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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,662,988 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 35 -1- HF 2526 (9) 83 pf/jp/mb 1/ 114
H.F. 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. 35 -2- HF 2526 (9) 83 pf/jp/mb 2/ 114
H.F. 2526 (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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,974,840 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 35 -3- HF 2526 (9) 83 pf/jp/mb 3/ 114
H.F. 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. 35 -4- HF 2526 (9) 83 pf/jp/mb 4/ 114
H.F. 2526 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 35 -5- HF 2526 (9) 83 pf/jp/mb 5/ 114
H.F. 2526 positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,710,062 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 35 -6- HF 2526 (9) 83 pf/jp/mb 6/ 114
H.F. 2526 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 -24- HF 2526 (9) 83 pf/jp/mb 24/ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 -26- HF 2526 (9) 83 pf/jp/mb 26/ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $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 -27- HF 2526 (9) 83 pf/jp/mb 27/ 114
H.F. 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 2526 (9) 83 pf/jp/mb 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 -54- HF 2526 (9) 83 pf/jp/mb 54/ 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 -55- HF 2526 (9) 83 pf/jp/mb 55/ 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 (9) 83 pf/jp/mb 56/ 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 -57- HF 2526 (9) 83 pf/jp/mb 57/ 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 -58- HF 2526 (9) 83 pf/jp/mb 58/ 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 (9) 83 pf/jp/mb 59/ 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 -84- HF 2526 (9) 83 pf/jp/mb 84/ 114
H.F. 2526 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 -85- HF 2526 (9) 83 pf/jp/mb 85/ 114
H.F. 2526 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 -86- HF 2526 (9) 83 pf/jp/mb 86/ 114
H.F. 2526 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 35 -87- HF 2526 (9) 83 pf/jp/mb 87/ 114
H.F. 2526 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 35 -88- HF 2526 (9) 83 pf/jp/mb 88/ 114
H.F. 2526 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 35 -89- HF 2526 (9) 83 pf/jp/mb 89/ 114
H.F. 2526 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, 35 -90- HF 2526 (9) 83 pf/jp/mb 90/ 114
H.F. 2526 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 35 -91- HF 2526 (9) 83 pf/jp/mb 91/ 114
H.F. 2526 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. 35 -92- HF 2526 (9) 83 pf/jp/mb 92/ 114
H.F. 2526 (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, 35 -93- HF 2526 (9) 83 pf/jp/mb 93/ 114
H.F. 2526 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 35 -94- HF 2526 (9) 83 pf/jp/mb 94/ 114
H.F. 2526 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 35 -95- HF 2526 (9) 83 pf/jp/mb 95/ 114
H.F. 2526 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 35 -96- HF 2526 (9) 83 pf/jp/mb 96/ 114
H.F. 2526 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 35 -97- HF 2526 (9) 83 pf/jp/mb 97/ 114
H.F. 2526 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 35 -98- HF 2526 (9) 83 pf/jp/mb 98/ 114
H.F. 2526 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 -99- HF 2526 (9) 83 pf/jp/mb 99/ 114
H.F. 2526 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. 35 -100- HF 2526 (9) 83 pf/jp/mb 100/ 114
H.F. 2526 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. 35 -101- HF 2526 (9) 83 pf/jp/mb 101/ 114
H.F. 2526 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. 35 -102- HF 2526 (9) 83 pf/jp/mb 102/ 114
H.F. 2526 (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 35 -103- HF 2526 (9) 83 pf/jp/mb 103/ 114
H.F. 2526 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 -104- HF 2526 (9) 83 pf/jp/mb 104/ 114
H.F. 2526 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 -105- HF 2526 (9) 83 pf/jp/mb 105/ 114
H.F. 2526 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 35 -106- HF 2526 (9) 83 pf/jp/mb 106/ 114
H.F. 2526 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 35 -107- HF 2526 (9) 83 pf/jp/mb 107/ 114
H.F. 2526 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. 35 -108- HF 2526 (9) 83 pf/jp/mb 108/ 114
H.F. 2526 (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 -109- HF 2526 (9) 83 pf/jp/mb 109/ 114
H.F. 2526 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. 35 -110- HF 2526 (9) 83 pf/jp/mb 110/ 114
H.F. 2526 (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. 35 -111- HF 2526 (9) 83 pf/jp/mb 111/ 114
H.F. 2526 (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, 35 -112- HF 2526 (9) 83 pf/jp/mb 112/ 114
H.F. 2526 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 -113- HF 2526 (9) 83 pf/jp/mb 113/ 114
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 -114- HF 2526 (9) 83 pf/jp/mb 114/ 114