
receive
reports.
24
8.
Except
for
federal
funds
provided
by
the
federal
American
25
Recovery
and
Reinvestment
Act
of
2009,
federal
funds
received
26
by
the
state
during
the
fiscal
year
beginning
July
1,
2010,
27
as
the
result
of
the
expenditure
of
state
funds
appropriated
28
during
a
previous
state
fiscal
year
for
a
service
or
activity
29
funded
under
this
section
are
appropriated
to
the
department
30
to
be
used
as
additional
funding
for
services
and
purposes
31
provided
for
under
this
section.
Notwithstanding
section
8.33,
32
moneys
received
in
accordance
with
this
subsection
that
remain
33
unencumbered
or
unobligated
at
the
close
of
the
fiscal
year
34
shall
not
revert
to
any
fund
but
shall
remain
available
for
the
35
-41-
HF
2526
(9)
83
pf/jp/mb
41/
114
H.F.
2526
purposes
designated
until
the
close
of
the
succeeding
fiscal
1
year.
2
9.
Of
the
funds
appropriated
in
this
section,
at
least
3
$3,696,285
shall
be
used
for
protective
child
care
assistance.
4
10.
a.
Of
the
funds
appropriated
in
this
section,
up
to
5
$2,062,488
is
allocated
for
the
payment
of
the
expenses
of
6
court-ordered
services
provided
to
juveniles
who
are
under
the
7
supervision
of
juvenile
court
services,
which
expenses
are
a
8
charge
upon
the
state
pursuant
to
section
232.141,
subsection
9
4.
Of
the
amount
allocated
in
this
lettered
paragraph,
up
to
10
$1,556,287
shall
be
made
available
to
provide
school-based
11
supervision
of
children
adjudicated
under
chapter
232,
of
which
12
not
more
than
$15,000
may
be
used
for
the
purpose
of
training.
13
A
portion
of
the
cost
of
each
school-based
liaison
officer
14
shall
be
paid
by
the
school
district
or
other
funding
source
as
15
approved
by
the
chief
juvenile
court
officer.
16
b.
Of
the
funds
appropriated
in
this
section,
up
to
$748,985
17
is
allocated
for
the
payment
of
the
expenses
of
court-ordered
18
services
provided
to
children
who
are
under
the
supervision
19
of
the
department,
which
expenses
are
a
charge
upon
the
state
20
pursuant
to
section
232.141,
subsection
4.
21
c.
Notwithstanding
section
232.141
or
any
other
provision
22
of
law
to
the
contrary,
the
amounts
allocated
in
this
23
subsection
shall
be
distributed
to
the
judicial
districts
24
as
determined
by
the
state
court
administrator
and
to
the
25
department’s
service
areas
as
determined
by
the
administrator
26
of
the
department’s
division
of
child
and
family
services.
The
27
state
court
administrator
and
the
division
administrator
shall
28
make
the
determination
of
the
distribution
amounts
on
or
before
29
June
15,
2010.
30
d.
Notwithstanding
chapter
232
or
any
other
provision
of
31
law
to
the
contrary,
a
district
or
juvenile
court
shall
not
32
order
any
service
which
is
a
charge
upon
the
state
pursuant
33
to
section
232.141
if
there
are
insufficient
court-ordered
34
services
funds
available
in
the
district
court
or
departmental
35
-42-
HF
2526
(9)
83
pf/jp/mb
42/
114
H.F.
2526
service
area
distribution
amounts
to
pay
for
the
service.
The
1
chief
juvenile
court
officer
and
the
departmental
service
area
2
manager
shall
encourage
use
of
the
funds
allocated
in
this
3
subsection
such
that
there
are
sufficient
funds
to
pay
for
4
all
court-related
services
during
the
entire
year.
The
chief
5
juvenile
court
officers
and
departmental
service
area
managers
6
shall
attempt
to
anticipate
potential
surpluses
and
shortfalls
7
in
the
distribution
amounts
and
shall
cooperatively
request
the
8
state
court
administrator
or
division
administrator
to
transfer
9
funds
between
the
judicial
districts’
or
departmental
service
10
areas’
distribution
amounts
as
prudent.
11
e.
Notwithstanding
any
provision
of
law
to
the
contrary,
12
a
district
or
juvenile
court
shall
not
order
a
county
to
pay
13
for
any
service
provided
to
a
juvenile
pursuant
to
an
order
14
entered
under
chapter
232
which
is
a
charge
upon
the
state
15
under
section
232.141,
subsection
4.
16
f.
Of
the
funds
allocated
in
this
subsection,
not
more
than
17
$83,000
may
be
used
by
the
judicial
branch
for
administration
18
of
the
requirements
under
this
subsection.
19
g.
Of
the
funds
allocated
in
this
subsection,
$17,000
20
shall
be
used
by
the
department
of
human
services
to
support
21
the
interstate
commission
for
juveniles
in
accordance
with
22
the
interstate
compact
for
juveniles
as
provided
in
section
23
232.173,
as
enacted
by
this
Act.
24
11.
Of
the
funds
appropriated
in
this
section,
$4,522,602
is
25
allocated
for
juvenile
delinquent
graduated
sanctions
services.
26
Any
state
funds
saved
as
a
result
of
efforts
by
juvenile
court
27
services
to
earn
federal
Tit.
IV-E
match
for
juvenile
court
28
services
administration
may
be
used
for
the
juvenile
delinquent
29
graduated
sanctions
services.
30
12.
Of
the
funds
appropriated
in
this
section,
$988,285
31
shall
be
transferred
to
the
department
of
public
health
to
32
be
used
for
the
child
protection
center
grant
program
in
33
accordance
with
section
135.118.
34
13.
If
the
department
receives
federal
approval
to
35
-43-
HF
2526
(9)
83
pf/jp/mb
43/
114
H.F.
2526
implement
a
waiver
under
Tit.
IV-E
of
the
federal
Social
1
Security
Act
to
enable
providers
to
serve
children
who
remain
2
in
the
children’s
families
and
communities,
for
purposes
of
3
eligibility
under
the
medical
assistance
program,
children
who
4
participate
in
the
waiver
shall
be
considered
to
be
placed
in
5
foster
care.
6
14.
Of
the
funds
appropriated
in
this
section,
$2,875,281
is
7
allocated
for
the
preparation
for
adult
living
program
pursuant
8
to
section
234.46.
9
15.
Of
the
funds
appropriated
in
this
section,
$520,150
10
shall
be
used
for
juvenile
drug
courts.
The
amount
allocated
11
in
this
subsection
shall
be
distributed
as
follows:
12
To
the
judicial
branch
for
salaries
to
assist
with
the
13
operation
of
juvenile
drug
court
programs
operated
in
the
14
following
jurisdictions:
15
a.
Marshall
county:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
62,708
17
b.
Woodbury
county:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
125,682
19
c.
Polk
county:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
195,892
21
d.
The
third
judicial
district:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
67,934
23
e.
The
eighth
judicial
district:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
67,934
25
16.
Of
the
funds
appropriated
in
this
section,
$227,306
26
shall
be
used
for
the
public
purpose
of
providing
a
grant
to
27
a
nonprofit
human
services
organization
providing
services
to
28
individuals
and
families
in
multiple
locations
in
southwest
29
Iowa
and
Nebraska
for
support
of
a
project
providing
immediate,
30
sensitive
support
and
forensic
interviews,
medical
exams,
needs
31
assessments,
and
referrals
for
victims
of
child
abuse
and
their
32
nonoffending
family
members.
33
17.
Of
the
funds
appropriated
in
this
section,
$125,590
34
is
allocated
for
the
elevate
approach
of
providing
a
support
35
-44-
HF
2526
(9)
83
pf/jp/mb
44/
114
H.F.
2526
network
to
children
placed
in
foster
care.
1
18.
Of
the
funds
appropriated
in
this
section,
$202,000
is
2
allocated
for
use
pursuant
to
section
235A.1
for
continuation
3
of
the
initiative
to
address
child
sexual
abuse
implemented
4
pursuant
to
2007
Iowa
Acts,
chapter
218,
section
18,
subsection
5
21.
6
19.
Of
the
funds
appropriated
in
this
section,
$630,240
is
7
allocated
for
the
community
partnership
for
child
protection
8
sites.
9
20.
Of
the
funds
appropriated
in
this
section,
$371,250
10
is
allocated
for
the
department’s
minority
youth
and
family
11
projects
under
the
redesign
of
the
child
welfare
system.
12
21.
Of
the
funds
appropriated
in
this
section,
$925,306
13
is
allocated
for
funding
of
the
state
match
for
the
federal
14
substance
abuse
and
mental
health
services
administration
15
(SAMHSA)
system
of
care
grant.
16
Sec.
20.
ADOPTION
SUBSIDY.
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,
2010,
and
ending
June
30,
2011,
the
following
20
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
21
purpose
designated:
22
For
adoption
subsidy
payments
and
services:
23
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
31,856,896
24
2.
The
department
may
transfer
funds
appropriated
in
this
25
section
to
the
appropriation
made
in
this
Act
for
general
26
administration
for
costs
paid
from
the
appropriation
relating
27
to
adoption
subsidy.
28
3.
Except
for
federal
funds
provided
by
the
federal
American
29
Recovery
and
Reinvestment
Act
of
2009,
federal
funds
received
30
by
the
state
during
the
fiscal
year
beginning
July
1,
2010,
as
31
the
result
of
the
expenditure
of
state
funds
during
a
previous
32
state
fiscal
year
for
a
service
or
activity
funded
under
this
33
section
are
appropriated
to
the
department
to
be
used
as
34
additional
funding
for
the
services
and
activities
funded
under
35
-45-
HF
2526
(9)
83
pf/jp/mb
45/
114
H.F.
2526
this
section.
Notwithstanding
section
8.33,
moneys
received
1
in
accordance
with
this
subsection
that
remain
unencumbered
or
2
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
3
to
any
fund
but
shall
remain
available
for
expenditure
for
the
4
purposes
designated
until
the
close
of
the
succeeding
fiscal
5
year.
6
Sec.
21.
JUVENILE
DETENTION
HOME
FUND.
Moneys
deposited
7
in
the
juvenile
detention
home
fund
created
in
section
232.142
8
during
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
9
30,
2011,
are
appropriated
to
the
department
of
human
services
10
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
11
2011,
for
distribution
of
an
amount
equal
to
a
percentage
of
12
the
costs
of
the
establishment,
improvement,
operation,
and
13
maintenance
of
county
or
multicounty
juvenile
detention
homes
14
in
the
fiscal
year
beginning
July
1,
2009.
Moneys
appropriated
15
for
distribution
in
accordance
with
this
section
shall
be
16
allocated
among
eligible
detention
homes,
prorated
on
the
basis
17
of
an
eligible
detention
home’s
proportion
of
the
costs
of
all
18
eligible
detention
homes
in
the
fiscal
year
beginning
July
19
1,
2009.
The
percentage
figure
shall
be
determined
by
the
20
department
based
on
the
amount
available
for
distribution
for
21
the
fund.
Notwithstanding
section
232.142,
subsection
3,
the
22
financial
aid
payable
by
the
state
under
that
provision
for
the
23
fiscal
year
beginning
July
1,
2010,
shall
be
limited
to
the
24
amount
appropriated
for
the
purposes
of
this
section.
25
Sec.
22.
FAMILY
SUPPORT
SUBSIDY
PROGRAM.
26
1.
There
is
appropriated
from
the
general
fund
of
the
27
state
to
the
department
of
human
services
for
the
fiscal
year
28
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
29
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
30
purpose
designated:
31
For
the
family
support
subsidy
program:
32
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,167,998
33
2.
The
department
shall
use
at
least
$289,444
of
the
moneys
34
appropriated
in
this
section
for
the
family
support
center
35
-46-
HF
2526
(9)
83
pf/jp/mb
46/
114
H.F.
2526
component
of
the
comprehensive
family
support
program
under
1
section
225C.47.
Not
more
than
$25,000
of
the
amount
allocated
2
in
this
subsection
shall
be
used
for
administrative
costs.
3
3.
If
at
any
time
during
the
fiscal
year,
the
amount
of
4
funding
available
for
the
family
support
subsidy
program
5
is
reduced
from
the
amount
initially
used
to
establish
the
6
figure
for
the
number
of
family
members
for
whom
a
subsidy
7
is
to
be
provided
at
any
one
time
during
the
fiscal
year,
8
notwithstanding
section
225C.38,
subsection
2,
the
department
9
shall
revise
the
figure
as
necessary
to
conform
to
the
amount
10
of
funding
available.
11
Sec.
23.
CONNER
DECREE.
There
is
appropriated
from
the
12
general
fund
of
the
state
to
the
department
of
human
services
13
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
14
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
15
to
be
used
for
the
purpose
designated:
16
For
building
community
capacity
through
the
coordination
17
and
provision
of
training
opportunities
in
accordance
with
the
18
consent
decree
of
Conner
v.
Branstad,
No.
4-86-CV-30871(S.D.
19
Iowa,
July
14,
1994):
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
33,622
21
Sec.
24.
MENTAL
HEALTH
INSTITUTES.
22
1.
There
is
appropriated
from
the
general
fund
of
the
23
state
to
the
department
of
human
services
for
the
fiscal
year
24
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
25
amounts,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
26
purposes
designated:
27
a.
For
the
state
mental
health
institute
at
Cherokee
for
28
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
29
for
not
more
than
the
following
full-time
equivalent
positions:
30
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,221,979
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
205.06
32
b.
For
the
state
mental
health
institute
at
Clarinda
for
33
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
34
for
not
more
than
the
following
full-time
equivalent
positions:
35
-47-
HF
2526
(9)
83
pf/jp/mb
47/
114
H.F.
2526
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,139,698
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
114.95
2
c.
For
the
state
mental
health
institute
at
Independence
for
3
salaries,
support,
maintenance,
and
miscellaneous
purposes,
and
4
for
not
more
than
the
following
full-time
equivalent
positions:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,590,653
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
287.85
7
d.
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
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,613,175
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
116.44
13
2.
The
department,
as
part
of
efforts
to
develop
and
14
implement
the
comprehensive
mental
health
and
disability
15
services
plan
as
provided
in
section
225C.6B,
shall
review
16
services
provided
by
or
offered
at
the
state
mental
health
17
institutes
and
may
modify
such
services
to
further
the
plan
18
and
provide
cost-effective
and
necessary
services.
As
part
19
of
the
review,
the
department
shall
consult
with
stakeholders
20
concerning
developing
subacute
mental
health
care
options
at
21
the
institutes.
In
addition,
the
department
shall
consider
the
22
feasibility
of
developing
treatment
facilities
of
sixteen
beds
23
or
fewer
that
would
be
eligible
for
federal
Medicaid
program
24
match;
identify
provisions
to
increase
the
participation
of
25
students
of
medical,
dental,
psychiatry,
psychology,
social
26
work,
and
other
health
care
and
behavioral
health
professions
27
in
clinical
practice
training
at
the
institutions
administered
28
by
the
department;
and
develop
methods
for
the
department
29
and
the
judicial
branch
to
facilitate
regular
meetings
and
30
other
communication
between
representatives
of
the
criminal
31
justice
system,
service
providers,
county
central
point
of
32
coordination
administrators,
other
pertinent
state
agencies,
33
and
other
stakeholders
to
improve
the
processes
for
involuntary
34
commitment
for
chronic
substance
abuse
under
chapter
125
and
35
-48-
HF
2526
(9)
83
pf/jp/mb
48/
114
H.F.
2526
serious
mental
illness
under
chapter
229.
1
Sec.
25.
STATE
RESOURCE
CENTERS.
2
1.
There
is
appropriated
from
the
general
fund
of
the
3
state
to
the
department
of
human
services
for
the
fiscal
year
4
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
5
amounts,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
6
purposes
designated:
7
a.
For
the
state
resource
center
at
Glenwood
for
salaries,
8
support,
maintenance,
and
miscellaneous
purposes:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
14,982,839
10
b.
For
the
state
resource
center
at
Woodward
for
salaries,
11
support,
maintenance,
and
miscellaneous
purposes:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
9,312,271
13
2.
The
department
may
continue
to
bill
for
state
resource
14
center
services
utilizing
a
scope
of
services
approach
used
for
15
private
providers
of
ICFMR
services,
in
a
manner
which
does
not
16
shift
costs
between
the
medical
assistance
program,
counties,
17
or
other
sources
of
funding
for
the
state
resource
centers.
18
3.
The
state
resource
centers
may
expand
the
time-limited
19
assessment
and
respite
services
during
the
fiscal
year.
20
4.
If
the
department’s
administration
and
the
department
21
of
management
concur
with
a
finding
by
a
state
resource
22
center’s
superintendent
that
projected
revenues
can
reasonably
23
be
expected
to
pay
the
salary
and
support
costs
for
a
new
24
employee
position,
or
that
such
costs
for
adding
a
particular
25
number
of
new
positions
for
the
fiscal
year
would
be
less
26
than
the
overtime
costs
if
new
positions
would
not
be
added,
27
the
superintendent
may
add
the
new
position
or
positions.
If
28
the
vacant
positions
available
to
a
resource
center
do
not
29
include
the
position
classification
desired
to
be
filled,
the
30
state
resource
center’s
superintendent
may
reclassify
any
31
vacant
position
as
necessary
to
fill
the
desired
position.
The
32
superintendents
of
the
state
resource
centers
may,
by
mutual
33
agreement,
pool
vacant
positions
and
position
classifications
34
during
the
course
of
the
fiscal
year
in
order
to
assist
one
35
-49-
HF
2526
(9)
83
pf/jp/mb
49/
114
H.F.
2526
another
in
filling
necessary
positions.
1
5.
If
existing
capacity
limitations
are
reached
in
2
operating
units,
a
waiting
list
is
in
effect
for
a
service
or
3
a
special
need
for
which
a
payment
source
or
other
funding
4
is
available
for
the
service
or
to
address
the
special
need,
5
and
facilities
for
the
service
or
to
address
the
special
need
6
can
be
provided
within
the
available
payment
source
or
other
7
funding,
the
superintendent
of
a
state
resource
center
may
8
authorize
opening
not
more
than
two
units
or
other
facilities
9
and
begin
implementing
the
service
or
addressing
the
special
10
need
during
fiscal
year
2010-2011.
11
Sec.
26.
MI/MR/DD
STATE
CASES.
12
1.
There
is
appropriated
from
the
general
fund
of
the
13
state
to
the
department
of
human
services
for
the
fiscal
year
14
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
15
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
16
purpose
designated:
17
For
distribution
to
counties
for
state
case
services
18
for
persons
with
mental
illness,
mental
retardation,
and
19
developmental
disabilities
in
accordance
with
section
331.440:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,295,207
21
2.
For
the
fiscal
year
beginning
July
1,
2010,
and
ending
22
June
30,
2011,
$200,000
is
allocated
for
state
case
services
23
from
the
amounts
appropriated
from
the
fund
created
in
section
24
8.41
to
the
department
of
human
services
from
the
funds
25
received
from
the
federal
government
under
42
U.S.C.
ch.
6A,
26
subch.
XVII,
relating
to
the
community
mental
health
center
27
block
grant,
for
the
federal
fiscal
years
beginning
October
28
1,
2008,
and
ending
September
30,
2009,
beginning
October
1,
29
2009,
and
ending
September
30,
2010,
and
beginning
October
1,
30
2010,
and
ending
September
30,
2011.
The
allocation
made
in
31
this
subsection
shall
be
made
prior
to
any
other
distribution
32
allocation
of
the
appropriated
federal
funds.
33
3.
Notwithstanding
section
8.33,
moneys
appropriated
in
34
this
section
that
remain
unencumbered
or
unobligated
at
the
35
-50-
HF
2526
(9)
83
pf/jp/mb
50/
114
H.F.
2526
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
1
available
for
expenditure
for
the
purposes
designated
until
the
2
close
of
the
succeeding
fiscal
year.
3
Sec.
27.
MENTAL
HEALTH
AND
DEVELOPMENTAL
DISABILITIES
——
4
COMMUNITY
SERVICES
FUND.
There
is
appropriated
from
5
the
general
fund
of
the
state
to
the
mental
health
and
6
developmental
disabilities
community
services
fund
created
in
7
section
225C.7
for
the
fiscal
year
beginning
July
1,
2010,
and
8
ending
June
30,
2011,
the
following
amount,
or
so
much
thereof
9
as
is
necessary,
to
be
used
for
the
purpose
designated:
10
For
mental
health
and
developmental
disabilities
community
11
services
in
accordance
with
this
division
of
this
Act:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
14,211,100
13
1.
Of
the
funds
appropriated
in
this
section,
$14,187,556
14
shall
be
allocated
to
counties
for
funding
of
community-based
15
mental
health
and
developmental
disabilities
services.
The
16
moneys
shall
be
allocated
to
a
county
as
follows:
17
a.
Fifty
percent
based
upon
the
county’s
proportion
of
the
18
state’s
population
of
persons
with
an
annual
income
which
is
19
equal
to
or
less
than
the
poverty
guideline
established
by
the
20
federal
office
of
management
and
budget.
21
b.
Fifty
percent
based
upon
the
county’s
proportion
of
the
22
state’s
general
population.
23
2.
a.
A
county
shall
utilize
the
funding
the
county
24
receives
pursuant
to
subsection
1
for
services
provided
to
25
persons
with
a
disability,
as
defined
in
section
225C.2.
26
However,
no
more
than
50
percent
of
the
funding
shall
be
used
27
for
services
provided
to
any
one
of
the
service
populations.
28
b.
A
county
shall
use
at
least
50
percent
of
the
funding
the
29
county
receives
under
subsection
1
for
contemporary
services
30
provided
to
persons
with
a
disability,
as
described
in
rules
31
adopted
by
the
department.
32
3.
Of
the
funds
appropriated
in
this
section,
$23,544
33
shall
be
used
to
support
the
Iowa
compass
program
providing
34
computerized
information
and
referral
services
for
Iowans
with
35
-51-
HF
2526
(9)
83
pf/jp/mb
51/
114
H.F.
2526
disabilities
and
their
families.
1
4.
a.
Funding
appropriated
for
purposes
of
the
federal
2
social
services
block
grant
is
allocated
for
distribution
3
to
counties
for
local
purchase
of
services
for
persons
with
4
mental
illness
or
mental
retardation
or
other
developmental
5
disability.
6
b.
The
funds
allocated
in
this
subsection
shall
be
expended
7
by
counties
in
accordance
with
the
county’s
county
management
8
plan
approved
by
the
board
of
supervisors.
A
county
without
9
an
approved
county
management
plan
shall
not
receive
allocated
10
funds
until
the
county’s
management
plan
is
approved.
11
c.
The
funds
provided
by
this
subsection
shall
be
allocated
12
to
each
county
as
follows:
13
(1)
Fifty
percent
based
upon
the
county’s
proportion
of
the
14
state’s
population
of
persons
with
an
annual
income
which
is
15
equal
to
or
less
than
the
poverty
guideline
established
by
the
16
federal
office
of
management
and
budget.
17
(2)
Fifty
percent
based
upon
the
amount
provided
to
the
18
county
for
local
purchase
of
services
in
the
preceding
fiscal
19
year.
20
5.
A
county
is
eligible
for
funds
under
this
section
if
the
21
county
qualifies
for
a
state
payment
as
described
in
section
22
331.439.
23
6.
The
most
recent
population
estimates
issued
by
the
United
24
States
bureau
of
the
census
shall
be
applied
for
the
population
25
factors
utilized
in
this
section.
26
7.
The
governor’s
developmental
disabilities
council
is
27
requested
to
facilitate
a
workgroup
of
stakeholders
to
review
28
the
status
of
residential
care
facilities
in
the
state
and
29
the
services
provided.
The
membership
of
the
workgroup
may
30
include
but
is
not
limited
to
representatives
of
county
central
31
point
of
coordination
administrators,
the
departments
of
aging,
32
human
services,
and
inspections
and
appeals,
the
office
of
33
the
citizens’
aide
and
other
legislative
agencies,
and
the
34
judicial
branch.
The
issues
considered
by
the
workgroup
may
35
-52-
HF
2526
(9)
83
pf/jp/mb
52/
114
H.F.
2526
include
identifying
the
characteristics
of
clients
served
such
1
as
age,
disability,
reason
for
admission
and
level
of
care
2
provided;
the
reasons
why
such
facilities
have
been
closing
3
or
downsizing
and
where
clients
were
placed;
the
types
and
4
usage
of
alternatives
to
the
facilities;
the
types
of
services
5
provided
to
clients
such
as
Medicaid
waiver,
rehabilitation,
6
mental
health,
and
aging
services;
workforce
employed
by
the
7
facilities;
client
access
to
health
care;
financing;
and
8
practices
used
for
court-ordered
placements.
The
workgroup
9
shall
report,
providing
findings
and
recommendations,
to
the
10
governor
and
persons
designated
by
this
Act
for
submission
of
11
reports
on
or
before
December
15,
2010.
12
Sec.
28.
SEXUALLY
VIOLENT
PREDATORS.
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,
2010,
and
ending
June
30,
2011,
the
following
16
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
17
purpose
designated:
18
For
costs
associated
with
the
commitment
and
treatment
of
19
sexually
violent
predators
in
the
unit
located
at
the
state
20
mental
health
institute
at
Cherokee,
including
costs
of
legal
21
services
and
other
associated
costs,
including
salaries,
22
support,
maintenance,
and
miscellaneous
purposes,
and
for
not
23
more
than
the
following
full-time
equivalent
positions:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,632,660
25
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
105.50
26
2.
Unless
specifically
prohibited
by
law,
if
the
amount
27
charged
provides
for
recoupment
of
at
least
the
entire
amount
28
of
direct
and
indirect
costs,
the
department
of
human
services
29
may
contract
with
other
states
to
provide
care
and
treatment
30
of
persons
placed
by
the
other
states
at
the
unit
for
sexually
31
violent
predators
at
Cherokee.
The
moneys
received
under
32
such
a
contract
shall
be
considered
to
be
repayment
receipts
33
and
used
for
the
purposes
of
the
appropriation
made
in
this
34
section.
35
-53-
HF
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83
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53/
114
H.F.
2526
Sec.
29.
FIELD
OPERATIONS.
There
is
appropriated
from
the
1
general
fund
of
the
state
to
the
department
of
human
services
2
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
3
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
4
to
be
used
for
the
purposes
designated:
5
For
field
operations,
including
salaries,
support,
6
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
7
the
following
full-time
equivalent
positions:
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
53,207,624
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
2,000.13
10
Priority
in
filling
full-time
equivalent
positions
shall
be
11
given
to
those
positions
related
to
child
protection
services
12
and
eligibility
determination
for
low-income
families.
13
Sec.
30.
GENERAL
ADMINISTRATION.
There
is
appropriated
14
from
the
general
fund
of
the
state
to
the
department
of
human
15
services
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
16
June
30,
2011,
the
following
amount,
or
so
much
thereof
as
is
17
necessary,
to
be
used
for
the
purpose
designated:
18
For
general
administration,
including
salaries,
support,
19
maintenance,
and
miscellaneous
purposes,
and
for
not
more
than
20
the
following
full-time
equivalent
positions:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
15,352,271
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
354.33
23
1.
Of
the
funds
appropriated
in
this
section,
$43,700
24
allocated
for
the
prevention
of
disabilities
policy
council
25
established
in
section
225B.3.
26
2.
The
department
shall
report
at
least
monthly
to
the
27
legislative
services
agency
concerning
the
department’s
28
operational
and
program
expenditures.
29
Sec.
31.
CHILDREN’S
MENTAL
HEALTH
AND
CHILD
WELFARE
30
SERVICES.
31
1.
It
is
the
intent
of
the
general
assembly
to
improve
32
coordination
and
integration
of
mental
health
services
and
33
outcomes
for
children,
as
well
as
alignment
of
the
services
34
and
outcomes
with
the
child
welfare
system.
The
department
35
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114
H.F.
2526
of
human
services,
in
collaboration
with
providers,
shall
1
develop
a
plan
for
transitioning
administration
of
the
remedial
2
services
program
from
fee-for-service
approach
to
the
Iowa
3
plan,
behavioral
health
managed
care
plan.
The
transition
4
plan
shall
address
specific
strategies
for
improving
service
5
coordination
for
children
and
adults;
establish
vendor
6
performance
standards;
provide
a
process
for
ongoing
monitoring
7
of
quality
of
care,
performance,
and
quality
improvement
8
technical
assistance
for
providers;
identify
methods
and
9
standards
for
credentialing
remedial
providers;
and
provide
10
implementation
timeframes.
11
2.
The
department
shall
establish
a
transition
committee
12
that
includes
representatives
from
departmental
staff
for
13
Medicaid,
child
welfare,
field,
and
mental
health
services,
14
the
director
of
the
Iowa
plan,
the
executive
director
of
the
15
coalition
of
family
and
children’s
services
in
Iowa,
three
16
remedial
services
providers
designated
by
the
executive
17
director
of
the
coalition,
and
a
remedial
services
provider
who
18
is
not
a
member
of
the
provider
organization.
The
committee
19
shall
develop
the
plan
and
manage
the
transition,
if
the
plan
20
is
implemented.
The
plan
shall
be
developed
by
December
31,
21
2010.
The
department
may
proceed
with
implementing
the
plan
22
over
the
six
month
period
following
December
31,
2010,
if
the
23
department
determines
that
the
plan
meets
the
legislative
24
intent
identified
in
subsection
1.
25
Sec.
32.
VOLUNTEERS.
There
is
appropriated
from
the
general
26
fund
of
the
state
to
the
department
of
human
services
for
the
27
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
28
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
29
used
for
the
purpose
designated:
30
For
development
and
coordination
of
volunteer
services:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
84,660
32
Sec.
33.
MEDICAL
ASSISTANCE,
STATE
SUPPLEMENTARY
33
ASSISTANCE,
AND
SOCIAL
SERVICE
PROVIDERS
REIMBURSED
UNDER
THE
34
DEPARTMENT
OF
HUMAN
SERVICES.
35
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HF
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114
H.F.
2526
1.
a.
(1)
For
the
fiscal
year
beginning
July
1,
2010,
1
the
total
state
funding
amount
for
the
nursing
facility
budget
2
shall
not
exceed
$153,126,081.
3
(2)
The
department,
in
cooperation
with
nursing
facility
4
representatives,
shall
review
projections
for
state
funding
5
expenditures
for
reimbursement
of
nursing
facilities
on
a
6
quarterly
basis
and
the
department
shall
determine
if
an
7
adjustment
to
the
medical
assistance
reimbursement
rate
is
8
necessary
in
order
to
provide
reimbursement
within
the
state
9
funding
amount.
Any
temporary
enhanced
federal
financial
10
participation
that
may
become
available
to
the
Iowa
medical
11
assistance
program
during
the
fiscal
year
shall
not
be
used
12
in
projecting
the
nursing
facility
budget.
Notwithstanding
13
2001
Iowa
Acts,
chapter
192,
section
4,
subsection
2,
paragraph
14
“c”,
and
subsection
3,
paragraph
“a”,
subparagraph
(2),
15
if
the
state
funding
expenditures
for
the
nursing
facility
16
budget
for
the
fiscal
year
beginning
July
1,
2010,
are
17
projected
to
exceed
the
amount
specified
in
subparagraph
(1),
18
the
department
shall
adjust
the
reimbursement
for
nursing
19
facilities
reimbursed
under
the
case-mix
reimbursement
system
20
to
maintain
expenditures
of
the
nursing
facility
budget
21
within
the
specified
amount.
The
department
shall
revise
such
22
reimbursement
as
necessary
to
adjust
the
annual
accountability
23
measures
payment
in
accordance
with
2001
Iowa
Acts,
chapter
24
192,
section
4,
subsection
4,
as
amended
by
2008
Iowa
Acts,
25
chapter
1187,
section
33,
and
as
amended
by
2009
Iowa
Acts,
26
chapter
182,
section
33,
to
implement
a
pay-for-performance
27
payment.
28
(3)
For
the
fiscal
year
beginning
July
1,
2010,
special
29
population
nursing
facilities
shall
be
reimbursed
in
accordance
30
with
the
methodology
in
effect
on
November
30,
2009.
31
b.
For
the
fiscal
year
beginning
July
1,
2010,
the
32
department
shall
reimburse
pharmacy
dispensing
fees
using
a
33
single
rate
of
$4.34
per
prescription
or
the
pharmacy’s
usual
34
and
customary
fee,
whichever
is
lower.
35
-56-
HF
2526
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83
pf/jp/mb
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114
H.F.
2526
c.
(1)
For
the
fiscal
year
beginning
July
1,
2010,
1
reimbursement
rates
for
outpatient
hospital
services
shall
2
remain
at
the
rates
in
effect
on
June
30,
2010.
3
(2)
For
the
fiscal
year
beginning
July
1,
2010,
4
reimbursement
rates
for
inpatient
hospital
services
shall
5
remain
at
the
rates
in
effect
on
June
30,
2010.
6
(3)
For
the
fiscal
year
beginning
July
1,
2010,
the
graduate
7
medical
education
and
disproportionate
share
hospital
fund
8
shall
remain
at
the
amount
in
effect
on
June
30,
2010.
9
(4)
In
order
to
ensure
the
efficient
use
of
limited
state
10
funds
in
procuring
health
care
services
for
low-income
Iowans,
11
funds
appropriated
in
this
Act
for
hospital
services
shall
12
not
be
used
for
activities
which
would
be
excluded
from
a
13
determination
of
reasonable
costs
under
the
federal
Medicare
14
program
pursuant
to
42
U.S.C.
§
1395X(v)(1)(N).
15
d.
For
the
fiscal
year
beginning
July
1,
2010,
reimbursement
16
rates
for
rural
health
clinics,
hospices,
and
acute
mental
17
hospitals
shall
be
increased
in
accordance
with
increases
under
18
the
federal
Medicare
program
or
as
supported
by
their
Medicare
19
audited
costs.
20
e.
For
the
fiscal
year
beginning
July
1,
2010,
independent
21
laboratories
and
rehabilitation
agencies
shall
be
reimbursed
22
using
the
same
methodology
in
effect
on
June
30,
2010.
23
f.
For
the
fiscal
year
beginning
July
1,
2010,
reimbursement
24
rates
for
home
health
agencies
shall
remain
at
the
rates
in
25
effect
on
June
30,
2010,
not
to
exceed
a
home
health
agency’s
26
actual
allowable
cost.
27
g.
For
the
fiscal
year
beginning
July
1,
2010,
federally
28
qualified
health
centers
shall
receive
cost-based
reimbursement
29
for
100
percent
of
the
reasonable
costs
for
the
provision
of
30
services
to
recipients
of
medical
assistance.
31
h.
For
the
fiscal
year
beginning
July
1,
2010,
the
32
reimbursement
rates
for
dental
services
shall
remain
at
the
33
rates
in
effect
on
June
30,
2010.
34
i.
For
the
fiscal
year
beginning
July
1,
2010,
state-owned
35
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114
H.F.
2526
psychiatric
medical
institutions
for
children
shall
receive
1
cost-based
reimbursement
for
100
percent
of
the
actual
and
2
allowable
costs
for
the
provision
of
services
to
recipients
of
3
medical
assistance.
For
nonstate-owned
psychiatric
medical
4
institutions
for
children,
reimbursement
shall
be
determined
in
5
accordance
with
section
249A.31
subject
to
the
rate
limitations
6
specified
in
executive
order
number
19
issued
October
8,
2009.
7
j.
For
the
fiscal
year
beginning
July
1,
2010,
unless
8
otherwise
specified
in
this
Act,
all
noninstitutional
medical
9
assistance
provider
reimbursement
rates
shall
remain
at
the
10
rates
in
effect
on
June
30,
2010,
except
for
area
education
11
agencies,
local
education
agencies,
infant
and
toddler
services
12
providers,
targeted
case
management,
and
those
providers
13
whose
rates
are
required
to
be
determined
pursuant
to
section
14
249A.20.
15
k.
Notwithstanding
any
provision
to
the
contrary,
for
the
16
fiscal
year
beginning
July
1,
2010,
the
reimbursement
rate
for
17
anesthesiologists
shall
remain
at
the
rate
in
effect
on
June
18
30,
2010.
19
l.
Notwithstanding
section
249A.20,
for
the
fiscal
year
20
beginning
July
1,
2010,
the
average
reimbursement
rate
for
21
health
care
providers
eligible
for
use
of
the
federal
Medicare
22
resource-based
relative
value
scale
reimbursement
methodology
23
under
that
section
shall
remain
at
the
rate
in
effect
on
June
24
30,
2010;
however,
this
rate
shall
not
exceed
the
maximum
level
25
authorized
by
the
federal
government.
26
m.
For
the
fiscal
year
beginning
July
1,
2010,
the
27
reimbursement
rate
for
residential
care
facilities
shall
not
28
be
less
than
the
minimum
payment
level
as
established
by
the
29
federal
government
to
meet
the
federally
mandated
maintenance
30
of
effort
requirement.
The
flat
reimbursement
rate
for
31
facilities
electing
not
to
file
annual
cost
reports
shall
not
32
be
less
than
the
minimum
payment
level
as
established
by
the
33
federal
government
to
meet
the
federally
mandated
maintenance
34
of
effort
requirement.
35
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2526
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114
H.F.
2526
n.
For
the
fiscal
year
beginning
July
1,
2010,
inpatient
1
mental
health
services
provided
at
hospitals
shall
remain
at
2
the
rates
in
effect
on
June
30,
2010,
subject
to
Medicaid
3
program
upper
payment
limit
rules;
community
mental
health
4
centers
and
providers
of
mental
health
services
to
county
5
residents
pursuant
to
a
waiver
approved
under
section
225C.7,
6
subsection
3,
shall
be
reimbursed
at
100
percent
of
the
7
reasonable
costs
for
the
provision
of
services
to
recipients
of
8
medical
assistance;
and
psychiatrists
shall
be
reimbursed
at
9
the
medical
assistance
program
fee
for
service
rate.
10
o.
For
the
fiscal
year
beginning
July
1,
2010,
the
11
reimbursement
rate
for
consumer-directed
attendant
care
shall
12
remain
at
the
rates
in
effect
on
June
30,
2010.
13
p.
For
the
fiscal
year
beginning
July
1,
2010,
the
14
reimbursement
rate
for
providers
of
family
planning
services
15
that
are
eligible
to
receive
a
90
percent
federal
match
shall
16
remain
at
the
rates
in
effect
on
January
31,
2010.
17
q.
Unless
otherwise
provided
in
this
section,
the
18
department
shall
continue
the
reduction
in
payments
to
medical
19
assistance
program
providers
for
the
fiscal
year
beginning
20
July
1,
2010,
and
ending
June
30,
2011,
in
the
percentage
21
amount
applicable
to
the
respective
provider
as
specified
under
22
Executive
Order
19.
23
2.
For
the
fiscal
year
beginning
July
1,
2010,
the
24
reimbursement
rate
for
providers
reimbursed
under
the
25
in-home-related
care
program
shall
not
be
less
than
the
minimum
26
payment
level
as
established
by
the
federal
government
to
meet
27
the
federally
mandated
maintenance
of
effort
requirement.
28
3.
Unless
otherwise
directed
in
this
section,
when
the
29
department’s
reimbursement
methodology
for
any
provider
30
reimbursed
in
accordance
with
this
section
includes
an
31
inflation
factor,
this
factor
shall
not
exceed
the
amount
32
by
which
the
consumer
price
index
for
all
urban
consumers
33
increased
during
the
calendar
year
ending
December
31,
2002.
34
4.
For
the
fiscal
year
beginning
July
1,
2010,
35
-59-
HF
2526
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83
pf/jp/mb
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114
H.F.
2526
notwithstanding
section
234.38,
the
foster
family
basic
daily
1
maintenance
rate,
the
maximum
adoption
subsidy
rate,
and
the
2
maximum
supervised
apartment
living
foster
care
rate,
and
the
3
preparation
for
adult
living
program
maintenance
rate
for
4
children
ages
0
through
5
years
shall
be
$15.54,
the
rate
for
5
children
ages
6
through
11
years
shall
be
$16.16,
the
rate
for
6
children
ages
12
through
15
years
shall
be
$17.69,
and
the
7
rate
for
children
and
young
adults
ages
16
and
older
shall
be
8
$18.87.
9
5.
For
the
fiscal
year
beginning
July
1,
2010,
the
maximum
10
reimbursement
rates
for
social
services
providers
reimbursed
11
under
a
purchase
of
social
services
contract
shall
remain
at
12
the
rates
in
effect
on
June
30,
2010,
or
the
provider’s
actual
13
and
allowable
cost
plus
inflation
for
each
service,
whichever
14
is
less.
However,
the
rates
may
be
adjusted
under
any
of
the
15
following
circumstances:
16
a.
If
a
new
service
was
added
after
June
30,
2010,
the
17
initial
reimbursement
rate
for
the
service
shall
be
based
upon
18
actual
and
allowable
costs.
19
b.
If
a
social
service
provider
loses
a
source
of
income
20
used
to
determine
the
reimbursement
rate
for
the
provider,
21
the
provider’s
reimbursement
rate
may
be
adjusted
to
reflect
22
the
loss
of
income,
provided
that
the
lost
income
was
used
to
23
support
actual
and
allowable
costs
of
a
service
purchased
under
24
a
purchase
of
service
contract.
25
6.
For
the
fiscal
year
beginning
July
1,
2010,
the
26
reimbursement
rates
for
family-centered
service
providers,
27
family
foster
care
service
providers,
group
foster
care
service
28
providers,
and
the
resource
family
recruitment
and
retention
29
contractor
shall
remain
at
the
rates
in
effect
on
June
30,
30
2010.
31
7.
The
group
foster
care
reimbursement
rates
paid
for
32
placement
of
children
out
of
state
shall
be
calculated
33
according
to
the
same
rate-setting
principles
as
those
used
for
34
in-state
providers,
unless
the
director
of
human
services
or
35
-60-
HF
2526
(9)
83
pf/jp/mb
60/
114
H.F.
2526
the
director’s
designee
determines
that
appropriate
care
cannot
1
be
provided
within
the
state.
The
payment
of
the
daily
rate
2
shall
be
based
on
the
number
of
days
in
the
calendar
month
in
3
which
service
is
provided.
4
8.
For
the
fiscal
year
beginning
July
1,
2010,
remedial
5
service
providers
shall
receive
the
same
level
of
reimbursement
6
under
the
same
methodology
in
effect
on
June
30,
2010.
7
9.
a.
For
the
fiscal
year
beginning
July
1,
2010,
8
the
combined
service
and
maintenance
components
of
the
9
reimbursement
rate
paid
for
shelter
care
services
and
10
alternative
child
welfare
emergency
services
purchased
under
11
a
contract
shall
be
based
on
the
financial
and
statistical
12
report
submitted
to
the
department.
The
maximum
reimbursement
13
rate
shall
be
$92.36
per
day.
The
department
shall
reimburse
14
a
shelter
care
provider
at
the
provider’s
actual
and
15
allowable
unit
cost,
plus
inflation,
not
to
exceed
the
maximum
16
reimbursement
rate.
17
b.
Notwithstanding
section
232.141,
subsection
8,
for
the
18
fiscal
year
beginning
July
1,
2010,
the
amount
of
the
statewide
19
average
of
the
actual
and
allowable
rates
for
reimbursement
of
20
juvenile
shelter
care
homes
that
is
utilized
for
the
limitation
21
on
recovery
of
unpaid
costs
shall
remain
at
the
amount
in
22
effect
for
this
purpose
in
the
preceding
fiscal
year.
23
10.
For
the
fiscal
year
beginning
July
1,
2010,
the
24
department
shall
calculate
reimbursement
rates
for
intermediate
25
care
facilities
for
persons
with
mental
retardation
at
the
26
80th
percentile.
Beginning
July
1,
2010,
the
rate
calculation
27
methodology
shall
utilize
the
consumer
price
index
inflation
28
factor
applicable
to
the
fiscal
year
beginning
July
1,
2010.
29
11.
For
the
fiscal
year
beginning
July
1,
2010,
for
child
30
care
providers
reimbursed
under
the
state
child
care
assistance
31
program,
the
department
shall
set
provider
reimbursement
32
rates
based
on
the
rate
reimbursement
survey
completed
in
33
December
2004.
Effective
July
1,
2010,
the
child
care
provider
34
reimbursement
rates
shall
remain
at
the
rates
in
effect
on
June
35
-61-
HF
2526
(9)
83
pf/jp/mb
61/
114
H.F.
2526
30,
2010.
The
department
shall
set
rates
in
a
manner
so
as
1
to
provide
incentives
for
a
nonregistered
provider
to
become
2
registered
by
applying
the
increase
only
to
registered
and
3
licensed
providers.
4
12.
For
the
fiscal
year
beginning
July
1,
2010,
5
reimbursements
for
providers
reimbursed
by
the
department
of
6
human
services
may
be
modified
if
appropriated
funding
is
7
allocated
for
that
purpose
from
the
senior
living
trust
fund
8
created
in
section
249H.4.
9
13.
The
department
may
adopt
emergency
rules
to
implement
10
this
section.
11
Sec.
34.
EMERGENCY
RULES.
12
1.
If
specifically
authorized
by
a
provision
of
this
13
division
of
this
Act,
the
department
of
human
services
or
the
14
mental
health,
mental
retardation,
developmental
disabilities,
15
and
brain
injury
commission
may
adopt
administrative
rules
16
under
section
17A.4,
subsection
3,
and
section
17A.5,
17
subsection
2,
paragraph
“b”,
to
implement
the
provisions
and
18
the
rules
shall
become
effective
immediately
upon
filing
or
19
on
a
later
effective
date
specified
in
the
rules,
unless
the
20
effective
date
is
delayed
by
the
administrative
rules
review
21
committee.
Any
rules
adopted
in
accordance
with
this
section
22
shall
not
take
effect
before
the
rules
are
reviewed
by
the
23
administrative
rules
review
committee.
The
delay
authority
24
provided
to
the
administrative
rules
review
committee
under
25
section
17A.4,
subsection
7,
and
section
17A.8,
subsection
9,
26
shall
be
applicable
to
a
delay
imposed
under
this
section,
27
notwithstanding
a
provision
in
those
sections
making
them
28
inapplicable
to
section
17A.5,
subsection
2,
paragraph
“b”.
29
Any
rules
adopted
in
accordance
with
the
provisions
of
this
30
section
shall
also
be
published
as
notice
of
intended
action
31
as
provided
in
section
17A.4.
32
2.
If
during
the
fiscal
year
beginning
July
1,
2010,
the
33
department
of
human
services
is
adopting
rules
in
accordance
34
with
this
section
or
as
otherwise
directed
or
authorized
by
35
-62-
HF
2526
(9)
83
pf/jp/mb
62/
114
H.F.
2526
state
law,
and
the
rules
will
result
in
an
expenditure
increase
1
beyond
the
amount
anticipated
in
the
budget
process
or
if
the
2
expenditure
was
not
addressed
in
the
budget
process
for
the
3
fiscal
year,
the
department
shall
notify
the
persons
designated
4
by
this
division
of
this
Act
for
submission
of
reports,
5
the
chairpersons
and
ranking
members
of
the
committees
on
6
appropriations,
and
the
department
of
management
concerning
the
7
rules
and
the
expenditure
increase.
The
notification
shall
be
8
provided
at
least
30
calendar
days
prior
to
the
date
notice
of
9
the
rules
is
submitted
to
the
administrative
rules
coordinator
10
and
the
administrative
code
editor.
11
Sec.
35.
REPORTS.
Any
reports
or
information
required
to
be
12
compiled
and
submitted
under
this
Act
shall
be
submitted
to
the
13
chairpersons
and
ranking
members
of
the
joint
appropriations
14
subcommittee
on
health
and
human
services,
the
legislative
15
services
agency,
and
the
legislative
caucus
staffs
on
or
16
before
the
dates
specified
for
submission
of
the
reports
or
17
information.
18
Sec.
36.
EFFECTIVE
DATE.
The
following
provisions
of
this
19
division
of
this
Act,
being
deemed
of
immediate
importance,
20
take
effect
upon
enactment:
21
The
provision
under
the
appropriation
for
child
and
family
22
services,
relating
to
requirements
of
section
232.143
for
23
representatives
of
the
department
of
human
services
and
24
juvenile
court
services
to
establish
a
plan
for
continuing
25
group
foster
care
expenditures
for
fiscal
year
2010-2011.
26
DIVISION
V
27
SENIOR
LIVING
TRUST
FUND,
28
PHARMACEUTICAL
SETTLEMENT
ACCOUNT,
29
IOWACARE
ACCOUNT,
HEALTH
CARE
30
TRANSFORMATION
ACCOUNT,
MEDICAID
FRAUD
ACCOUNT,
QUALITY
31
ASSURANCE
TRUST
FUND,
AND
UNDERGROUND
STORAGE
TANK
FUND
32
Sec.
37.
DEPARTMENT
ON
AGING.
There
is
appropriated
from
33
the
senior
living
trust
fund
created
in
section
249H.4
to
the
34
department
on
aging
for
the
fiscal
year
beginning
July
1,
2010,
35
-63-
HF
2526
(9)
83
pf/jp/mb
63/
114
H.F.
2526
and
ending
June
30,
2011,
the
following
amount,
or
so
much
1
thereof
as
is
necessary,
to
be
used
for
the
purpose
designated:
2
For
the
development
and
implementation
of
a
comprehensive
3
senior
living
program,
including
case
management
and
4
including
program
administration
and
costs
associated
with
5
implementation:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,486,698
7
1.
a.
Of
the
funds
appropriated
in
this
section,
$1,010,000
8
shall
be
transferred
to
the
department
of
human
services
in
9
equal
amounts
on
a
quarterly
basis
for
reimbursement
of
case
10
management
services
provided
under
the
medical
assistance
11
elderly
waiver.
12
b.
The
department
of
human
services
shall
review
13
projections
for
state
funding
expenditures
for
reimbursement
14
of
case
management
services
under
the
medical
assistance
15
elderly
waiver
on
a
quarterly
basis
and
shall
determine
if
an
16
adjustment
to
the
medical
assistance
reimbursement
rates
are
17
necessary
to
provide
reimbursement
within
the
state
funding
18
amounts
budgeted
under
the
appropriations
made
for
the
fiscal
19
year
for
the
medical
assistance
program.
Any
temporary
20
enhanced
federal
financial
participation
that
may
become
21
available
for
the
medical
assistance
program
during
the
fiscal
22
year
shall
not
be
used
in
projecting
the
medical
assistance
23
elderly
waiver
case
management
budget.
The
department
of
human
24
services
shall
revise
such
reimbursement
rates
as
necessary
to
25
maintain
expenditures
for
medical
assistance
elderly
waiver
26
case
management
services
within
the
state
funding
amounts
27
budgeted
under
the
appropriations
made
for
the
fiscal
year
for
28
the
medical
assistance
program.
29
2.
Notwithstanding
section
249H.7,
the
department
on
aging
30
shall
distribute
funds
appropriated
in
this
section
in
a
31
manner
that
will
supplement
and
maximize
federal
funds
under
32
the
federal
Older
Americans
Act
and
shall
not
use
the
amount
33
distributed
for
any
administrative
purposes
of
either
the
34
department
on
aging
or
the
area
agencies
on
aging.
35
-64-
HF
2526
(9)
83
pf/jp/mb
64/
114
H.F.
2526
3.
Of
the
funds
appropriated
in
this
section,
$60,000
1
shall
be
used
to
provide
dementia-specific
education
to
2
direct
care
workers
and
other
providers
of
long-term
care
3
to
enhance
existing
or
scheduled
efforts
through
the
Iowa
4
caregivers
association,
the
Alzheimer’s
association,
and
other
5
organizations
identified
as
appropriate
by
the
department.
6
4.
Of
the
funds
appropriated
in
this
section,
$51,000
shall
7
be
used
to
provide
funding
for
the
legal
hotline
for
older
8
Iowans.
9
5.
Of
the
funds
appropriated
in
this
section,
up
to
$193,000
10
shall
be
used
to
provide
state
matching
funds
for
the
senior
11
community
services
employment
program.
12
Sec.
38.
IOWA
FINANCE
AUTHORITY.
There
is
appropriated
13
from
the
senior
living
trust
fund
created
in
section
249H.4
to
14
the
Iowa
finance
authority
for
the
fiscal
year
beginning
July
15
1,
2010,
and
ending
June
30,
2011,
the
following
amount,
or
16
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
17
designated:
18
For
the
rent
subsidy
program,
to
provide
reimbursement
for
19
rent
expenses
to
eligible
persons:
20
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
700,000
21
Participation
in
the
rent
subsidy
program
shall
be
limited
22
to
only
those
persons
who
meet
the
requirements
for
the
nursing
23
facility
level
of
care
for
home
and
community-based
services
24
waiver
services
as
in
effect
on
July
1,
2010,
and
to
those
25
individuals
who
are
eligible
for
the
federal
money
follows
the
26
person
grant
program
under
the
medical
assistance
program.
Of
27
the
funds
appropriated
in
this
section,
not
more
than
$35,000
28
may
be
used
for
administrative
costs.
29
Sec.
39.
DEPARTMENT
OF
HUMAN
SERVICES.
Any
funds
remaining
30
in
the
senior
living
trust
fund
created
in
section
249H.4
31
following
the
appropriations
from
the
senior
living
trust
32
fund
made
in
this
division
of
this
Act
to
the
department
on
33
aging,
the
department
of
inspections
and
appeals,
and
the
Iowa
34
finance
authority,
for
the
fiscal
year
beginning
July
1,
2010,
35
-65-
HF
2526
(9)
83
pf/jp/mb
65/
114
H.F.
2526
and
ending
June
30,
2011,
are
appropriated
to
the
department
1
of
human
services
to
supplement
the
medical
assistance
2
program
appropriations
made
in
this
Act,
including
program
3
administration
and
costs
associated
with
implementation.
In
4
order
to
carry
out
the
purposes
of
this
section,
the
department
5
may
transfer
funds
appropriated
in
this
section
to
supplement
6
other
appropriations
made
to
the
department
of
human
services.
7
Sec.
40.
PHARMACEUTICAL
SETTLEMENT
ACCOUNT.
There
is
8
appropriated
from
the
pharmaceutical
settlement
account
created
9
in
section
249A.33
to
the
department
of
human
services
for
the
10
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
11
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
12
used
for
the
purpose
designated:
13
Notwithstanding
any
provision
of
law
to
the
contrary,
to
14
supplement
the
appropriations
made
for
medical
contracts
under
15
the
medical
assistance
program:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,027,613
17
Sec.
41.
APPROPRIATIONS
FROM
IOWACARE
ACCOUNT.
18
1.
There
is
appropriated
from
the
IowaCare
account
19
created
in
section
249J.24
to
the
state
board
of
regents
for
20
distribution
to
the
university
of
Iowa
hospitals
and
clinics
21
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
22
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
23
to
be
used
for
the
purposes
designated:
24
For
salaries,
support,
maintenance,
equipment,
and
25
miscellaneous
purposes,
for
the
provision
of
medical
and
26
surgical
treatment
of
indigent
patients,
for
provision
of
27
services
to
members
of
the
expansion
population
pursuant
to
28
chapter
249J,
and
for
medical
education:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
27,284,584
30
a.
Funds
appropriated
in
this
subsection
shall
not
be
used
31
to
perform
abortions
except
medically
necessary
abortions,
and
32
shall
not
be
used
to
operate
the
early
termination
of
pregnancy
33
clinic
except
for
the
performance
of
medically
necessary
34
abortions.
For
the
purpose
of
this
subsection,
an
abortion
is
35
-66-
HF
2526
(9)
83
pf/jp/mb
66/
114
H.F.
2526
the
purposeful
interruption
of
pregnancy
with
the
intention
1
other
than
to
produce
a
live-born
infant
or
to
remove
a
dead
2
fetus,
and
a
medically
necessary
abortion
is
one
performed
3
under
one
of
the
following
conditions:
4
(1)
The
attending
physician
certifies
that
continuing
the
5
pregnancy
would
endanger
the
life
of
the
pregnant
woman.
6
(2)
The
attending
physician
certifies
that
the
fetus
is
7
physically
deformed,
mentally
deficient,
or
afflicted
with
a
8
congenital
illness.
9
(3)
The
pregnancy
is
the
result
of
a
rape
which
is
reported
10
within
45
days
of
the
incident
to
a
law
enforcement
agency
or
11
public
or
private
health
agency
which
may
include
a
family
12
physician.
13
(4)
The
pregnancy
is
the
result
of
incest
which
is
reported
14
within
150
days
of
the
incident
to
a
law
enforcement
agency
15
or
public
or
private
health
agency
which
may
include
a
family
16
physician.
17
(5)
The
abortion
is
a
spontaneous
abortion,
commonly
known
18
as
a
miscarriage,
wherein
not
all
of
the
products
of
conception
19
are
expelled.
20
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
21
the
amount
appropriated
in
this
subsection
shall
be
distributed
22
based
on
claims
submitted,
adjudicated,
and
paid
by
the
Iowa
23
Medicaid
enterprise.
24
c.
Contingent
upon
implementation
of
2010
Iowa
Acts,
Senate
25
File
2356,
the
university
of
Iowa
hospitals
and
clinics
shall
26
certify
public
expenditures
in
an
amount
equal
to
provide
27
the
nonfederal
share
on
total
expenditures
not
to
exceed
28
$20,000,000.
29
2.
There
is
appropriated
from
the
IowaCare
account
30
created
in
section
249J.24
to
the
state
board
of
regents
for
31
distribution
to
the
university
of
Iowa
hospitals
and
clinics
32
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
33
2011,
the
following
amount,
or
so
much
thereof
as
is
necessary,
34
to
be
used
for
the
purposes
designated:
35
-67-
HF
2526
(9)
83
pf/jp/mb
67/
114
H.F.
2526
For
salaries,
support,
maintenance,
equipment,
and
1
miscellaneous
purposes,
for
the
provision
of
medical
and
2
surgical
treatment
of
indigent
patients,
for
provision
of
3
services
to
members
of
the
expansion
population
pursuant
to
4
chapter
249J,
and
for
medical
education:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
49,020,031
6
Notwithstanding
any
provision
of
law
to
the
contrary,
the
7
amount
appropriated
in
this
subsection
shall
be
distributed
8
based
on
claims
submitted,
adjudicated,
and
paid
by
the
Iowa
9
Medicaid
enterprise.
10
3.
Contingent
upon
enactment
of
2010
Iowa
Acts,
Senate
11
File
2356,
there
is
appropriated
from
the
IowaCare
account
12
created
in
section
249J.24,
to
the
state
board
of
regents
for
13
distribution
to
university
of
Iowa
physicians
for
the
fiscal
14
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
15
following
amount,
or
so
much
thereof
as
is
necessary
to
be
used
16
for
the
purposes
designated:
17
For
salaries,
support,
maintenance,
equipment,
and
18
miscellaneous
purposes
for
the
provision
of
medical
and
19
surgical
treatment
of
indigent
patients,
for
provision
of
20
services
to
members
of
the
expansion
population
pursuant
to
21
chapter
249J,
and
for
medical
education:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,000,000
23
Notwithstanding
any
provision
of
law
to
the
contrary,
the
24
amount
appropriated
in
this
subsection
shall
be
distributed
25
based
on
claims
submitted,
adjudicated,
and
paid
by
the
Iowa
26
Medicaid
enterprise.
Once
the
entire
amount
appropriated
in
27
this
subsection
has
been
distributed,
claims
shall
continue
to
28
be
submitted
and
adjudicated
by
the
Iowa
Medicaid
enterprise;
29
however,
no
payment
shall
be
made
based
upon
such
claims.
30
4.
There
is
appropriated
from
the
IowaCare
account
created
31
in
section
249J.24
to
the
department
of
human
services
for
the
32
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
33
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
34
used
for
the
purposes
designated:
35
-68-
HF
2526
(9)
83
pf/jp/mb
68/
114
H.F.
2526
For
distribution
to
a
publicly
owned
acute
care
teaching
1
hospital
located
in
a
county
with
a
population
over
350,000
for
2
the
provision
of
medical
and
surgical
treatment
of
indigent
3
patients,
for
provision
of
services
to
members
of
the
expansion
4
population
pursuant
to
chapter
249J,
and
for
medical
education:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
51,000,000
6
a.
Notwithstanding
any
provision
of
law
to
the
contrary,
7
the
amount
appropriated
in
this
subsection
shall
be
distributed
8
based
on
claims
submitted,
adjudicated,
and
paid
by
the
Iowa
9
Medicaid
enterprise
plus
a
monthly
disproportionate
share
10
hospital
payment.
Any
amount
appropriated
in
this
subsection
11
in
excess
of
$48,000,000
shall
be
distributed
only
if
the
sum
12
of
the
expansion
population
claims
adjudicated
and
paid
by
the
13
Iowa
Medicaid
enterprise
plus
the
estimated
disproportionate
14
share
hospital
payments
exceeds
$48,000,000.
The
amount
paid
15
in
excess
of
$48,000,000
shall
not
adjust
the
original
monthly
16
payment
amount
but
shall
be
distributed
monthly
based
on
actual
17
claims
adjudicated
and
paid
by
the
Iowa
Medicaid
enterprise
18
plus
the
estimated
disproportionate
share
hospital
amount.
Any
19
amount
appropriated
in
this
subsection
in
excess
of
$48,000,000
20
shall
be
allocated
only
if
federal
funds
are
available
to
match
21
the
amount
allocated.
22
b.
Notwithstanding
the
total
amount
of
proceeds
distributed
23
pursuant
to
section
249J.24,
subsection
6,
paragraph
“a”,
24
unnumbered
paragraph
1,
for
the
fiscal
year
beginning
July
25
1,
2010,
and
ending
June
30,
2011,
the
county
treasurer
of
a
26
county
with
a
population
of
over
350,000
in
which
a
publicly
27
owned
acute
care
teaching
hospital
is
located
shall
distribute
28
the
proceeds
collected
pursuant
to
section
347.7
in
a
total
29
amount
of
$38,000,000,
which
would
otherwise
be
distributed
to
30
the
county
hospital,
to
the
treasurer
of
state
for
deposit
in
31
the
IowaCare
account.
32
c.
(1)
Notwithstanding
the
amount
collected
and
33
distributed
for
deposit
in
the
IowaCare
account
pursuant
to
34
section
249J.24,
subsection
6,
paragraph
“a”,
subparagraph
35
-69-
HF
2526
(9)
83
pf/jp/mb
69/
114
H.F.
2526
(1),
the
first
$19,000,000
in
proceeds
collected
pursuant
to
1
section
347.7
between
July
1,
2010,
and
December
31,
2010,
2
shall
be
distributed
to
the
treasurer
of
state
for
deposit
in
3
the
IowaCare
account
and
collections
during
this
time
period
in
4
excess
of
$19,000,000
shall
be
distributed
to
the
acute
care
5
teaching
hospital
identified
in
this
subsection.
6
(2)
Notwithstanding
the
amount
collected
and
distributed
7
for
deposit
in
the
IowaCare
account
pursuant
to
section
8
249J.24,
subsection
6,
paragraph
“a”,
subparagraph
(2),
9
the
first
$19,000,000
in
collections
pursuant
to
section
10
347.7
between
January
1,
2011,
and
June
30,
2011,
shall
be
11
distributed
to
the
treasurer
of
state
for
deposit
in
the
12
IowaCare
account
and
collections
during
this
time
period
in
13
excess
of
$19,000,000
shall
be
distributed
to
the
acute
care
14
teaching
hospital
identified
in
this
subsection.
15
5.
Contingent
upon
enactment
of
2010
Iowa
Acts,
Senate
File
16
2356,
there
is
appropriated
from
the
IowaCare
account
created
17
in
section
249J.24
to
the
department
of
human
services
for
the
18
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
19
the
following
amount,
or
so
much
thereof
as
is
necessary
to
be
20
used
for
the
purpose
designated:
21
For
payment
to
the
regional
provider
network
specified
by
22
the
department
pursuant
to
2010
Iowa
Acts,
Senate
File
2356,
23
section
2,
amending
section
249J.7,
if
enacted,
for
provision
24
of
covered
services
to
members
of
the
expansion
population
25
pursuant
to
chapter
249J:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,000,000
27
Notwithstanding
any
provision
of
law
to
the
contrary,
the
28
amount
appropriated
in
this
subsection
shall
be
distributed
29
based
on
claims
submitted,
adjudicated,
and
paid
by
the
Iowa
30
Medicaid
enterprise.
Once
the
entire
amount
appropriated
in
31
this
subsection
has
been
distributed,
claims
shall
continue
to
32
be
submitted
and
adjudicated
by
the
Iowa
Medicaid
enterprise;
33
however,
no
payment
shall
be
made
based
upon
such
claims.
34
6.
Contingent
upon
enactment
of
2010
Iowa
Acts,
Senate
File
35
-70-
HF
2526
(9)
83
pf/jp/mb
70/
114
H.F.
2526
2356,
there
is
appropriated
from
the
IowaCare
account
created
1
in
section
249J.24
to
the
department
of
human
services
for
the
2
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
3
the
following
amount,
or
so
much
thereof
as
is
necessary
to
be
4
used
for
the
purposes
designated:
5
For
payment
to
nonparticipating
providers
for
covered
6
services
provided
in
accordance
with
section
249J.24A:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,000,000
8
Sec.
42.
APPROPRIATIONS
FROM
ACCOUNT
FOR
HEALTH
CARE
9
TRANSFORMATION
——
DEPARTMENT
OF
HUMAN
SERVICES.
10
Notwithstanding
any
provision
to
the
contrary,
there
is
11
appropriated
from
the
account
for
health
care
transformation
12
created
in
section
249J.23
to
the
department
of
human
services
13
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
14
30,
2011,
the
following
amounts,
or
so
much
thereof
as
is
15
necessary,
to
be
used
for
the
purposes
designated:
16
1.
For
the
costs
of
medical
examinations
for
the
expansion
17
population
pursuant
to
section
249J.6:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
556,800
19
2.
For
the
provision
of
an
IowaCare
nurse
helpline
for
the
20
expansion
population
as
provided
in
section
249J.6:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
22
3.
For
other
health
promotion
partnership
activities
23
pursuant
to
section
249J.14:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
600,000
25
4.
For
the
costs
related
to
audits,
performance
26
evaluations,
and
studies
required
pursuant
to
chapter
249J:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
125,000
28
5.
For
administrative
costs
associated
with
chapter
249J:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,132,412
30
6.
For
planning
and
development,
in
cooperation
with
the
31
department
of
public
health,
of
a
phased-in
program
to
provide
32
a
dental
home
for
children
in
accordance
with
section
249J.14:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,000,000
34
7.
For
continuation
of
the
establishment
of
the
tuition
35
-71-
HF
2526
(9)
83
pf/jp/mb
71/
114
H.F.
2526
assistance
for
individuals
serving
individuals
with
1
disabilities
pilot
program,
as
enacted
in
2008
Iowa
Acts,
2
chapter
1187,
section
130:
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
50,000
4
8.
For
medical
contracts:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,300,000
6
9.
For
payment
to
the
publicly
owned
acute
care
teaching
7
hospital
located
in
a
county
with
a
population
of
over
350,000
8
that
is
a
participating
provider
pursuant
to
chapter
249J:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
290,000
10
Disbursements
under
this
subsection
shall
be
made
monthly.
11
The
hospital
shall
submit
a
report
following
the
close
of
the
12
fiscal
year
regarding
use
of
the
funds
appropriated
in
this
13
subsection
to
the
persons
specified
in
this
Act
to
receive
14
reports.
15
Notwithstanding
section
8.39,
subsection
1,
without
the
16
prior
written
consent
and
approval
of
the
governor
and
the
17
director
of
the
department
of
management,
the
director
of
human
18
services
may
transfer
funds
among
the
appropriations
made
in
19
this
section
as
necessary
to
carry
out
the
purposes
of
the
20
account
for
health
care
transformation.
The
department
shall
21
report
any
transfers
made
pursuant
to
this
section
to
the
22
legislative
services
agency.
23
Sec.
43.
MEDICAID
FRAUD
ACCOUNT
——
DEPARTMENT
OF
24
INSPECTIONS
AND
APPEALS.
There
is
appropriated
from
the
25
Medicaid
fraud
account
created
in
section
249A.7
to
the
26
department
of
inspections
and
appeals
for
the
fiscal
year
27
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
28
amount
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
29
purposes
designated:
30
For
the
inspection
and
certification
of
assisted
living
31
programs
and
adult
day
care
services,
including
program
32
administration
and
costs
associated
with
implementation:
33
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,339,527
34
Sec.
44.
QUALITY
ASSURANCE
TRUST
FUND
——
DEPARTMENT
OF
HUMAN
35
-72-
HF
2526
(9)
83
pf/jp/mb
72/
114
H.F.
2526
SERVICES.
Notwithstanding
any
provision
to
the
contrary
and
1
subject
to
the
availability
of
funds,
there
is
appropriated
2
from
the
quality
assurance
trust
fund
created
in
section
3
249L.4
to
the
department
of
human
services
for
the
fiscal
year
4
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
5
amounts,
or
so
much
thereof
as
is
necessary
for
the
purposes
6
designated:
7
To
supplement
the
appropriation
made
in
this
Act
from
the
8
general
fund
of
the
state
to
the
department
of
human
services
9
for
medical
assistance:
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
8,500,000
11
1.
Funds
appropriated
in
this
section
shall
be
used
for
12
nursing
facility
reimbursement
under
the
medical
assistance
13
program
in
accordance
with
the
nursing
facility
reimbursement
14
provisions
of
division
IV
of
this
Act,
to
continue
application
15
of
the
administrative
rules
changes
relating
to
nursing
16
facility
reimbursement
and
payment
procedures
made
pursuant
to
17
2010
Iowa
Acts,
Senate
File
2366,
if
enacted,
for
the
fiscal
18
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
and
19
to
restore
the
5
percent
reduction
made
in
nursing
facility
20
reimbursement
in
accordance
with
executive
order
number
19
21
issued
October
8,
2009.
22
2.
The
costs
associated
with
the
implementation
of
this
23
section
shall
be
funded
exclusively
through
moneys
appropriated
24
from
the
quality
assurance
trust
fund,
and
shall
result
in
25
budget
neutrality
to
the
general
fund
of
the
state
for
the
26
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011.
27
Sec.
45.
IOWA
COMPREHENSIVE
PETROLEUM
UNDERGROUND
STORAGE
28
TANK
FUND.
There
is
appropriated
from
the
Iowa
comprehensive
29
petroleum
underground
storage
tank
fund
created
in
section
30
455G.3
to
the
following
designated
departments
for
the
fiscal
31
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
32
following
amounts,
or
so
much
thereof
as
is
necessary,
to
be
33
used
for
the
purposes
designated,
notwithstanding
section
34
455G.3,
subsection
1:
35
-73-
HF
2526
(9)
83
pf/jp/mb
73/
114
H.F.
2526
1.
To
the
department
of
public
health
for:
1
a.
Addictive
disorders:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
500,000
3
The
funds
appropriated
in
this
paragraph
shall
be
used
for
4
substance
abuse
treatment
and
prevention.
5
b.
Chronic
conditions:
6
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
35,000
7
(1)
Of
the
funds
appropriated
in
this
paragraph,
$20,000
8
shall
be
used
for
grants
to
individual
patients
who
have
9
phenylketonuria
(PKU)
to
assist
with
the
costs
of
necessary
10
special
foods.
11
(2)
Of
the
funds
appropriated
in
this
paragraph
$15,000
12
shall
be
used
for
child
health
specialty
clinics.
13
c.
Public
protection:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
15
Of
the
funds
appropriated
in
this
paragraph,
$100,000
shall
16
be
used
for
the
state
poison
control
center.
17
2.
To
the
department
of
human
services
for:
18
a.
Child
and
family
services:
19
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
925,000
20
(1)
Of
the
funds
appropriated
in
this
paragraph,
$600,000
21
shall
be
used
for
the
purposes
of
juvenile
delinquent
graduated
22
sanction
services.
23
(2)
Of
the
funds
appropriated
in
this
paragraph,
$200,000
24
shall
be
allocated
to
a
county
with
a
population
of
more
than
25
300,000
to
be
used
for
continuation
of
a
grant
to
support
26
child
care
center
services
provided
to
children
with
mental,
27
physical,
or
emotional
challenges
in
order
for
the
children
to
28
remain
in
a
home
or
family
setting.
29
(3)
Of
the
funds
appropriated
in
this
paragraph,
$25,000
30
shall
be
used
for
the
public
purpose
of
providing
a
grant
to
31
a
child
welfare
services
provider
headquartered
in
a
county
32
with
a
population
between
189,000
and
196,000
in
the
latest
33
preceding
certified
federal
census
that
provides
multiple
34
services
including
but
not
limited
to
a
psychiatric
medical
35
-74-
HF
2526
(9)
83
pf/jp/mb
74/
114
H.F.
2526
institution
for
children,
shelter,
residential
treatment,
after
1
school
programs,
school-based
programming,
and
an
Asperger’s
2
syndrome
program,
to
be
used
for
support
services
for
children
3
with
autism
spectrum
disorder
and
their
families.
4
(4)
Of
the
funds
appropriated
in
this
section,
$100,000
5
shall
be
used
for
a
one-time
grant
to
support
startup
costs
for
6
a
child
protection
center
to
be
operated
in
a
hospital
in
a
7
county
in
northeast
Iowa
with
a
population
between
120,000
and
8
135,000.
Population
numbers
used
in
this
subsection
are
from
9
the
latest
preceding
certified
federal
census.
10
b.
Family
support
subsidy:
11
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
100,000
12
The
funds
appropriated
in
this
paragraph
shall
be
used
for
13
the
family
support
center
component
of
the
comprehensive
family
14
support
program
under
section
225C.47.
15
c.
Child
support
recovery:
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
250,000
17
d.
Juvenile
institutions:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
600,000
19
(1)
Of
the
funds
appropriated
in
this
paragraph,
$200,000
20
shall
be
used
for
operation
of
the
Iowa
juvenile
home
at
21
Toledo.
22
(2)
Of
the
funds
appropriated
in
this
paragraph,
$400,000
23
shall
be
used
for
operation
of
the
state
training
school
at
24
Eldora.
25
e.
Mental
health
institutes:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
350,000
27
(1)
Of
the
funds
appropriated
in
this
paragraph,
$100,000
28
shall
be
used
for
the
state
mental
health
institute
at
29
Cherokee.
30
(2)
Of
the
funds
appropriated
in
this
paragraph,
$100,000
31
shall
be
used
for
the
state
mental
health
institute
at
32
Clarinda.
33
(3)
Of
the
funds
appropriated
in
this
paragraph,
$100,000
34
shall
be
used
for
the
state
mental
health
institute
at
35
-75-
HF
2526
(9)
83
pf/jp/mb
75/
114
H.F.
2526
Independence.
1
(4)
Of
the
funds
appropriated
in
this
paragraph,
$50,000
2
shall
be
used
for
the
state
mental
health
institute
at
Mount
3
Pleasant.
4
f.
MI/MR/DD
state
cases:
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,000,000
6
g.
Sexually
violent
predators:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
800,000
8
h.
Field
operations:
9
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,340,000
10
Sec.
46.
MEDICAL
ASSISTANCE
PROGRAM
——
NONREVERSION
FOR
11
FY
2011-2012.
Notwithstanding
any
section
8.33,
if
moneys
12
appropriated
for
purposes
of
the
medical
assistance
program
for
13
the
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
14
2011,
from
the
general
fund
of
the
state,
the
senior
living
15
trust
fund,
and
the
health
care
trust
fund,
are
in
excess
of
16
actual
expenditures
for
the
medical
assistance
program
and
17
remain
unencumbered
or
unobligated
at
the
close
of
the
fiscal
18
year,
the
excess
moneys
shall
not
revert
but
shall
remain
19
available
for
expenditure
for
the
purposes
of
the
medical
20
assistance
program
until
the
close
of
the
succeeding
fiscal
21
year.
22
DIVISION
VI
23
MH/MR/DD
SERVICES
24
ALLOWED
GROWTH
FUNDING
25
FY
2010-2011
26
Sec.
47.
2009
Iowa
Acts,
chapter
179,
section
1,
is
amended
27
to
read
as
follows:
28
SECTION
1.
COUNTY
MENTAL
HEALTH,
MENTAL
RETARDATION,
AND
29
DEVELOPMENTAL
DISABILITIES
ALLOWED
GROWTH
APPROPRIATION
AND
30
ALLOCATIONS
——
FISCAL
YEAR
2010-2011.
31
1.
There
is
appropriated
from
the
general
fund
of
the
32
state
to
the
department
of
human
services
for
the
fiscal
year
33
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
34
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
35
-76-
HF
2526
(9)
83
pf/jp/mb
76/
114
H.F.
2526
purpose
designated:
1
For
distribution
to
counties
of
the
county
mental
health,
2
mental
retardation,
and
developmental
disabilities
allowed
3
growth
factor
adjustment
for
fiscal
year
2010-2011
as
provided
4
in
this
section
in
lieu
of
the
allowed
growth
factor
provisions
5
of
section
331.438,
subsection
2,
and
section
331.439,
6
subsection
3,
and
chapter
426B
:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
62,157,491
8
48,697,893
9
2.
The
amount
appropriated
in
this
section
shall
be
10
allocated
as
provided
in
a
later
enactment
of
the
general
11
assembly.
12
Sec.
48.
2009
Iowa
Acts,
chapter
179,
section
1,
as
13
amended
by
this
division
of
this
Act,
is
amended
by
adding
the
14
following
new
subsections:
15
NEW
SUBSECTION
.
1.
Of
the
amount
appropriated
in
this
16
section,
$12,000,000
shall
be
distributed
as
provided
in
this
17
subsection.
18
a.
To
be
eligible
to
receive
a
distribution
under
this
19
subsection,
a
county
must
meet
the
following
requirements:
20
(1)
The
county
is
levying
for
the
maximum
amount
allowed
21
for
the
county’s
mental
health,
mental
retardation,
and
22
developmental
disabilities
services
fund
under
section
331.424A
23
for
taxes
due
and
payable
in
the
fiscal
year
beginning
July
1,
24
2010,
or
the
county
is
levying
for
at
least
90
percent
of
the
25
maximum
amount
allowed
for
the
county’s
services
fund
and
that
26
levy
rate
is
more
than
$2
per
$1,000
of
the
assessed
value
of
27
all
taxable
property
in
the
county.
28
(2)
In
the
fiscal
year
beginning
July
1,
2008,
the
29
county’s
mental
health,
mental
retardation,
and
developmental
30
disabilities
services
fund
ending
balance
under
generally
31
accepted
accounting
principles
was
equal
to
or
less
than
15
32
percent
of
the
county’s
actual
gross
expenditures
for
that
33
fiscal
year.
34
b.
A
county’s
allocation
of
the
amount
appropriated
in
35
-77-
HF
2526
(9)
83
pf/jp/mb
77/
114
H.F.
2526
this
subsection
shall
be
determined
based
upon
the
county’s
1
proportion
of
the
general
population
of
the
counties
eligible
2
to
receive
an
allocation
under
this
subsection.
The
most
3
recent
population
estimates
issued
by
the
United
States
bureau
4
of
the
census
shall
be
applied
in
determining
population
for
5
the
purposes
of
this
paragraph.
6
c.
The
allocations
made
pursuant
to
this
subsection
7
are
subject
to
the
distribution
provisions
and
withholding
8
requirements
established
in
this
section
for
the
county
mental
9
health,
mental
retardation,
and
developmental
disabilities
10
allowed
growth
factor
adjustment
for
the
fiscal
year
beginning
11
July
1,
2010.
12
NEW
SUBSECTION
.
2.
The
following
amount
of
the
funding
13
appropriated
in
this
section
is
the
allowed
growth
factor
14
adjustment
for
fiscal
year
2010-2011,
and
shall
be
credited
to
15
the
allowed
growth
funding
pool
created
in
the
property
tax
16
relief
fund
and
for
distribution
in
accordance
with
section
17
426B.5,
subsection
1:
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
36,551,143
19
NEW
SUBSECTION
.
3.
The
following
formula
amounts
shall
be
20
utilized
only
to
calculate
preliminary
distribution
amounts
for
21
the
allowed
growth
factor
adjustment
for
fiscal
year
2010-2011
22
under
this
section
by
applying
the
indicated
formula
provisions
23
to
the
formula
amounts
and
producing
a
preliminary
distribution
24
total
for
each
county:
25
a.
For
calculation
of
a
distribution
amount
for
eligible
26
counties
from
the
allowed
growth
funding
pool
created
in
the
27
property
tax
relief
fund
in
accordance
with
the
requirements
in
28
section
426B.5,
subsection
1:
29
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
49,626,596
30
b.
For
calculation
of
a
distribution
amount
for
counties
31
from
the
mental
health
and
developmental
disabilities
(MH/DD)
32
community
services
fund
in
accordance
with
the
formula
provided
33
in
the
appropriation
made
for
the
MH/DD
community
services
fund
34
for
the
fiscal
year
beginning
July
1,
2010:
35
-78-
HF
2526
(9)
83
pf/jp/mb
78/
114
H.F.
2526
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
14,187,556
1
NEW
SUBSECTION
.
4.
a.
After
applying
the
applicable
2
statutory
distribution
formulas
to
the
amounts
indicated
in
3
subsection
3
for
purposes
of
producing
preliminary
distribution
4
totals,
the
department
of
human
services
shall
apply
a
5
withholding
factor
to
adjust
an
eligible
individual
county’s
6
preliminary
distribution
total.
In
order
to
be
eligible
for
7
a
distribution
under
this
section,
a
county
must
be
levying
8
90
percent
or
more
of
the
maximum
amount
allowed
for
the
9
county’s
mental
health,
mental
retardation,
and
developmental
10
disabilities
services
fund
under
section
331.424A
for
taxes
due
11
and
payable
in
the
fiscal
year
for
which
the
distribution
is
12
payable.
13
b.
An
ending
balance
percentage
for
each
county
shall
14
be
determined
by
expressing
the
county’s
ending
balance
on
a
15
modified
accrual
basis
under
generally
accepted
accounting
16
principles
for
the
fiscal
year
beginning
July
1,
2008,
in
the
17
county’s
mental
health,
mental
retardation,
and
developmental
18
disabilities
services
fund
created
under
section
331.424A,
as
a
19
percentage
of
the
county’s
gross
expenditures
from
that
fund
20
for
that
fiscal
year.
If
a
county
borrowed
moneys
for
purposes
21
of
providing
services
from
the
county’s
services
fund
on
or
22
before
July
1,
2008,
and
the
county’s
services
fund
ending
23
balance
for
that
fiscal
year
includes
the
loan
proceeds
or
an
24
amount
designated
in
the
county
budget
to
service
the
loan
for
25
the
borrowed
moneys,
those
amounts
shall
not
be
considered
26
to
be
part
of
the
county’s
ending
balance
for
purposes
of
27
calculating
an
ending
balance
percentage
under
this
subsection.
28
c.
For
purposes
of
calculating
withholding
factors
and
for
29
ending
balance
amounts
used
for
other
purposes
under
law,
the
30
county
ending
balances
shall
be
adjusted,
using
forms
developed
31
for
this
purpose
by
the
county
finance
committee,
to
disregard
32
the
temporary
funding
increase
provided
to
the
counties
for
33
the
fiscal
year
through
the
federal
American
Recovery
and
34
Reinvestment
Act
of
2009,
Pub.
L.
No.
111-5.
In
addition,
35
-79-
HF
2526
(9)
83
pf/jp/mb
79/
114
H.F.
2526
a
county
may
adjust
the
ending
balance
amount
by
rebating
to
1
the
department
all
or
a
portion
of
the
allowed
growth
and
2
MH/DD
services
fund
moneys
the
county
received
for
the
fiscal
3
year
beginning
July
1,
2009,
in
accordance
with
2008
Iowa
4
Acts,
chapter
1191,
as
amended
by
2009
Iowa
Acts,
chapter
182,
5
section
55,
or
from
any
other
services
fund
moneys
available
6
to
the
county.
The
rebate
must
be
remitted
to
the
department
7
on
or
before
June
1,
2010,
in
order
to
be
counted.
The
amount
8
rebated
by
a
county
shall
be
subtracted
dollar-for-dollar
9
from
the
county’s
ending
balance
amount
for
the
fiscal
year
10
beginning
July
1,
2008,
for
purposes
of
calculating
the
11
withholding
factor
and
for
other
ending
balance
purposes
for
12
the
fiscal
year
beginning
July
1,
2010.
The
rebates
received
13
by
the
department
shall
be
credited
to
the
property
tax
relief
14
fund
and
distributed
as
additional
funding
for
the
fiscal
15
year
beginning
July
1,
2010,
in
accordance
with
the
formula
16
provisions
in
this
section.
17
d.
The
withholding
factor
for
a
county
shall
be
the
18
following
applicable
percent:
19
(1)
For
an
ending
balance
percentage
of
less
than
5
20
percent,
a
withholding
factor
of
0
percent.
In
addition,
21
a
county
that
is
subject
to
this
lettered
paragraph
shall
22
receive
an
inflation
adjustment
equal
to
3
percent
of
the
gross
23
expenditures
reported
for
the
county’s
services
fund
for
the
24
fiscal
year.
25
(2)
For
an
ending
balance
percentage
of
5
percent
or
more
26
but
less
than
10
percent,
a
withholding
factor
of
0
percent.
27
In
addition,
a
county
that
is
subject
to
this
lettered
28
paragraph
shall
receive
an
inflation
adjustment
equal
to
2
29
percent
of
the
gross
expenditures
reported
for
the
county’s
30
services
fund
for
the
fiscal
year.
31
(3)
For
an
ending
balance
percentage
of
10
percent
or
more
32
but
less
than
25
percent,
a
withholding
factor
of
25
percent.
33
However,
for
a
county
that
is
subject
to
this
subparagraph,
the
34
amount
withheld
shall
be
limited
to
the
amount
by
which
the
35
-80-
HF
2526
(9)
83
pf/jp/mb
80/
114
H.F.
2526
county’s
ending
balance
was
in
excess
of
the
ending
balance
1
percentage
of
10
percent.
2
(4)
For
an
ending
balance
percentage
of
25
percent
or
more,
3
a
withholding
percentage
of
100
percent.
4
NEW
SUBSECTION
.
5.
The
total
withholding
amounts
applied
5
pursuant
to
subsection
4
shall
be
equal
to
a
withholding
target
6
amount
of
$13,075,453.
If
the
department
of
human
services
7
determines
that
the
amount
to
be
withheld
in
accordance
with
8
subsection
5
is
not
equal
to
the
target
withholding
amount,
9
the
department
shall
adjust
the
withholding
factors
listed
in
10
subsection
5
as
necessary
to
achieve
the
target
withholding
11
amount.
However,
in
making
such
adjustments
to
the
withholding
12
factors,
the
department
shall
strive
to
minimize
changes
to
13
the
withholding
factors
for
those
ending
balance
percentage
14
ranges
that
are
lower
than
others
and
shall
not
adjust
the
15
zero
withholding
factor
or
the
inflation
adjustment
percentage
16
specified
in
subsection
4,
paragraph
“a”.
17
DIVISION
VII
18
PRIOR
APPROPRIATIONS
AND
19
RELATED
CHANGES
20
LEAD
TRAINING
AND
21
CERTIFICATION
PROGRAMS
22
Sec.
49.
Section
135.105A,
subsection
5,
Code
Supplement
23
2009,
is
amended
to
read
as
follows:
24
5.
The
department
shall
adopt
rules
regarding
minimum
25
requirements
for
lead
inspector,
lead
abater,
and
lead-safe
26
renovator
training
programs,
certification,
work
practice
27
standards,
and
suspension
and
revocation
requirements,
and
28
shall
implement
the
training
and
certification
programs.
The
29
department
shall
seek
federal
funding
and
shall
establish
fees
30
in
amounts
sufficient
to
defray
the
cost
of
the
programs.
31
The
fees
shall
be
used
for
any
of
the
department’s
duties
32
under
this
division,
including
but
not
limited
to
the
costs
33
of
full-time
equivalent
positions
for
program
services
and
34
investigations.
Fees
received
shall
be
considered
repayment
35
-81-
HF
2526
(9)
83
pf/jp/mb
81/
114
H.F.
2526
receipts
as
defined
in
section
8.2.
1
CERTIFIED
RETIREMENT
COMMUNITIES
2
Sec.
50.
Section
231.24,
subsection
9,
Code
Supplement
3
2009,
is
amended
to
read
as
follows:
4
9.
Program
administration
deferral.
If
in
the
fiscal
5
year
beginning
July
1,
2009,
the
department
on
aging’s
6
appropriations
or
authorized
full-time
equivalent
positions
are
7
reduced,
the
The
department
may
defer
the
implementation
of
8
the
certified
retirement
communities
program
until
such
time
9
as
the
department
has
the
resources
to
administer
the
program
,
10
as
determined
by
the
director
.
11
AREA
AGENCY
ON
AGING
12
BOARD
TRAINING
13
Sec.
51.
Section
231.33,
subsection
19,
Code
Supplement
14
2009,
is
amended
by
striking
the
subsection.
15
DEMENTIA
TRAINING
16
Sec.
52.
2008
Iowa
Acts,
chapter
1140,
section
3,
is
amended
17
to
read
as
follows:
18
SEC.
3.
IMPLEMENTATION
——
CONTINGENCY
.
The
department
19
of
elder
affairs
on
aging
shall
implement
on
or
before
July
20
1,
2010,
the
initial
provisions
for
expanding
and
improving
21
training
and
education
of
those
who
regularly
deal
with
persons
22
with
Alzheimer's
disease
and
similar
forms
of
irreversible
23
dementia
and
for
providing
funding
for
public
awareness
efforts
24
and
educational
efforts
in
accordance
with
section
231.62,
25
as
enacted
by
this
Act
,
contingent
upon
the
availability
of
26
funding
as
determined
by
the
director
.
27
REGIONAL
SERVICE
NETWORK
28
PILOT
PROJECT
29
Sec.
53.
2008
Iowa
Acts,
chapter
1187,
section
59,
30
subsection
9,
paragraph
a,
is
amended
to
read
as
follows:
31
a.
The
department
of
human
services
may
implement
a
pilot
32
project
for
a
regional
service
network
established
for
mental
33
health,
mental
retardation,
and
developmental
disabilities
34
services
paid
from
the
services
funds
under
section
331.424A.
35
-82-
HF
2526
(9)
83
pf/jp/mb
82/
114
H.F.
2526
The
initial
term
of
the
pilot
project
is
limited
to
the
1
two-year
period
beginning
July
1,
2008,
and
ending
June
30,
2
2010
2011
.
3
VIETNAM
CONFLICT
VETERANS
4
BONUS
FUND
5
Sec.
54.
2008
Iowa
Acts,
chapter
1187,
section
68,
as
6
amended
by
2009
Iowa
Acts,
chapter
182,
section
82,
is
amended
7
to
read
as
follows:
8
Notwithstanding
section
8.33,
moneys
appropriated
in
this
9
section
that
remain
unencumbered
or
unobligated
at
the
close
of
10
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
11
expenditure
for
the
purposes
designated
until
the
close
of
the
12
fiscal
year
beginning
July
1,
2009
2010
.
13
INJURED
VETERANS
GRANT
PROGRAM
14
Sec.
55.
2008
Iowa
Acts,
chapter
1187,
section
69,
as
15
amended
by
2009
Iowa
Acts,
chapter
182,
section
83,
is
amended
16
to
read
as
follows:
17
Notwithstanding
section
8.33,
moneys
appropriated
in
this
18
subsection
that
remain
unencumbered
or
unobligated
at
the
close
19
of
the
fiscal
year
shall
not
revert
but
shall
remain
available
20
for
expenditure
for
the
purposes
designated
until
the
close
of
21
the
fiscal
year
beginning
July
1,
2009
2010
.
22
HEALTH
CARE
COVERAGE
23
EXPANSION
24
Sec.
56.
2008
Iowa
Acts,
chapter
1188,
section
16,
as
25
amended
by
2009
Iowa
Acts,
chapter
182,
section
84,
is
amended
26
to
read
as
follows:
27
SEC.
16.
MEDICAL
ASSISTANCE,
HAWK-I,
AND
HAWK-I
EXPANSION
28
PROGRAMS
——
COVERING
CHILDREN
——
APPROPRIATION.
There
29
is
appropriated
from
the
general
fund
of
the
state
to
the
30
department
of
human
services
for
the
designated
fiscal
years,
31
the
following
amounts,
or
so
much
thereof
as
is
necessary,
for
32
the
purpose
designated:
33
To
cover
children
as
provided
in
this
Act
under
the
medical
34
assistance,
hawk-i,
and
hawk-i
expansion
programs
and
outreach
35
-83-
HF
2526
(9)
83
pf/jp/mb
83/
114
H.F.
2526
under
the
current
structure
of
the
programs:
1
FY
2008-2009
....................................
$
4,800,000
2
FY
2009-2010
....................................
$
4,207,001
3
FY
2010-2011
....................................
$
24,800,000
4
10,049,532
5
PATIENT
DECISION
6
MAKING
——
PILOT
PROJECT
7
Sec.
57.
2008
Iowa
Acts,
chapter
1188,
section
36,
8
subsections
1
and
2,
are
amended
to
read
as
follows:
9
1.
The
department
of
public
health
shall
establish
a
10
two-year
community
coalition
for
patient
treatment
wishes
11
across
the
health
care
continuum
pilot
project,
beginning
July
12
1,
2008,
and
ending
June
30,
2010
2012
,
in
a
county
with
a
13
population
of
between
fifty
one
hundred
seventy-five
thousand
14
and
one
two
hundred
twenty-five
thousand
and
in
one
contiguous
15
rural
county
.
The
pilot
project
shall
utilize
the
process
16
based
upon
the
national
physicians
orders
for
life
sustaining
17
treatment
program
initiative,
including
use
of
a
standardized
18
physician
order
for
scope
of
treatment
form.
The
process
19
shall
require
validation
of
the
physician
order
for
scope
of
20
treatment
form
by
the
signature
of
an
individual
other
than
21
the
patient
or
the
patient's
legal
representative
who
is
not
22
an
employee
of
the
patient's
physician.
The
pilot
project
may
23
include
applicability
to
chronically
ill,
frail,
and
elderly
or
24
terminally
ill
individuals
in
hospitals
licensed
pursuant
to
25
chapter
135B,
nursing
facilities
or
residential
care
facilities
26
licensed
pursuant
to
chapter
135C,
or
hospice
programs
as
27
defined
in
section
135J.1.
28
2.
The
department
of
public
health
shall
convene
an
29
advisory
council,
consisting
of
representatives
of
entities
30
with
interest
in
the
pilot
project,
including
but
not
31
limited
to
the
Iowa
hospital
association,
the
Iowa
medical
32
society,
organizations
representing
health
care
facilities,
33
representatives
of
health
care
providers,
and
the
Iowa
trial
34
lawyers
association,
to
develop
recommendations
for
expanding
35
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the
pilot
project
statewide.
The
advisory
council
shall
report
1
its
findings
and
recommendations,
including
recommendations
2
for
legislation,
to
the
governor
and
the
general
assembly
by
3
January
1,
2010
2012
.
4
MEDICAID
PROGRAMS
——
PROCESS
5
REQUIREMENTS
6
Sec.
58.
2009
Iowa
Acts,
chapter
118,
section
38,
subsection
7
3,
is
amended
by
striking
the
subsection.
8
GENERAL
FUND
ADDICTIVE
DISORDERS
——
TOBACCO
USE
PREVENTION
AND
9
CONTROL
INITIATIVE
10
Sec.
59.
2009
Iowa
Acts,
chapter
182,
section
2,
subsection
11
1,
paragraph
a,
is
amended
by
adding
the
following
new
12
subparagraph:
13
NEW
SUBPARAGRAPH
.
(3)
Notwithstanding
section
8.33,
moneys
14
allocated
in
this
paragraph
“a”
that
remain
unencumbered
or
15
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
16
but
shall
remain
available
for
expenditure
for
the
purposes
17
designated
until
the
close
of
the
succeeding
fiscal
year.
18
IOWA
VETERANS
HOME
19
Sec.
60.
2009
Iowa
Acts,
chapter
182,
section
3,
subsection
20
2,
is
amended
by
adding
the
following
new
paragraph:
21
NEW
PARAGRAPH
.
d.
The
funds
appropriated
in
this
subsection
22
to
the
Iowa
veterans
home
that
remain
available
for
expenditure
23
for
the
succeeding
fiscal
year
pursuant
to
section
35D.18,
24
subsection
5,
shall
be
distributed
to
be
used
in
the
succeeding
25
fiscal
year
in
accordance
with
this
lettered
paragraph.
The
26
first
$500,000
shall
remain
available
to
be
used
for
the
27
purposes
of
the
Iowa
veterans
home.
On
or
before
October
15,
28
2010,
the
department
of
management
shall
transfer
not
more
than
29
$1,000,000
to
the
appropriation
to
the
department
of
human
30
services
for
field
operations.
Any
remaining
funding
shall
be
31
used
for
purposes
of
the
Iowa
veterans
home.
32
TEMPORARY
ASSISTANCE
FOR
NEEDY
33
FAMILIES
BLOCK
GRANT
34
Sec.
61.
2009
Iowa
Acts,
chapter
182,
section
5,
is
amended
35
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by
adding
the
following
new
subsection:
1
NEW
SUBSECTION
.
15.
Notwithstanding
section
8.33,
moneys
2
appropriated
in
this
section
that
remain
unencumbered
or
3
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
4
but
shall
remain
available
for
expenditure
for
the
family
5
investment
program
until
the
close
of
the
succeeding
fiscal
6
year.
7
BEHAVIORAL
HEALTH
SERVICES
8
ACCOUNT
——
MEDICAL
ASSISTANCE
9
Sec.
62.
2009
Iowa
Acts,
chapter
182,
section
9,
subsection
10
16,
paragraph
b,
is
amended
to
read
as
follows:
11
b.
The
department
shall
continue
to
maintain
a
separate
12
account
within
the
medical
assistance
budget
for
the
deposit
13
of
all
funds
remitted
pursuant
to
a
contract
with
a
third
14
party
to
administer
behavioral
health
services
under
the
15
medical
assistance
program
established
pursuant
to
2008
Iowa
16
Acts,
chapter
1187,
section
9,
subsection
20.
Notwithstanding
17
section
8.33,
other
than
funds
remaining
from
the
appropriation
18
allocations
made
for
implementation
of
the
emergency
mental
19
health
crisis
services
and
system,
for
implementation
of
the
20
mental
health
services
system
for
children
and
youth,
and
21
for
training
of
child
welfare
services
providers
in
2008
22
Iowa
Acts,
chapter
1187,
section
9,
subsection
20,
paragraph
23
“c”,
subparagraphs
(1),
(2),
and
(6),
as
authorized
in
2009
24
Iowa
Acts,
chapter
182,
section
72,
funds
remaining
in
the
25
account
that
remain
unencumbered
or
unobligated
at
the
end
of
26
any
the
fiscal
year
shall
not
revert
but
shall
remain
available
27
in
succeeding
fiscal
years
and
shall
be
used
only
in
accordance
28
with
appropriations
from
the
account
for
health
and
human
29
services-related
purposes
are
appropriated
to
the
department
to
30
be
used
for
the
medical
assistance
program
.
31
STATE
SUPPLEMENTARY
32
ASSISTANCE
PROGRAM
33
Sec.
63.
2009
Iowa
Acts,
chapter
182,
section
12,
is
amended
34
by
adding
the
following
new
subsection:
35
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NEW
SUBSECTION
.
4.
Notwithstanding
section
8.33,
moneys
1
appropriated
in
this
section
that
remain
unencumbered
or
2
unobligated
at
the
close
of
the
fiscal
year
shall
remain
3
available
for
expenditure
for
the
purposes
designated
until
the
4
close
of
the
succeeding
fiscal
year.
5
NEIGHBORHOOD
AFFORDABLE
6
HOUSING
——
CHILD
DEVELOPMENT
7
PROGRAM
8
Sec.
64.
2009
Iowa
Acts,
chapter
182,
section
14,
subsection
9
9,
is
amended
by
adding
the
following
new
unnumbered
paragraph:
10
NEW
UNNUMBERED
PARAGRAPH
.
Notwithstanding
section
8.33,
11
moneys
allocated
in
this
subsection
that
remain
unencumbered
or
12
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
13
but
shall
remain
available
for
expenditure
for
the
purposes
14
designated
until
expended.
15
IOWACARE
16
Sec.
65.
2009
Iowa
Acts,
chapter
182,
section
48,
subsection
17
3,
unnumbered
paragraph
2
and
paragraph
“a”,
are
amended
to
18
read
as
follows:
19
For
distribution
to
a
publicly
owned
acute
care
teaching
20
hospital
located
in
a
county
with
a
population
over
350,000
for
21
the
provision
of
medical
and
surgical
treatment
of
indigent
22
patients,
for
provision
of
services
to
members
of
the
expansion
23
population
pursuant
to
chapter
249J,
and
for
medical
education:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
46,000,000
25
47,000,000
26
a.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
27
amount
appropriated
in
this
subsection
shall
be
allocated
in
28
twelve
equal
monthly
payments
as
provided
in
section
249J.24.
29
Any
amount
appropriated
in
this
subsection
in
excess
of
30
$41,000,000
$45,000,000
shall
be
distributed
only
if
the
sum
31
of
the
expansion
population
claims
adjudicated
and
paid
by
the
32
Iowa
Medicaid
enterprise
plus
the
estimated
disproportionate
33
share
hospital
payments
exceeds
$45,000,000.
The
amount
paid
34
in
excess
of
$45,000,000
shall
not
adjust
the
original
monthly
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payment
amount
but
shall
be
distributed
monthly
based
on
actual
1
claims
adjudicated
and
paid
by
the
Iowa
Medicaid
enterprise
2
plus
the
estimated
disproportionate
share
hospital
amount.
Any
3
amount
appropriated
in
this
subsection
in
excess
of
$45,000,000
4
shall
be
allocated
only
if
federal
funds
are
available
to
match
5
the
amount
allocated.
6
HEALTH
CARE
TRUST
FUND
ADDICTIVE
DISORDERS
——
TOBACCO
USE
7
PREVENTION
AND
CONTROL
INITIATIVE
8
Sec.
66.
2009
Iowa
Acts,
chapter
182,
section
60,
subsection
9
1,
paragraph
b,
is
amended
by
adding
the
following
new
10
unnumbered
paragraph:
11
NEW
UNNUMBERED
PARAGRAPH
.
Notwithstanding
section
8.33,
12
moneys
allocated
in
this
paragraph
“b”
that
remain
unencumbered
13
or
unobligated
at
the
close
of
the
fiscal
year
shall
not
revert
14
but
shall
remain
available
for
expenditure
for
the
purposes
15
designated
until
the
close
of
the
succeeding
fiscal
year.
16
ADDICTIVE
DISORDERS
——
NONREVERSION
17
Sec.
67.
ADDICTIVE
DISORDERS
NONREVERSION
DIRECTIVE.
The
18
authority
provided
in
this
division
of
this
Act
for
19
nonreversion
of
the
appropriations
for
addictive
disorders
20
allocated
for
the
tobacco
use
prevention
and
control
21
initiative,
as
referenced
in
this
section,
is
limited
to
22
$500,000
and
shall
be
realized
by
applying
the
authority
to
23
such
appropriations
in
the
following
order
until
the
limitation
24
amount
is
reached:
25
1.
The
allocation
made
from
the
general
fund
of
the
state
26
in
2009
Iowa
Acts,
chapter
182,
section
60,
subsection
1,
27
paragraph
“b”.
28
2.
The
allocation
made
from
the
health
care
trust
fund
in
29
2009
Iowa
Acts,
chapter
182,
section
2,
subsection
1,
paragraph
30
“a”.
31
Sec.
68.
2009
Iowa
Acts,
chapter
182,
section
5A,
as
enacted
32
by
2010
Iowa
Acts,
Senate
File
2151,
section
2,
is
amended
by
33
adding
the
following
new
subsection:
34
4.
a.
(1)
To
the
extent
other
federal
funding
is
not
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available
for
summer
youth
programs
administered
by
the
1
department
of
workforce
development
and
provided
the
match
2
requirement
is
met
through
the
employment
programs,
in
3
addition
to
the
amount
appropriated
in
subsection
1,
funding
is
4
appropriated
from
the
same
source
and
for
the
same
fiscal
year
5
addressed
in
subsection
1,
to
the
department
of
human
services
6
to
be
used
for
summer
youth
employment
programs
administered
7
by
the
department
of
workforce
development
for
the
fiscal
year
8
beginning
July
1,
2009,
in
accordance
with
the
requirements
of
9
this
lettered
paragraph.
10
(2)
The
department
of
human
services
shall
collaborate
11
with
the
department
of
workforce
development
to
secure
12
additional
federal
funds
from
the
emergency
contingency
fund
13
for
the
temporary
assistance
for
needy
families
state
program
14
established
pursuant
to
the
federal
American
Recovery
and
15
Reinvestment
Act
of
2009,
Pub.
L.
No.
111-5
§
2101.
This
16
collaboration
shall
be
for
the
express
limited
purpose
of
17
securing
emergency
contingency
funds
to
subsidize
wages
18
paid
on
behalf
of
individuals
participating
in
the
summer
19
youth
employment
program
administered
by
the
department
of
20
workforce
development.
Subsidized
wages
shall
be
eligible
for
21
reimbursement
under
the
terms
of
the
federal
American
Recovery
22
and
Reinvestment
Act
of
2009,
Pub.
L.
No.
111-5
§
2101,
or
23
successor
legislation,
which
may
extend
the
availability
of
24
emergency
contingency
funds.
The
collaboration
between
the
two
25
agencies
shall
be
formalized
through
a
memorandum
of
agreement.
26
(3)
Federal
funds
received
as
the
result
of
this
27
collaboration
shall
be
transferred
to
the
department
of
28
workforce
development
for
the
sole
purpose
of
covering
the
29
costs
of
wages
paid
on
behalf
of
individuals
participating
30
in
the
summer
youth
employment
program
administered
by
the
31
department
of
workforce
development.
The
department
of
32
workforce
development
shall
ensure
that
all
expenditures
33
comply
with
applicable
federal
requirements
and
shall
be
34
responsible
for
the
repayment
of
any
funds
spent
in
error
and
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any
corresponding
penalty
as
well
as
taking
corrective
action
1
to
address
the
error.
Funds
received
in
excess
of
the
amount
2
of
subsidized
wages
eligible
for
reimbursement
under
the
terms
3
of
the
federal
American
Recovery
and
Reinvestment
Act
of
2009,
4
Pub.
L.
No.
111-5
§
2101,
or
successor
legislation,
which
may
5
extend
the
availability
of
emergency
contingency
funds,
shall
6
be
returned
by
the
department
of
workforce
development
to
7
the
federal
government
following
procedures
developed
by
the
8
federal
temporary
assistance
for
needy
families
agency
for
that
9
purpose.
10
(4)
The
department
of
workforce
development
shall
provide
11
the
department
of
human
services
with
the
necessary
information
12
to
support
the
request
for
emergency
contingency
funds
and
to
13
report
the
expenditure
of
these
funds
once
received
pursuant
to
14
federal
reporting
requirements.
The
responsibilities
of
both
15
agencies
shall
be
specified
in
the
memorandum
of
agreement.
16
INTELLECTUAL
DISABILITIES
WAIVER
17
Sec.
69.
INTELLECTUAL
DISABILITIES
WAIVER
——
STATEWIDE
18
METHODOLOGY.
In
administering
the
medical
assistance
home
19
and
community-based
services
intellectual
disability
waiver,
20
the
total
number
of
openings
at
any
one
time
shall
be
limited
21
to
the
number
approved
for
the
waiver
by
the
secretary
of
the
22
United
States
department
of
health
and
human
services
and
23
available
funding.
Beginning
July
1,
2010,
the
department
24
shall
implement
a
statewide
method
of
allocating
waiver
slots
25
and
shall
design
a
methodology
for
prioritizing
the
allocation
26
of
slots,
subject
to
federal
approval.
The
department
27
shall
convene
a
workgroup
to
develop
criteria
to
prioritize
28
individuals
on
the
waiting
list,
subject
to
federal
approval.
29
Sec.
70.
EFFECTIVE
UPON
ENACTMENT
AND
APPLICABILITY.
30
1.
This
division
of
this
Act,
being
deemed
of
immediate
31
importance,
takes
effect
upon
enactment.
32
2.
The
section
of
this
division
of
this
Act
amending
section
33
135.105A
applies
to
any
fees
collected
pursuant
to
section
34
135.105A
during
or
after
the
fiscal
year
beginning
July
1,
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2009.
1
DIVISION
VIII
2
INTERSTATE
COMPACT
FOR
JUVENILES
3
Sec.
71.
Section
232.2,
subsection
29,
Code
Supplement
4
2009,
is
amended
to
read
as
follows:
5
29.
“Juvenile”
means
the
same
as
“child”
.
However,
in
6
the
interstate
compact
on
for
juveniles,
sections
232.171
and
7
232.172
section
232.173
,
“juvenile”
means
a
person
defined
as
a
8
juvenile
in
the
law
of
a
state
which
is
a
party
to
the
compact.
9
Sec.
72.
Section
232.172,
Code
2009,
is
amended
to
read
as
10
follows:
11
232.172
Confinement
of
delinquent
juvenile.
12
1.
For
a
juvenile
under
the
jurisdiction
of
this
state
13
who
is
subject
to
the
interstate
compact
for
juveniles
14
under
section
232.173,
the
confinement
of
the
juvenile
in
an
15
institution
located
within
another
compacting
state
shall
be
16
as
provided
under
the
compact.
17
2.
This
subsection
applies
to
the
confinement
of
a
18
delinquent
juvenile
under
the
jurisdiction
of
this
state
in
an
19
institution
located
within
a
noncompacting
state,
as
defined
20
in
section
232.173,
that
entered
into
the
interstate
compact
21
on
juveniles
under
section
232.171,
Code
2009.
In
addition
22
to
any
institution
in
which
the
authorities
of
this
state
may
23
otherwise
confine
or
order
the
confinement
of
a
the
delinquent
24
juvenile,
such
authorities
may,
pursuant
to
the
out-of-state
25
confinement
amendment
to
the
interstate
compact
on
juveniles
in
26
section
232.171,
Code
2009
,
confine
or
order
the
confinement
27
of
a
the
delinquent
juvenile
in
a
compact
institution
within
28
another
party
state.
29
Sec.
73.
NEW
SECTION
.
232.173
Interstate
compact
for
30
juveniles.
31
1.
Article
I
——
Purpose.
32
a.
The
compacting
states
to
this
interstate
compact
33
recognize
that
each
state
is
responsible
for
the
proper
34
supervision
or
return
of
juveniles,
delinquents,
and
status
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offenders
who
are
on
probation
or
parole
and
who
have
1
absconded,
escaped,
or
run
away
from
supervision
and
control
2
and
in
so
doing
have
endangered
their
own
safety
and
the
safety
3
of
others.
The
compacting
states
also
recognize
that
each
4
state
is
responsible
for
the
safe
return
of
juveniles
who
have
5
run
away
from
home
and
in
doing
so
have
left
their
state
of
6
residence.
The
compacting
states
also
recognize
that
Congress,
7
by
enacting
the
Crime
Control
Act,
4
U.S.C.
§
112
(1965),
has
8
authorized
and
encouraged
compacts
for
cooperative
efforts
and
9
mutual
assistance
in
the
prevention
of
crime.
10
b.
It
is
the
purpose
of
this
compact,
through
means
of
joint
11
and
cooperative
action
among
the
compacting
states
to:
12
(1)
Ensure
that
the
adjudicated
juveniles
and
status
13
offenders
subject
to
this
compact
are
provided
adequate
14
supervision
and
services
in
the
receiving
state
as
ordered
15
by
the
adjudicating
judge
or
parole
authority
in
the
sending
16
state.
17
(2)
Ensure
that
the
public
safety
interests
of
the
citizens,
18
including
the
victims
of
juvenile
offenders,
in
both
the
19
sending
and
receiving
states
are
adequately
protected.
20
(3)
Return
juveniles
who
have
run
away,
absconded,
or
21
escaped
from
supervision
or
control
or
have
been
accused
of
an
22
offense
to
the
state
requesting
their
return.
23
(4)
Make
contracts
for
the
cooperative
institutionalization
24
in
public
facilities
in
member
states
for
delinquent
youth
25
needing
special
services.
26
(5)
Provide
for
the
effective
tracking
and
supervision
of
27
juveniles.
28
(6)
Equitably
allocate
the
costs,
benefits,
and
obligations
29
of
the
compacting
states.
30
(7)
Establish
procedures
to
manage
the
movement
between
31
states
of
juvenile
offenders
released
to
the
community
under
32
the
jurisdiction
of
courts,
juvenile
departments,
or
any
other
33
criminal
or
juvenile
justice
agency
which
has
jurisdiction
over
34
juvenile
offenders.
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(8)
Insure
immediate
notice
to
jurisdictions
where
defined
1
offenders
are
authorized
to
travel
or
to
relocate
across
state
2
lines.
3
(9)
Establish
procedures
to
resolve
pending
charges
4
(detainers)
against
juvenile
offenders
prior
to
transfer
or
5
release
to
the
community
under
the
terms
of
this
compact.
6
(10)
Establish
a
system
of
uniform
data
collection
on
7
information
pertaining
to
juveniles
subject
to
this
compact
8
that
allows
access
by
authorized
juvenile
justice
and
criminal
9
justice
officials,
and
regular
reporting
of
compact
activities
10
to
heads
of
state
executive,
judicial,
and
legislative
branches
11
and
juvenile
and
criminal
justice
administrators.
12
(11)
Monitor
compliance
with
rules
governing
interstate
13
movement
of
juveniles
and
initiate
interventions
to
address
and
14
correct
noncompliance.
15
(12)
Coordinate
training
and
education
regarding
the
16
regulation
of
interstate
movement
of
juveniles
for
officials
17
involved
in
such
activity.
18
(13)
Coordinate
the
implementation
and
operation
of
19
the
compact
with
the
interstate
compact
for
the
placement
20
of
children,
the
interstate
compact
for
adult
offender
21
supervision,
and
other
compacts
affecting
juveniles
22
particularly
in
those
cases
where
concurrent
or
overlapping
23
supervision
issues
arise.
24
c.
It
is
the
policy
of
the
compacting
states
that
the
25
activities
conducted
by
the
interstate
commission
created
in
26
this
compact
are
the
formation
of
public
policies
and
therefore
27
are
public
business.
Furthermore,
the
compacting
states
shall
28
cooperate
and
observe
their
individual
and
collective
duties
29
and
responsibilities
for
the
prompt
return
and
acceptance
of
30
juveniles
subject
to
the
provisions
of
this
compact.
The
31
provisions
of
this
compact
shall
be
reasonably
and
liberally
32
construed
to
accomplish
the
purposes
and
policies
of
the
33
compact.
34
2.
Article
II
——
Definitions.
As
used
in
this
compact,
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unless
the
context
clearly
requires
a
different
construction:
1
a.
“Bylaws”
means
those
bylaws
established
by
the
interstate
2
commission
for
its
governance,
or
for
directing
or
controlling
3
its
actions
or
conduct.
4
b.
“Compact
administrator”
means
the
individual
in
each
5
compacting
state
appointed
pursuant
to
the
terms
of
this
6
compact,
responsible
for
the
administration
and
management
of
7
the
state’s
supervision
and
transfer
of
juveniles
subject
to
8
the
terms
of
this
compact,
the
rules
adopted
by
the
interstate
9
commission,
and
policies
adopted
by
the
state
council
under
10
this
compact.
11
c.
“Compacting
state”
means
any
state
which
has
enacted
the
12
enabling
legislation
for
this
compact.
13
d.
“Commissioner”
means
the
voting
representative
of
each
14
compacting
state
appointed
pursuant
to
article
III
of
this
15
compact.
16
e.
“Court”
means
any
court
having
jurisdiction
over
17
delinquent,
neglected,
or
dependent
children.
18
f.
“Deputy
compact
administrator”
means
the
individual,
19
if
any,
in
each
compacting
state
appointed
to
act
on
behalf
20
of
a
compact
administrator
pursuant
to
the
terms
of
this
21
compact
responsible
for
the
administration
and
management
of
22
the
state’s
supervision
and
transfer
of
juveniles
subject
to
23
the
terms
of
this
compact,
the
rules
adopted
by
the
interstate
24
commission,
and
policies
adopted
by
the
state
council
under
25
this
compact.
26
g.
“Interstate
commission”
means
the
interstate
commission
27
for
juveniles
created
by
article
III
of
this
compact.
28
h.
“Juvenile”
means
any
person
defined
as
a
juvenile
in
29
any
member
state
or
by
the
rules
of
the
interstate
commission,
30
including
persons
who
are
any
of
the
following:
31
(1)
An
accused
delinquent,
meaning
a
person
charged
with
32
an
offense
that,
if
committed
by
an
adult,
would
be
a
criminal
33
offense.
34
(2)
An
adjudicated
delinquent,
meaning
a
person
found
to
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have
committed
an
offense
that,
if
committed
by
an
adult,
would
1
be
a
criminal
offense.
2
(3)
An
accused
status
offender,
meaning
a
person
charged
3
with
an
offense
that
would
not
be
a
criminal
offense
if
4
committed
by
an
adult.
5
(4)
An
adjudicated
status
offender,
meaning
a
person
found
6
to
have
committed
an
offense
that
would
not
be
a
criminal
7
offense
if
committed
by
an
adult.
8
(5)
A
nonoffender,
meaning
a
person
in
need
of
supervision
9
who
has
not
been
accused
or
adjudicated
a
status
offender
or
10
delinquent.
11
i.
“Noncompacting
state”
means
any
state
which
has
not
12
enacted
the
enabling
legislation
for
this
compact.
13
j.
“Probation
or
parole”
means
any
kind
of
supervision
or
14
conditional
release
of
juveniles
authorized
under
the
laws
of
15
the
compacting
states.
16
k.
“Rule”
means
a
written
statement
by
the
interstate
17
commission
promulgated
pursuant
to
article
VI
of
this
compact
18
that
is
of
general
applicability,
implements,
interprets
19
or
prescribes
a
policy
or
provision
of
the
compact,
or
an
20
organizational,
procedural,
or
practice
requirement
of
the
21
commission,
and
has
the
force
and
effect
of
statutory
law
in
22
a
compacting
state,
and
includes
the
amendment,
repeal,
or
23
suspension
of
an
existing
rule.
24
l.
“State”
means
a
state
of
the
United
States,
the
District
25
of
Columbia
or
its
designee,
the
Commonwealth
of
Puerto
Rico,
26
the
United
States
Virgin
Islands,
Guam,
American
Samoa,
and
the
27
Northern
Marianas
Islands.
28
3.
Article
III
——
Interstate
commission
for
juveniles.
29
a.
The
compacting
states
hereby
create
the
interstate
30
commission
for
juveniles.
The
commission
shall
be
a
body
31
corporate
and
joint
agency
of
the
compacting
states.
The
32
commission
shall
have
all
the
responsibilities,
powers,
and
33
duties
set
forth
in
this
compact,
and
such
additional
powers
as
34
may
be
conferred
upon
it
by
subsequent
action
of
the
respective
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legislatures
of
the
compacting
states
in
accordance
with
the
1
terms
of
this
compact.
2
b.
The
interstate
commission
shall
consist
of
commissioners
3
appointed
by
the
appropriate
appointing
authority
in
4
each
state
pursuant
to
the
rules
and
requirements
of
each
5
compacting
state
and
in
consultation
with
the
state
council
for
6
interstate
juvenile
supervision
created
in
this
compact.
The
7
commissioner
shall
be
the
compact
administrator,
deputy
compact
8
administrator,
or
designee
from
that
state
who
shall
serve
on
9
the
interstate
commission
in
such
capacity
under
or
pursuant
to
10
the
applicable
law
of
the
compacting
state.
11
c.
In
addition
to
the
commissioners
who
are
the
voting
12
representatives
of
each
state,
the
interstate
commission
shall
13
include
individuals
who
are
not
commissioners,
but
who
are
14
members
of
interested
organizations.
Such
noncommissioner
15
members
must
include
a
member
of
the
national
organizations
16
of
governors,
legislators,
state
chief
justices,
attorneys
17
general,
interstate
compact
for
adult
offender
supervision,
18
interstate
compact
for
the
placement
of
children,
juvenile
19
justice
and
juvenile
corrections
officials,
and
crime
victims.
20
All
noncommissioner
members
of
the
interstate
commission
21
shall
be
ex
officio,
nonvoting
members.
The
interstate
22
commission
may
provide
in
its
bylaws
for
such
additional
ex
23
officio,
nonvoting
members,
including
members
of
other
national
24
organizations,
in
such
numbers
as
shall
be
determined
by
the
25
commission.
26
d.
Each
compacting
state
represented
at
any
meeting
of
27
the
commission
is
entitled
to
one
vote.
A
majority
of
the
28
compacting
states
shall
constitute
a
quorum
for
the
transaction
29
of
business,
unless
a
larger
quorum
is
required
by
the
bylaws
30
of
the
interstate
commission.
31
e.
The
commission
shall
meet
at
least
once
each
calendar
32
year.
The
chairperson
may
call
additional
meetings
and,
upon
33
the
request
of
a
simple
majority
of
the
compacting
states,
34
shall
call
additional
meetings.
Public
notice
shall
be
given
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of
all
meetings
and
meetings
shall
be
open
to
the
public.
1
f.
The
interstate
commission
shall
establish
an
executive
2
committee,
which
shall
include
commission
officers,
members,
3
and
others
as
determined
by
the
bylaws.
The
executive
4
committee
shall
have
the
power
to
act
on
behalf
of
the
5
interstate
commission
during
periods
when
the
interstate
6
commission
is
not
in
session,
with
the
exception
of
rulemaking
7
or
amendment
to
the
compact.
The
executive
committee
shall
8
oversee
the
day-to-day
activities
of
the
administration
of
9
the
compact
managed
by
an
executive
director
and
interstate
10
commission
staff;
administer
enforcement
and
compliance
11
with
the
provisions
of
the
compact,
its
bylaws,
and
rules;
12
and
perform
such
other
duties
as
directed
by
the
interstate
13
commission
or
set
forth
in
the
bylaws.
14
g.
Each
member
of
the
interstate
commission
shall
have
15
the
right
and
power
to
cast
a
vote
to
which
that
compacting
16
state
is
entitled
and
to
participate
in
the
business
and
17
affairs
of
the
interstate
commission.
A
member
shall
vote
in
18
person
and
shall
not
delegate
a
vote
to
another
compacting
19
state.
However,
a
commissioner,
in
consultation
with
the
state
20
council,
shall
appoint
another
authorized
representative,
in
21
the
absence
of
the
commissioner
from
that
state,
to
cast
a
vote
22
on
behalf
of
the
compacting
state
at
a
specified
meeting.
The
23
bylaws
may
provide
for
members’
participation
in
meetings
by
24
telephone
or
other
means
of
telecommunication
or
electronic
25
communication.
26
h.
The
interstate
commission’s
bylaws
shall
establish
27
conditions
and
procedures
under
which
the
interstate
commission
28
shall
make
its
information
and
official
records
available
29
to
the
public
for
inspection
or
copying.
The
interstate
30
commission
may
exempt
from
disclosure
any
information
or
31
official
records
to
the
extent
they
would
adversely
affect
32
personal
privacy
rights
or
proprietary
interests.
33
i.
Public
notice
shall
be
given
of
all
meetings
and
all
34
meetings
shall
be
open
to
the
public,
except
as
set
forth
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in
the
rules
or
as
otherwise
provided
in
the
compact.
The
1
interstate
commission
and
any
of
its
committees
may
close
a
2
meeting
to
the
public
where
it
determines
by
two-thirds
vote
3
that
an
open
meeting
would
be
likely
to:
4
(1)
Relate
solely
to
the
interstate
commission’s
internal
5
personnel
practices
and
procedures.
6
(2)
Disclose
matters
specifically
exempted
from
disclosure
7
by
statute.
8
(3)
Disclose
trade
secrets
or
commercial
or
financial
9
information
which
is
privileged
or
confidential.
10
(4)
Involve
accusing
any
person
of
a
crime,
or
formally
11
censuring
any
person.
12
(5)
Disclose
information
of
a
personal
nature
where
13
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
14
personal
privacy.
15
(6)
Disclose
investigative
records
compiled
for
law
16
enforcement
purposes.
17
(7)
Disclose
information
contained
in
or
related
to
an
18
examination
or
operating
or
condition
reports
prepared
by,
or
19
on
behalf
of
or
for
the
use
of,
the
interstate
commission
with
20
respect
to
a
regulated
person
or
entity
for
the
purpose
of
21
regulation
or
supervision
of
such
person
or
entity.
22
(8)
Disclose
information,
the
premature
disclosure
of
which
23
would
significantly
endanger
the
stability
of
a
regulated
24
person
or
entity.
25
(9)
Specifically
relate
to
the
interstate
commission’s
26
issuance
of
a
subpoena,
or
its
participation
in
a
civil
action
27
or
other
legal
proceeding.
28
j.
For
every
meeting
closed
pursuant
to
this
provision,
the
29
interstate
commission’s
legal
counsel
shall
publicly
certify
30
that,
in
the
legal
counsel’s
opinion,
the
meeting
may
be
closed
31
to
the
public,
and
shall
reference
each
relevant
exemptive
32
provision.
The
interstate
commission
shall
keep
minutes
33
which
shall
fully
and
clearly
describe
all
matters
discussed
34
in
any
meeting
and
shall
provide
a
full
and
accurate
summary
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of
any
actions
taken,
and
the
reasons
therefore,
including
a
1
description
of
each
of
the
views
expressed
on
any
item
and
the
2
record
of
any
roll
call
vote,
reflected
in
the
vote
of
each
3
member
on
the
question.
All
documents
considered
in
connection
4
with
any
action
shall
be
identified
in
such
minutes.
5
k.
The
interstate
commission
shall
collect
standardized
data
6
concerning
the
interstate
movement
of
juveniles
as
directed
7
through
its
rules
which
shall
specify
the
data
to
be
collected,
8
the
means
of
collection,
and
data
exchange
and
reporting
9
requirements.
Such
methods
of
data
collection,
exchange,
and
10
reporting
shall
insofar
as
is
reasonably
possible
conform
to
11
up-to-date
technology
and
coordinate
its
information
functions
12
with
the
appropriate
repository
of
records.
13
4.
Article
IV
——
Powers
and
duties
of
the
interstate
14
commission.
The
commission
shall
have
the
following
powers
and
15
duties:
16
a.
To
provide
for
dispute
resolution
among
compacting
17
states.
18
b.
To
promulgate
rules
to
effect
the
purposes
and
19
obligations
as
enumerated
in
this
compact,
which
shall
have
the
20
force
and
effect
of
statutory
law
and
shall
be
binding
in
the
21
compacting
states
to
the
extent
and
in
the
manner
provided
in
22
this
compact.
23
c.
To
oversee,
supervise,
and
coordinate
the
interstate
24
movement
of
juveniles
subject
to
the
terms
of
this
compact
and
25
any
bylaws
adopted
and
rules
promulgated
by
the
interstate
26
commission.
27
d.
To
enforce
compliance
with
the
compact
provisions,
the
28
rules
promulgated
by
the
interstate
commission,
and
the
bylaws,
29
using
all
necessary
and
proper
means,
including
but
not
limited
30
to
the
use
of
judicial
process.
31
e.
To
establish
and
maintain
offices
which
shall
be
located
32
within
one
or
more
of
the
compacting
states.
33
f.
To
purchase
and
maintain
insurance
and
bonds.
34
g.
To
borrow,
accept,
hire,
or
contract
for
services
of
35
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personnel.
1
h.
To
establish
and
appoint
committees
and
hire
staff
2
which
it
deems
necessary
for
the
carrying
out
of
its
functions
3
including
but
not
limited
to
an
executive
committee
as
required
4
by
article
III
which
shall
have
the
power
to
act
on
behalf
of
5
the
interstate
commission
in
carrying
out
its
powers
and
duties
6
hereunder.
7
i.
To
elect
or
appoint
such
officers,
attorneys,
employees,
8
agents,
or
consultants,
and
to
fix
their
compensation,
define
9
their
duties
and
determine
their
qualifications;
and
to
10
establish
the
interstate
commission’s
personnel
policies
and
11
programs
relating
to,
inter
alia,
conflicts
of
interest,
rates
12
of
compensation,
and
qualifications
of
personnel.
13
j.
To
accept
any
and
all
donations
and
grants
of
money,
14
equipment,
supplies,
materials,
and
services,
and
to
receive,
15
utilize,
and
dispose
of
it.
16
k.
To
lease,
purchase,
accept
contributions
or
donations
of,
17
or
otherwise
to
own,
hold,
improve,
or
use
any
property,
real,
18
personal,
or
mixed.
19
l.
To
sell,
convey,
mortgage,
pledge,
lease,
exchange,
20
abandon,
or
otherwise
dispose
of
any
property,
real,
personal,
21
or
mixed.
22
m.
To
establish
a
budget
and
make
expenditures
and
levy
23
dues
as
provided
in
article
VIII
of
this
compact.
24
n.
To
sue
and
be
sued.
25
o.
To
adopt
a
seal
and
bylaws
governing
the
management
and
26
operation
of
the
interstate
commission.
27
p.
To
perform
such
functions
as
may
be
necessary
or
28
appropriate
to
achieve
the
purposes
of
this
compact.
29
q.
To
report
annually
to
the
legislatures,
governors,
30
judiciary,
and
state
councils
of
the
compacting
states
31
concerning
the
activities
of
the
interstate
commission
during
32
the
preceding
year.
Such
reports
shall
also
include
any
33
recommendations
that
may
have
been
adopted
by
the
interstate
34
commission.
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r.
To
coordinate
education,
training,
and
public
awareness
1
regarding
the
interstate
movement
of
juveniles
for
officials
2
involved
in
such
activity.
3
s.
To
establish
uniform
standards
of
the
reporting,
4
collecting,
and
exchanging
of
data.
5
t.
The
interstate
commission
shall
maintain
its
corporate
6
books
and
records
in
accordance
with
the
bylaws.
7
5.
Article
V
——
Organization
and
operation
of
the
interstate
8
commission.
9
a.
Bylaws.
The
interstate
commission
shall,
by
a
majority
10
of
the
members
present
and
voting,
within
twelve
months
after
11
the
first
interstate
commission
meeting,
adopt
bylaws
to
govern
12
its
conduct
as
may
be
necessary
or
appropriate
to
carry
out
the
13
purposes
of
the
compact,
including
but
not
limited
to
all
of
14
the
following:
15
(1)
Establishing
the
fiscal
year
of
the
interstate
16
commission.
17
(2)
Establishing
an
executive
committee
and
such
other
18
committees
as
may
be
necessary.
19
(3)
Provide
for
the
establishment
of
committees
governing
20
any
general
or
specific
delegation
of
any
authority
or
function
21
of
the
interstate
commission.
22
(4)
Providing
reasonable
procedures
for
calling
and
23
conducting
meetings
of
the
interstate
commission
and
ensuring
24
reasonable
notice
of
each
such
meeting.
25
(5)
Establishing
the
titles
and
responsibilities
of
the
26
officers
of
the
interstate
commission.
27
(6)
Providing
a
mechanism
for
concluding
the
operations
of
28
the
interstate
commission
and
the
return
of
any
surplus
funds
29
that
may
exist
upon
the
termination
of
the
compact
after
the
30
payment
or
reserving
of
all
of
its
debts
and
obligations.
31
(7)
Providing
“start-up”
rules
for
initial
administration
32
of
the
compact.
33
(8)
Establishing
standards
and
procedures
for
compliance
34
and
technical
assistance
in
carrying
out
the
compact.
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b.
Officers
and
staff.
1
(1)
The
interstate
commission
shall,
by
a
majority
of
the
2
members,
elect
annually
from
among
its
members
a
chairperson
3
and
a
vice
chairperson,
each
of
whom
shall
have
such
authority
4
and
duties
as
may
be
specified
in
the
bylaws.
The
chairperson
5
or,
in
the
chairperson’s
absence
or
disability,
the
vice
6
chairperson
shall
preside
at
all
meetings
of
the
interstate
7
commission.
The
officers
so
elected
shall
serve
without
8
compensation
or
remuneration
from
the
interstate
commission;
9
provided
that,
subject
to
the
availability
of
budgeted
funds,
10
the
officers
shall
be
reimbursed
for
any
ordinary
and
necessary
11
costs
and
expenses
incurred
by
them
in
the
performance
of
their
12
duties
and
responsibilities
as
officers
of
the
interstate
13
commission.
14
(2)
The
interstate
commission
shall,
through
its
executive
15
committee,
appoint
or
retain
an
executive
director
for
16
such
period,
upon
such
terms
and
conditions
and
for
such
17
compensation
as
the
interstate
commission
may
deem
appropriate.
18
The
executive
director
shall
serve
as
secretary
to
the
19
interstate
commission,
but
shall
not
be
a
member
and
shall
hire
20
and
supervise
such
other
staff
as
may
be
authorized
by
the
21
interstate
commission.
22
c.
Immunity,
defense,
and
indemnification.
23
(1)
The
commission’s
executive
director
and
employees
shall
24
be
immune
from
suit
and
liability,
either
personally
or
in
25
their
official
capacity,
for
any
claim
for
damage
to
or
loss
26
of
property
or
personal
injury
or
other
civil
liability
caused
27
or
arising
out
of
or
relating
to
any
actual
or
alleged
act,
28
error,
or
omission
that
occurred,
or
that
such
person
had
a
29
reasonable
basis
for
believing
occurred
within
the
scope
of
30
commission
employment,
duties,
or
responsibilities;
provided,
31
that
any
such
person
shall
not
be
protected
from
suit
or
32
liability
for
any
damage,
loss,
injury,
or
liability
caused
by
33
the
intentional
or
willful
and
wanton
misconduct
of
any
such
34
person.
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(2)
The
liability
of
any
commissioner,
or
the
employee
1
or
agent
of
a
commissioner,
acting
within
the
scope
of
such
2
person’s
employment
or
duties
for
acts,
errors,
or
omissions
3
occurring
within
such
person’s
state
may
not
exceed
the
limits
4
of
liability
set
forth
under
the
constitution
and
laws
of
that
5
state
for
state
officials,
employees,
and
agents.
Nothing
6
in
this
subparagraph
shall
be
construed
to
protect
any
such
7
person
from
suit
or
liability
for
any
damage,
loss,
injury,
8
or
liability
caused
by
the
intentional
or
willful
and
wanton
9
misconduct
of
any
such
person.
10
(3)
The
interstate
commission
shall
defend
the
executive
11
director
or
the
employees
or
representatives
of
the
interstate
12
commission
and,
subject
to
the
approval
of
the
attorney
general
13
of
the
state
represented
by
any
commissioner
of
a
compacting
14
state,
shall
defend
such
commissioner
or
the
commissioner’s
15
representatives
or
employees
in
any
civil
action
seeking
to
16
impose
liability
arising
out
of
any
actual
or
alleged
act,
17
error,
or
omission
that
occurred
within
the
scope
of
interstate
18
commission
employment,
duties,
or
responsibilities,
or
that
19
the
defendant
had
a
reasonable
basis
for
believing
occurred
20
within
the
scope
of
interstate
commission
employment,
duties,
21
or
responsibilities,
provided
that
the
actual
or
alleged
act,
22
error,
or
omission
did
not
result
from
intentional
or
willful
23
and
wanton
misconduct
on
the
part
of
such
person.
24
(4)
The
interstate
commission
shall
indemnify
and
hold
25
the
commissioner
of
a
compacting
state,
or
the
commissioner’s
26
representatives
or
employees,
or
the
interstate
commission’s
27
representatives
or
employees,
harmless
in
the
amount
of
any
28
settlement
or
judgment
obtained
against
such
persons
arising
29
out
of
any
actual
or
alleged
act,
error,
or
omission
that
30
occurred
within
the
scope
of
interstate
commission
employment,
31
duties,
or
responsibilities,
or
that
such
persons
had
a
32
reasonable
basis
for
believing
occurred
within
the
scope
of
33
interstate
commission
employment,
duties,
or
responsibilities,
34
provided
that
the
actual
or
alleged
act,
error,
or
omission
did
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not
result
from
intentional
or
willful
and
wanton
misconduct
on
1
the
part
of
such
persons.
2
6.
Article
VI
——
Rulemaking
functions
of
the
interstate
3
commission.
4
a.
The
interstate
commission
shall
promulgate
and
publish
5
rules
in
order
to
effectively
and
efficiently
achieve
the
6
purposes
of
the
compact.
7
b.
Rulemaking
shall
occur
pursuant
to
the
criteria
set
8
forth
in
this
article
and
the
bylaws
and
rules
adopted
pursuant
9
thereto.
Such
rulemaking
shall
substantially
conform
to
the
10
principles
of
the
model
state
administrative
procedures
Act,
11
1981
Act,
Uniform
Laws
Annotated,
Vol.
15,
p.1
(2000),
or
12
such
other
administrative
procedures
act,
as
the
interstate
13
commission
deems
appropriate
consistent
with
due
process
14
requirements
under
the
Constitution
of
the
United
States
as
now
15
or
hereafter
interpreted
by
the
United
States
supreme
court.
16
All
rules
and
amendments
shall
become
binding
as
of
the
date
17
specified,
as
published
with
the
final
version
of
the
rule
as
18
approved
by
the
commission.
19
c.
When
promulgating
a
rule,
the
interstate
commission
20
shall,
at
a
minimum,
do
all
of
the
following:
21
(1)
Publish
the
proposed
rule’s
entire
text
stating
the
22
reasons
for
that
proposed
rule.
23
(2)
Allow
and
invite
any
and
all
persons
to
submit
written
24
data,
facts,
opinions,
and
arguments,
which
information
shall
25
be
added
to
the
record,
and
be
made
publicly
available.
26
(3)
Provide
an
opportunity
for
an
informal
hearing
if
27
petitioned
by
ten
or
more
persons.
28
(4)
Promulgate
a
final
rule
and
its
effective
date,
if
29
appropriate,
based
on
input
from
state
or
local
officials,
or
30
interested
parties.
31
d.
Allow,
not
later
than
sixty
days
after
a
rule
is
32
promulgated,
any
interested
person
to
file
a
petition
in
the
33
United
States
district
court
for
the
District
of
Columbia
or
in
34
the
federal
district
court
where
the
interstate
commission’s
35
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principal
office
is
located
for
judicial
review
of
such
rule.
1
If
the
court
finds
that
the
interstate
commission’s
action
is
2
not
supported
by
substantial
evidence
in
the
rulemaking
record,
3
the
court
shall
hold
the
rule
unlawful
and
set
it
aside.
For
4
purposes
of
this
lettered
paragraph,
evidence
is
substantial
5
if
it
would
be
considered
substantial
evidence
under
the
model
6
state
administrative
procedures
Act.
7
e.
If
a
majority
of
the
legislatures
of
the
compacting
8
states
rejects
a
rule,
those
states
may,
by
enactment
of
a
9
statute
or
resolution
in
the
same
manner
used
to
adopt
the
10
compact,
cause
that
such
rule
shall
have
no
further
force
and
11
effect
in
any
compacting
state.
12
f.
The
existing
rules
governing
the
operation
of
the
13
interstate
compact
on
juveniles
superseded
by
this
compact
14
shall
be
null
and
void
twelve
months
after
the
first
meeting
of
15
the
interstate
commission
created
hereunder.
16
g.
Upon
determination
by
the
interstate
commission
that
17
a
state
of
emergency
exists,
it
may
promulgate
an
emergency
18
rule
which
shall
become
effective
immediately
upon
adoption,
19
provided
that
the
usual
rulemaking
procedures
provided
20
hereunder
shall
be
retroactively
applied
to
said
rule
as
soon
21
as
reasonably
possible,
but
no
later
than
ninety
days
after
the
22
effective
date
of
the
emergency
rule.
23
7.
Article
VII
——
Oversight,
enforcement,
and
dispute
24
resolution
by
the
interstate
commission.
25
a.
Oversight.
26
(1)
The
interstate
commission
shall
oversee
the
27
administration
and
operations
of
the
interstate
movement
of
28
juveniles
subject
to
this
compact
in
the
compacting
states
29
and
shall
monitor
such
activities
being
administered
in
30
noncompacting
states
which
may
significantly
affect
compacting
31
states.
32
(2)
The
courts
and
executive
agencies
in
each
compacting
33
state
shall
enforce
this
compact
and
shall
take
all
actions
34
necessary
and
appropriate
to
effectuate
the
compact’s
35
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purposes
and
intent.
The
provisions
of
this
compact
and
the
1
rules
promulgated
hereunder
shall
be
received
by
all
the
2
judges,
public
officers,
commissions,
and
departments
of
3
the
state
government
as
evidence
of
the
authorized
statute
4
and
administrative
rules.
All
courts
shall
take
judicial
5
notice
of
the
compact
and
the
rules.
In
any
judicial
or
6
administrative
proceeding
in
a
compacting
state
pertaining
to
7
the
subject
matter
of
this
compact
which
may
affect
the
powers,
8
responsibilities,
or
actions
of
the
interstate
commission,
it
9
shall
be
entitled
to
receive
all
service
of
process
in
any
10
such
proceeding,
and
shall
have
standing
to
intervene
in
the
11
proceeding
for
all
purposes.
12
b.
Dispute
resolution.
13
(1)
The
compacting
states
shall
report
to
the
interstate
14
commission
on
all
issues
and
activities
necessary
for
the
15
administration
of
the
compact
as
well
as
issues
and
activities
16
pertaining
to
compliance
with
the
provisions
of
the
compact
and
17
its
bylaws
and
rules.
18
(2)
The
interstate
commission
shall
attempt,
upon
the
19
request
of
a
compacting
state,
to
resolve
any
disputes
or
20
other
issues
which
are
subject
to
the
compact
and
which
may
21
arise
among
compacting
states
and
between
compacting
and
22
noncompacting
states.
The
commission
shall
promulgate
a
rule
23
providing
for
both
mediation
and
binding
dispute
resolution
for
24
disputes
among
the
compacting
states.
25
(3)
The
interstate
commission,
in
the
reasonable
exercise
26
of
its
discretion,
shall
enforce
the
provisions
and
rules
of
27
this
compact
using
any
or
all
means
set
forth
in
article
XI
of
28
this
compact.
29
8.
Article
VIII
——
Finance.
30
a.
The
interstate
commission
shall
pay
or
provide
for
31
the
payment
of
the
reasonable
expenses
of
its
establishment,
32
organization,
and
ongoing
activities.
33
b.
The
interstate
commission
shall
levy
on
and
collect
an
34
annual
assessment
from
each
compacting
state
to
cover
the
cost
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of
the
internal
operations
and
activities
of
the
interstate
1
commission
and
its
staff
which
must
be
in
a
total
amount
2
sufficient
to
cover
the
interstate
commission’s
annual
budget
3
as
approved
each
year.
The
aggregate
annual
assessment
amount
4
shall
be
allocated
based
upon
a
formula
to
be
determined
by
the
5
interstate
commission,
taking
into
consideration
the
population
6
of
each
compacting
state
and
the
volume
of
interstate
movement
7
of
juveniles
in
each
compacting
state
and
shall
promulgate
a
8
rule
binding
upon
all
compacting
states
which
governs
said
9
assessment.
10
c.
The
interstate
commission
shall
not
incur
any
obligations
11
of
any
kind
prior
to
securing
the
funds
adequate
to
meet
the
12
same;
nor
shall
the
interstate
commission
pledge
the
credit
of
13
any
of
the
compacting
states,
except
by
and
with
the
authority
14
of
the
compacting
state.
15
d.
The
interstate
commission
shall
keep
accurate
accounts
of
16
all
receipts
and
disbursements.
The
receipts
and
disbursements
17
of
the
interstate
commission
shall
be
subject
to
the
audit
18
and
accounting
procedures
established
under
its
bylaws.
19
However,
all
receipts
and
disbursements
of
funds
handled
by
the
20
interstate
commission
shall
be
audited
yearly
by
a
certified
or
21
licensed
public
accountant
and
the
report
of
the
audit
shall
22
be
included
in
and
become
part
of
the
annual
report
of
the
23
interstate
commission.
24
9.
Article
IX
——
The
state
council.
Each
member
state
shall
25
create
a
state
council
for
interstate
juvenile
supervision.
26
While
each
state
may
determine
the
membership
of
its
own
27
state
council,
its
membership
must
include
at
least
one
28
representative
from
the
legislative,
judicial,
and
executive
29
branches
of
government,
victims
groups,
and
the
compact
30
administrator,
deputy
compact
administrator,
or
designee.
31
Each
compacting
state
retains
the
right
to
determine
the
32
qualifications
of
the
compact
administrator
or
deputy
compact
33
administrator.
Each
state
council
will
advise
and
may
exercise
34
oversight
and
advocacy
concerning
that
state’s
participation
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in
interstate
commission
activities
and
other
duties
as
may
1
be
determined
by
that
state,
including
but
not
limited
to
2
development
of
policy
concerning
operations
and
procedures
of
3
the
compact
within
that
state.
4
10.
Article
X
——
Compacting
states,
effective
date,
and
5
amendment.
6
a.
Any
state,
the
District
of
Columbia,
or
its
designee,
the
7
Commonwealth
of
Puerto
Rico,
the
United
States
Virgin
Islands,
8
Guam,
American
Samoa,
and
the
Northern
Marianas
Islands
as
9
defined
in
article
II
of
this
compact
is
eligible
to
become
a
10
compacting
state.
11
b.
The
compact
shall
become
effective
and
binding
upon
12
legislative
enactment
of
the
compact
into
law
by
no
less
than
13
thirty-five
of
the
states.
The
initial
effective
date
shall
14
be
the
later
of
July
1,
2004,
or
upon
enactment
into
law
by
15
the
thirty-fifth
jurisdiction.
Thereafter
it
shall
become
16
effective
and
binding
as
to
any
other
compacting
state
upon
17
enactment
of
the
compact
into
law
by
that
state.
The
governors
18
of
nonmember
states
or
their
designees
shall
be
invited
to
19
participate
in
the
activities
of
the
interstate
commission
on
a
20
nonvoting
basis
prior
to
adoption
of
the
compact
by
all
states
21
and
territories
of
the
United
States.
22
c.
The
interstate
commission
may
propose
amendments
to
the
23
compact
for
enactment
by
the
compacting
states.
No
amendment
24
shall
become
effective
and
binding
upon
the
interstate
25
commission
and
the
compacting
states
unless
and
until
it
is
26
enacted
into
law
by
unanimous
consent
of
the
compacting
states.
27
11.
Article
XI
——
Withdrawal,
default,
termination,
and
28
judicial
enforcement.
29
a.
Withdrawal.
30
(1)
Once
effective,
the
compact
shall
continue
in
force
and
31
remain
binding
upon
each
and
every
compacting
state;
provided
32
that
a
compacting
state
may
withdraw
from
the
compact
by
33
specifically
repealing
the
statute
which
enacted
the
compact
34
into
law.
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(2)
The
effective
date
of
withdrawal
is
the
effective
date
1
of
the
repeal.
2
(3)
The
withdrawing
state
shall
immediately
notify
the
3
chairperson
of
the
interstate
commission
in
writing
upon
the
4
introduction
of
legislation
repealing
this
compact
in
the
5
withdrawing
state.
The
interstate
commission
shall
notify
the
6
other
compacting
states
of
the
withdrawing
state’s
intent
to
7
withdraw
within
sixty
days
of
its
receipt
thereof.
8
(4)
The
withdrawing
state
is
responsible
for
all
9
assessments,
obligations,
and
liabilities
incurred
through
10
the
effective
date
of
withdrawal,
including
any
obligations,
11
the
performance
of
which
extend
beyond
the
effective
date
of
12
withdrawal.
13
(5)
Reinstatement
following
withdrawal
of
any
compacting
14
state
shall
occur
upon
the
withdrawing
state
reenacting
the
15
compact
or
upon
such
later
date
as
determined
by
the
interstate
16
commission.
17
b.
Technical
assistance,
fines,
suspension,
termination,
and
18
default.
19
(1)
If
the
interstate
commission
determines
that
any
20
compacting
state
has
at
any
time
defaulted
in
the
performance
21
of
any
of
its
obligations
or
responsibilities
under
this
22
compact,
or
the
bylaws
or
duly
promulgated
rules,
the
23
interstate
commission
may
impose
any
or
all
of
the
following
24
penalties:
25
(a)
Remedial
training
and
technical
assistance
as
directed
26
by
the
interstate
commission.
27
(b)
Alternative
dispute
resolution.
28
(c)
Fines,
fees,
and
costs
in
such
amounts
as
are
deemed
to
29
be
reasonable
as
fixed
by
the
interstate
commission.
30
(d)
Suspension
or
termination
of
membership
in
the
compact,
31
which
shall
be
imposed
only
after
all
other
reasonable
32
means
of
securing
compliance
under
the
bylaws
and
rules
have
33
been
exhausted
and
the
interstate
commission
has
therefore
34
determined
that
the
offending
state
is
in
default.
Immediate
35
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notice
of
suspension
shall
be
given
by
the
interstate
1
commission
to
the
governor,
the
chief
justice
or
the
chief
2
judicial
officer
of
the
state,
the
majority
and
minority
3
leaders
of
the
defaulting
state’s
legislature,
and
the
state
4
council.
5
(2)
The
grounds
for
default
include,
but
are
not
limited
to,
6
failure
of
a
compacting
state
to
perform
such
obligations
or
7
responsibilities
imposed
upon
it
by
this
compact,
the
bylaws
8
or
duly
promulgated
rules,
and
any
other
grounds
designated
in
9
commission
bylaws
and
rules.
10
(3)
The
interstate
commission
shall
immediately
notify
11
the
defaulting
state
in
writing
of
the
penalty
imposed
by
the
12
interstate
commission
and
of
the
default
pending
a
cure
of
13
the
default.
The
commission
shall
stipulate
the
conditions
14
and
the
time
period
within
which
the
defaulting
state
must
15
cure
its
default.
If
the
defaulting
state
fails
to
cure
the
16
default
within
the
time
period
specified
by
the
commission,
17
the
defaulting
state
shall
be
terminated
from
the
compact
upon
18
an
affirmative
vote
of
a
majority
of
the
compacting
states
and
19
all
rights,
privileges,
and
benefits
conferred
by
this
compact
20
shall
be
terminated
from
the
effective
date
of
termination.
21
(4)
Within
sixty
days
of
the
effective
date
of
termination
22
of
a
defaulting
state,
the
commission
shall
notify
the
23
governor,
the
chief
justice
or
chief
judicial
officer,
the
24
majority
and
minority
leaders
of
the
defaulting
state’s
25
legislature,
and
the
state
council
of
such
termination.
26
(5)
The
defaulting
state
is
responsible
for
all
27
assessments,
obligations,
and
liabilities
incurred
through
28
the
effective
date
of
termination
including
any
obligations,
29
the
performance
of
which
extends
beyond
the
effective
date
of
30
termination.
31
(6)
The
interstate
commission
shall
not
bear
any
costs
32
relating
to
the
defaulting
state
unless
otherwise
mutually
33
agreed
upon
in
writing
between
the
interstate
commission
and
34
the
defaulting
state.
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(7)
Reinstatement
following
termination
of
any
compacting
1
state
requires
both
a
reenactment
of
the
compact
by
the
2
defaulting
state
and
the
approval
of
the
interstate
commission
3
pursuant
to
the
rules.
4
c.
Judicial
enforcement.
The
interstate
commission
may,
5
by
majority
vote
of
the
members,
initiate
legal
action
in
the
6
United
States
district
court
for
the
District
of
Columbia
or,
7
at
the
discretion
of
the
interstate
commission,
in
the
federal
8
district
where
the
interstate
commission
has
its
offices,
to
9
enforce
compliance
with
the
provisions
of
the
compact,
its
duly
10
promulgated
rules
and
bylaws,
against
any
compacting
state
in
11
default.
In
the
event
judicial
enforcement
is
necessary
the
12
prevailing
party
shall
be
awarded
all
costs
of
such
litigation
13
including
reasonable
attorney
fees.
14
d.
Dissolution
of
compact.
15
(1)
The
compact
dissolves
effective
upon
the
date
of
the
16
withdrawal
or
default
of
the
compacting
state,
which
reduces
17
membership
in
the
compact
to
one
compacting
state.
18
(2)
Upon
the
dissolution
of
this
compact,
the
compact
19
becomes
null
and
void
and
shall
be
of
no
further
force
20
or
effect,
and
the
business
and
affairs
of
the
interstate
21
commission
shall
be
concluded
and
any
surplus
funds
shall
be
22
distributed
in
accordance
with
the
bylaws.
23
12.
Article
XII
——
Severability
and
construction.
24
a.
The
provisions
of
this
compact
shall
be
severable,
25
and
if
any
phrase,
clause,
sentence,
or
provision
is
deemed
26
unenforceable,
the
remaining
provisions
of
the
compact
shall
27
be
enforceable.
28
b.
The
provisions
of
this
compact
shall
be
liberally
29
construed
to
effectuate
its
purposes.
30
13.
Article
XIII
——
Binding
effect
of
compact
and
other
laws.
31
a.
Other
laws.
32
(1)
Nothing
in
this
compact
prevents
the
enforcement
of
any
33
other
law
of
a
compacting
state
that
is
not
inconsistent
with
34
this
compact.
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(2)
All
compacting
states’
laws
other
than
state
1
constitutions
and
other
interstate
compacts
conflicting
with
2
this
compact
are
superseded
to
the
extent
of
the
conflict.
3
b.
Binding
effect
of
the
compact.
4
(1)
All
lawful
actions
of
the
interstate
commission,
5
including
all
rules
and
bylaws
promulgated
by
the
interstate
6
commission,
are
binding
upon
the
compacting
states.
7
(2)
All
agreements
between
the
interstate
commission
and
8
the
compacting
states
are
binding
in
accordance
with
their
9
terms.
10
(3)
Upon
the
request
of
a
party
to
a
conflict
over
meaning
11
or
interpretation
of
interstate
commission
actions,
and
upon
12
a
majority
vote
of
the
compacting
states,
the
interstate
13
commission
may
issue
advisory
opinions
regarding
such
meaning
14
or
interpretation.
15
(4)
In
the
event
any
provision
of
this
compact
exceeds
16
the
constitutional
limits
imposed
on
the
legislature
of
17
any
compacting
state,
the
obligations,
duties,
powers,
or
18
jurisdiction
sought
to
be
conferred
by
such
provision
upon
19
the
interstate
commission
shall
be
ineffective
and
such
20
obligations,
duties,
powers,
or
jurisdiction
shall
remain
in
21
the
compacting
state
and
shall
be
exercised
by
the
agency
22
thereof
to
which
such
obligations,
duties,
powers,
or
23
jurisdiction
are
delegated
by
law
in
effect
at
the
time
this
24
compact
becomes
effective.
25
DIVISION
IX
26
MISCELLANEOUS
27
Sec.
74.
Section
135.12,
Code
2009,
is
amended
by
striking
28
the
section
and
inserting
in
lieu
thereof
the
following:
29
135.12
Office
of
minority
and
multicultural
health
——
30
established
——
duties.
31
1.
The
office
of
minority
and
multicultural
health
is
32
established
in
the
department.
The
purpose
of
the
office
33
is
to
improve
the
health
of
racial
and
ethnic
minorities
by
34
bridging
communication,
delivery,
and
service
requirements,
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and
by
providing
customized
services
and
practical
approaches
1
to
problems
and
issues
encountered
by
organizations
and
2
communities
working
to
address
the
needs
of
these
populations.
3
2.
The
office
of
minority
and
multicultural
health
shall
be
4
responsible
for
all
of
the
following:
5
a.
Serving
as
the
liaison
and
advocate
for
the
department
on
6
minority
and
multicultural
health
matters.
7
b.
Assisting
academic
institutions,
state
agencies,
8
community
groups,
and
other
entities
in
institutionalizing
9
cultural
competency
within
the
health
care
workforce
and
10
delivery
system
through
education,
training,
and
practice
to
11
effectively
address
cross-cultural
disparity
and
achieve
health
12
equity.
13
c.
Promoting
community
strategic
planning.
14
d.
Reviewing
the
impact
of
programs,
regulations,
and
15
health
care
resource
policies
on
the
delivery
of
and
access
to
16
minority
and
multicultural
health
services.
17
Sec.
75.
Section
237A.3A,
subsection
3,
Code
Supplement
18
2009,
is
amended
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
e.
If
the
department
adopts
rules
20
establishing
a
limitation
on
the
number
of
hours
for
which
21
substitute
care
may
be
utilized
by
the
provider,
such
a
22
limitation
shall
not
apply
to
or
incorporate
substitute
care
23
utilized
when
the
provider
is
engaged
in
jury
duty
or
in
24
official
duties
connected
with
the
provider’s
membership
on
a
25
state
board,
committee,
or
other
policy-related
body.
26
Sec.
76.
Section
453A.35,
subsection
1,
Code
Supplement
27
2009,
is
amended
to
read
as
follows:
28
1.
The
proceeds
derived
from
the
sale
of
stamps
and
the
29
payment
of
taxes,
fees,
and
penalties
provided
for
under
this
30
chapter,
and
the
permit
fees
received
from
all
permits
issued
31
by
the
department,
shall
be
credited
to
the
general
fund
of
32
the
state.
However,
of
the
revenues
generated
from
the
tax
on
33
cigarettes
pursuant
to
section
453A.6,
subsection
1,
and
from
34
the
tax
on
tobacco
products
as
specified
in
section
453A.43,
35
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H.F.
2526
subsections
1,
2,
3,
and
4,
and
credited
to
the
general
fund
1
of
the
state
under
this
subsection,
there
is
appropriated,
2
annually,
to
the
health
care
trust
fund
created
in
section
3
453A.35A,
the
first
one
hundred
seventeen
six
million
seven
4
hundred
ninety-six
sixteen
thousand
four
hundred
dollars.
5
Sec.
77.
Section
692A.115,
Code
Supplement
2009,
is
amended
6
to
read
as
follows:
7
692A.115
Employment
where
dependent
adults
reside.
8
1.
A
Unless
authorized
as
provided
in
subsection
2,
a
sex
9
offender
shall
not
be
an
employee
of
a
facility
providing
10
services
for
dependent
adults
or
at
events
where
dependent
11
adults
participate
in
programming
and
shall
not
loiter
on
the
12
premises
or
grounds
of
a
facility
or
at
an
event
providing
such
13
services
or
programming.
14
2.
An
adult
sex
offender
who
is
a
patient
or
resident
15
of
a
health
care
facility
as
defined
in
section
135C.1,
16
a
participant
in
a
medical
assistance
program
home
and
17
community-based
services
waiver
program,
or
a
participant
in
a
18
medical
assistance
state
plan
employment
services
as
part
of
19
the
participant’s
habilitation
plan
shall
not
be
considered
to
20
be
in
violation
of
subsection
1.
21
Sec.
78.
2010
Iowa
Acts,
Senate
File
2088,
section
361,
22
subsection
2,
if
enacted,
is
amended
to
read
as
follows:
23
2.
If
a
provision
of
this
Act
or
another
enactment
of
24
the
Eighty-third
General
Assembly
repeals
section
135.173
25
and
creates
the
early
childhood
Iowa
state
board
in
new
26
Code
chapter
256I,
the
early
childhood
Iowa
state
board
27
shall
fulfill
the
responsibilities
assigned
to
the
early
28
childhood
Iowa
council
in
subsection
1
and
the
department
of
29
education
management
shall
propose
corrective
legislation
for
30
the
provisions
of
this
division
of
this
Act
in
accordance
with
31
section
2.16
for
consideration
by
the
Eighty-fourth
General
32
Assembly,
2011
Regular
Session.
33
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