House File 811 - Reprinted
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HSB 287)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations for health and human
2 services and including other related provisions and
3 appropriations, providing penalties, making penalties
4 applicable and providing effective, retroactive, and
5 applicability date provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 1004HV 83
8 pf/jp/14
PAG LIN
1 1 DIVISION I
1 2 GENERAL FUND AND BLOCK GRANT APPROPRIATIONS
1 3 ELDER AFFAIRS
1 4 Section 1. DEPARTMENT OF ELDER AFFAIRS. There is
1 5 appropriated from the general fund of the state to the
1 6 department of elder affairs for the fiscal year beginning July
1 7 1, 2009, and ending June 30, 2010, the following amount, or so
1 8 much thereof as is necessary, to be used for the purposes
1 9 designated:
1 10 For aging programs for the department of elder affairs and
1 11 area agencies on aging to provide citizens of Iowa who are 60
1 12 years of age and older with case management for the frail
1 13 elderly only if the monthly cost per client for case
1 14 management for the frail elderly services provided does not
1 15 exceed the amount specified in this section, resident advocate
1 16 committee coordination, employment, and other services which
1 17 may include but are not limited to adult day services, respite
1 18 care, chore services, telephone reassurance, information and
1 19 assistance, and home repair services, and for the construction
1 20 of entrance ramps which make residences accessible to the
1 21 physically handicapped, and for salaries, support,
1 22 administration, maintenance, and miscellaneous purposes, and
1 23 for not more than the following full=time equivalent
1 24 positions:
1 25 .................................................. $ 4,958,230
1 26 ............................................... FTEs 37.50
1 27 1. Funds appropriated in this section may be used to
1 28 supplement federal funds under federal regulations. To
1 29 receive funds appropriated in this section, a local area
1 30 agency on aging shall match the funds with moneys from other
1 31 sources according to rules adopted by the department. Funds
1 32 appropriated in this section may be used for elderly services
1 33 not specifically enumerated in this section only if approved
1 34 by an area agency on aging for provision of the service within
1 35 the area.
2 1 2. a. Of the funds appropriated in this section,
2 2 $1,385,015 shall be transferred to the department of human
2 3 services in equal amounts on a quarterly basis for
2 4 reimbursement of case management services provided under the
2 5 medical assistance elderly waiver. The department of human
2 6 services shall adopt rules for case management services
2 7 provided under the medical assistance elderly waiver in
2 8 consultation with the department of elder affairs.
2 9 b. The monthly cost per client for case management for the
2 10 frail elderly services provided shall not exceed an average of
2 11 $70. However, if the department of human services adopts
2 12 administrative rules revising the reimbursement methodology to
2 13 include 15 minute units, 24=hour on=call, and other
2 14 requirements consistent with federal regulations, the $70
2 15 monthly cap shall be eliminated and replaced with a quarterly
2 16 projection of expenditures and reimbursement revisions
2 17 necessary to maintain expenditures within the amounts budgeted
2 18 under the appropriations made for the fiscal year for the
2 19 medical assistance program.
2 20 c. The department of human services shall review
2 21 projections for state funding expenditures for reimbursement
2 22 of case management services under the medical assistance
2 23 elderly waiver on a quarterly basis and shall determine if an
2 24 adjustment to the medical assistance reimbursement rates are
2 25 necessary to provide reimbursement within the state funding
2 26 amounts budgeted under the appropriations made for the fiscal
2 27 year for the medical assistance program. Any temporary
2 28 enhanced federal financial participation that may become
2 29 available for the medical assistance program during the fiscal
2 30 year shall not be used in projecting the medical assistance
2 31 elderly waiver case management budget. The department of
2 32 human services shall revise such reimbursement rates as
2 33 necessary to maintain expenditures for medical assistance
2 34 elderly waiver case management services within the state
2 35 funding amounts budgeted under the appropriations made for the
3 1 fiscal year for the medical assistance program.
3 2 3. Of the funds appropriated in this section, $179,961
3 3 shall be transferred to the department of economic development
3 4 for the Iowa commission on volunteer services to be used for
3 5 the retired and senior volunteer program.
3 6 4. The department shall continue the elder abuse
3 7 initiative program established pursuant to section 231.56A.
3 8 5. In addition to any other funds appropriated in this
3 9 section for these purposes, $220,000 shall be used to provide
3 10 for elder unmet home and community=based services needs as
3 11 identified in reports submitted by the area agencies on aging.
3 12 6. During the fiscal year beginning July 1, 2009,
3 13 notwithstanding section 231.33, subsection 19, relating to
3 14 departmental training of area agency on aging boards of
3 15 directors and section 231.63 relating to the development of
3 16 end=of=life care information, the department is not required
3 17 to comply with these requirements if funding is not available.
3 18 HEALTH
3 19 Sec. 2. DEPARTMENT OF PUBLIC HEALTH. The allocations made
3 20 in this section may include amounts carried forward from
3 21 appropriations and allocations made for the same purposes in
3 22 the previous fiscal year. There is appropriated from the
3 23 general fund of the state to the department of public health
3 24 for the fiscal year beginning July 1, 2009, and ending June
3 25 30, 2010, the following amounts, or so much thereof as is
3 26 necessary, to be used for the purposes designated:
3 27 1. ADDICTIVE DISORDERS
3 28 For reducing the prevalence of use of tobacco, alcohol, and
3 29 other drugs, and treating individuals affected by addictive
3 30 behaviors, including gambling, and for not more than the
3 31 following full=time equivalent positions:
3 32 .................................................. $ 28,652,500
3 33 ............................................... FTEs 18.00
3 34 a. Of the funds appropriated in this subsection,
3 35 $8,028,214 shall be used for the tobacco use prevention and
4 1 control initiative, including efforts at the state and local
4 2 levels, as provided in chapter 142A.
4 3 (1) The director of public health shall dedicate
4 4 sufficient resources to promote and ensure retailer compliance
4 5 with tobacco laws and ordinances relating to persons under 18
4 6 years of age, and shall prioritize the state's compliance in
4 7 the allocation of available funds to comply with 42 U.S.C. }
4 8 300x=26 and section 453A.2.
4 9 (2) Of the full=time equivalent positions authorized in
4 10 this subsection, 2.00 full=time equivalent positions shall be
4 11 utilized to provide for enforcement of tobacco laws,
4 12 regulations, and ordinances under a chapter 28D agreement
4 13 entered into between the Iowa department of public health and
4 14 the alcoholic beverages division of the department of
4 15 commerce.
4 16 b. Of the funds appropriated in this subsection,
4 17 $17,546,252 shall be used for substance abuse treatment and
4 18 prevention.
4 19 (1) Of the funds allocated in this lettered paragraph,
4 20 $993,487 shall be used for the public purpose of a grant
4 21 program to provide substance abuse prevention programming for
4 22 children.
4 23 (a) Of the funds allocated in this subparagraph, $473,100
4 24 shall be utilized for the public purpose of providing grant
4 25 funding for organizations that provide programming for
4 26 children by utilizing mentors. Programs approved for such
4 27 grants shall be certified or will be certified within six
4 28 months of receiving the grant award by the Iowa commission on
4 29 volunteer services as utilizing the standards for effective
4 30 practice for mentoring programs.
4 31 (b) Of the funds allocated in this subparagraph, $473,100
4 32 shall be utilized for the public purpose of providing grant
4 33 funding for organizations that provide programming that
4 34 includes youth development and leadership. The programs shall
4 35 also be recognized as being programs that are scientifically
5 1 based with evidence of their effectiveness in reducing
5 2 substance abuse in children.
5 3 (c) The Iowa department of public health shall utilize a
5 4 request for proposals process to implement the grant program.
5 5 (d) All grant recipients shall participate in a program
5 6 evaluation as a requirement for receiving grant funds.
5 7 (e) Of the funds allocated for the grant program, $47,287
5 8 shall be used to administer substance abuse prevention grants
5 9 and for program evaluations.
5 10 (2) It is the intent of the general assembly that from the
5 11 moneys allocated in this lettered paragraph persons with a
5 12 dual diagnosis of substance abuse and gambling addictions
5 13 shall be given priority in treatment services.
5 14 c. (1) Of the funds appropriated in this subsection,
5 15 $4,078,035 shall be used for funding of gambling treatment,
5 16 including administrative costs and to provide programs which
5 17 may include but are not limited to outpatient and follow=up
5 18 treatment for persons affected by problem gambling,
5 19 rehabilitation and residential treatment programs, information
5 20 and referral services, education and preventive services, and
5 21 financial management services. Of the amount allocated in
5 22 this lettered paragraph, up to $100,000 may be used for the
5 23 licensing of gambling treatment programs as provided in
5 24 section 135.150.
5 25 (2) (a) Notwithstanding any provision to the contrary, to
5 26 standardize the availability, delivery, cost of delivery, and
5 27 accountability of gambling and substance abuse treatment
5 28 services statewide, the department shall continue
5 29 implementation of a process to create a system for delivery of
5 30 the treatment services in accordance with the requirements
5 31 specified in 2008 Iowa Acts, chapter 1187, section 3,
5 32 subsection 4. To ensure the system provides a continuum of
5 33 treatment services that best meets the needs of Iowans, the
5 34 gambling and substance abuse treatment services in an area may
5 35 be provided either by a single agency or by separate agencies
6 1 submitting a joint proposal. The process shall be completed
6 2 by July 1, 2010.
6 3 (b) From the amounts designated for gambling and substance
6 4 abuse treatment, the department may use up to $100,000 for
6 5 administrative costs to continue developing and implementing
6 6 the process in accordance with subparagraph division (a).
6 7 (3) The requirement of section 123.53, subsection 3, is
6 8 met by the appropriations and allocations made in this Act for
6 9 purposes of substance abuse treatment and addictive disorders
6 10 for the fiscal year beginning July 1, 2009.
6 11 d. The bureau of substance abuse prevention and treatment,
6 12 the division of tobacco use prevention and control, and the
6 13 office of gambling treatment and prevention shall develop a
6 14 strategy to coordinate prevention activities across the
6 15 spectrum of addictive disorders in order to maximize
6 16 efficiencies and reduce expenditures while meeting the needs
6 17 of Iowans. The strategy shall be presented to the individuals
6 18 specified in this Act for submission of reports by December
6 19 15, 2009.
6 20 2. HEALTHY CHILDREN AND FAMILIES
6 21 For promoting the optimum health status for children,
6 22 adolescents from birth through 21 years of age, and families,
6 23 and for not more than the following full=time equivalent
6 24 positions:
6 25 .................................................. $ 2,249,167
6 26 ............................................... FTEs 14.00
6 27 a. Of the funds appropriated in this subsection, not more
6 28 than $570,226 shall be used for the healthy opportunities to
6 29 experience success (HOPES)=healthy families Iowa (HFI) program
6 30 established pursuant to section 135.106. The department shall
6 31 transfer the funding allocated for the HOPES=HFI program to
6 32 the Iowa empowerment board for distribution and shall assist
6 33 the board in managing the contracting for the funding. The
6 34 funding shall be distributed to renew the grants that were
6 35 provided to the grantees that operated the program during the
7 1 fiscal year ending June 30, 2009.
7 2 b. Of the funds appropriated in this subsection, $292,791
7 3 shall be used to continue to address the healthy mental
7 4 development of children from birth through five years of age
7 5 through local evidence=based strategies that engage both the
7 6 public and private sectors in promoting healthy development,
7 7 prevention, and treatment for children.
7 8 c. Of the funds appropriated in this subsection, $35,108
7 9 shall be distributed to a statewide dental carrier to provide
7 10 funds to continue the donated dental services program
7 11 patterned after the projects developed by the national
7 12 foundation of dentistry for the handicapped to provide dental
7 13 services to indigent elderly and disabled individuals.
7 14 3. CHRONIC CONDITIONS
7 15 For serving individuals identified as having chronic
7 16 conditions or special health care needs, and for not more than
7 17 the following full=time equivalent positions:
7 18 .................................................. $ 2,756,236
7 19 ............................................... FTEs 3.00
7 20 a. Of the funds appropriated in this subsection, $176,542
7 21 shall be used for grants to individual patients who have
7 22 phenylketonuria (PKU) to assist with the costs of necessary
7 23 special foods.
7 24 b. Of the funds appropriated in this subsection, $438,018
7 25 is allocated for continuation of the contracts for resource
7 26 facilitator services in accordance with section 135.22B,
7 27 subsection 9, and for brain injury training services and
7 28 recruiting of service providers to increase the capacity
7 29 within this state to address the needs of individuals with
7 30 brain injuries and such individuals' families.
7 31 c. Of the funds appropriated in this subsection, $244,579
7 32 shall be used as additional funding to leverage federal
7 33 funding through the federal Ryan White Care Act, Title II,
7 34 AIDS drug assistance program supplemental drug treatment
7 35 grants.
8 1 d. Of the funds appropriated in this subsection, $88,938
8 2 shall be used for the public purpose of providing a grant to
8 3 an existing national=affiliated organization to provide
8 4 education, client=centered programs, and client and family
8 5 support for people living with epilepsy and their families.
8 6 4. COMMUNITY CAPACITY
8 7 For strengthening the health care delivery system at the
8 8 local level, and for not more than the following full=time
8 9 equivalent positions:
8 10 .................................................. $ 4,116,847
8 11 ............................................... FTEs 21.00
8 12 a. Of the funds appropriated in this subsection, $90,000
8 13 is allocated for a child vision screening program implemented
8 14 through the university of Iowa hospitals and clinics in
8 15 collaboration with community empowerment areas.
8 16 b. Of the funds appropriated in this subsection, $143,254
8 17 is allocated for continuation of an initiative implemented at
8 18 the university of Iowa and $125,802 is allocated for
8 19 continuation of an initiative at the state mental health
8 20 institute at Cherokee to expand and improve the workforce
8 21 engaged in mental health treatment and services. The
8 22 initiatives shall receive input from the university of Iowa,
8 23 the department of human services, the department of public
8 24 health, and the mental health, mental retardation,
8 25 developmental disabilities, and brain injury commission to
8 26 address the focus of the initiatives.
8 27 c. Of the funds appropriated in this subsection,
8 28 $1,054,060 shall be used for essential public health services
8 29 that promote healthy aging throughout the lifespan, contracted
8 30 through a formula for local boards of health, to enhance
8 31 health promotion and disease prevention services.
8 32 d. Of the funds appropriated in this section, $100,000
8 33 shall be deposited in the governmental public health system
8 34 fund created by this Act to be used to further develop the
8 35 Iowa public health standards and to begin implementation of
9 1 public health modernization in accordance with chapter 135A,
9 2 as enacted by this Act, to the extent funding is available.
9 3 5. ELDERLY WELLNESS
9 4 For promotion of healthy aging and optimization of the
9 5 health of older adults:
9 6 .................................................. $ 8,345,779
9 7 a. Of the funds appropriated in this subsection,
9 8 $2,292,076 shall be used for local public health nursing
9 9 services.
9 10 b. Of the funds appropriated in this subsection,
9 11 $6,053,703 shall be used for home care aide services.
9 12 6. ENVIRONMENTAL HAZARDS
9 13 For reducing the public's exposure to hazards in the
9 14 environment, primarily chemical hazards, and for not more than
9 15 the following full=time equivalent positions:
9 16 .................................................. $ 1,000,391
9 17 ............................................... FTEs 4.50
9 18 a. Of the funds appropriated in this subsection, $601,631
9 19 shall be used for childhood lead poisoning provisions.
9 20 b. Of the funds appropriated in this subsection, not more
9 21 than $262,153 shall be used for the development of scientific
9 22 and medical expertise in environmental epidemiology.
9 23 7. INFECTIOUS DISEASES
9 24 For reducing the incidence and prevalence of communicable
9 25 diseases, and for not more than the following full=time
9 26 equivalent positions:
9 27 .................................................. $ 1,630,661
9 28 ............................................... FTEs 5.00
9 29 8. PUBLIC PROTECTION
9 30 For protecting the health and safety of the public through
9 31 establishing standards and enforcing regulations, and for not
9 32 more than the following full=time equivalent positions:
9 33 .................................................. $ 3,569,986
9 34 ............................................... FTEs 130.00
9 35 a. Of the funds appropriated in this subsection, not more
10 1 than $549,240 shall be credited to the emergency medical
10 2 services fund created in section 135.25. Moneys in the
10 3 emergency medical services fund are appropriated to the
10 4 department to be used for the purposes of the fund.
10 5 b. Of the funds appropriated in this subsection, $232,477
10 6 shall be used for sexual violence prevention programming
10 7 through a statewide organization representing programs serving
10 8 victims of sexual violence through the department's sexual
10 9 violence prevention program. The amount allocated in this
10 10 lettered paragraph shall not be used to supplant funding
10 11 administered for other sexual violence prevention or victims
10 12 assistance programs.
10 13 c. Of the funds appropriated in this subsection, not more
10 14 than $348,244 shall be used for the continuation and support
10 15 of a coordinated system of delivery of trauma and emergency
10 16 medical services.
10 17 d. Of the funds appropriated in this subsection, not more
10 18 than $539,467 shall be used for the state poison control
10 19 center.
10 20 9. RESOURCE MANAGEMENT
10 21 For establishing and sustaining the overall ability of the
10 22 department to deliver services to the public, and for not more
10 23 than the following full=time equivalent positions:
10 24 .................................................. $ 1,062,517
10 25 ............................................... FTEs 10.00
10 26 The university of Iowa hospitals and clinics under the
10 27 control of the state board of regents shall not receive
10 28 indirect costs from the funds appropriated in this section.
10 29 The university of Iowa hospitals and clinics billings to the
10 30 department shall be on at least a quarterly basis.
10 31 DEPARTMENT OF VETERANS AFFAIRS
10 32 Sec. 3. DEPARTMENT OF VETERANS AFFAIRS. There is
10 33 appropriated from the general fund of the state to the
10 34 department of veterans affairs for the fiscal year beginning
10 35 July 1, 2009, and ending June 30, 2010, the following amounts,
11 1 or so much thereof as is necessary, to be used for the
11 2 purposes designated:
11 3 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
11 4 For salaries, support, maintenance, and miscellaneous
11 5 purposes, including the war orphans educational assistance
11 6 fund created in section 35.8, and for not more than the
11 7 following full=time equivalent positions:
11 8 .................................................. $ 1,067,170
11 9 ............................................... FTEs 17.20
11 10 2. IOWA VETERANS HOME
11 11 For salaries, support, maintenance, and miscellaneous
11 12 purposes:
11 13 .................................................. $ 11,326,650
11 14 a. The Iowa veterans home billings involving the
11 15 department of human services shall be submitted to the
11 16 department on at least a monthly basis.
11 17 b. If there is a change in the employer of employees
11 18 providing services at the Iowa veterans home under a
11 19 collective bargaining agreement, such employees and the
11 20 agreement shall be continued by the successor employer as
11 21 though there had not been a change in employer.
11 22 c. Commencing with the fiscal year beginning July 1, 2009,
11 23 the Iowa veterans home shall revise the payment and exemption
11 24 amounts for residents participating in the incentive therapy
11 25 program in accordance with all of the following:
11 26 (1) The incentive therapy payment amount for domiciliary
11 27 level of care residents shall not exceed $150 per month and
11 28 for nursing level of care residents shall not exceed $75 per
11 29 month.
11 30 (2) The amounts paid under the program that are exempt
11 31 from computation of resident support shall be increased to
11 32 reflect the increases in the incentive therapy payments in
11 33 accordance with subparagraph (1).
11 34 3. STATE EDUCATIONAL ASSISTANCE == CHILDREN OF DECEASED
11 35 VETERANS
12 1 For provision of educational assistance pursuant to section
12 2 35.9:
12 3 .................................................. $ 22,944
12 4 Sec. 4. LIMITATION OF COUNTY COMMISSION OF VETERANS
12 5 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the
12 6 standing appropriation in the following designated section for
12 7 the fiscal year beginning July 1, 2009, and ending June 30,
12 8 2010, the amounts appropriated from the general fund of the
12 9 state pursuant to that section for the following designated
12 10 purposes shall not exceed the following amount:
12 11 For the county commissions of veterans affairs fund under
12 12 section 35A.16:
12 13 .................................................. $ 1,000,000
12 14 HUMAN SERVICES
12 15 Sec. 5. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
12 16 GRANT. There is appropriated from the fund created in section
12 17 8.41 to the department of human services for the fiscal year
12 18 beginning July 1, 2009, and ending June 30, 2010, from moneys
12 19 received under the federal temporary assistance for needy
12 20 families (TANF) block grant pursuant to the federal Personal
12 21 Responsibility and Work Opportunity Reconciliation Act of
12 22 1996, Pub. L. No. 104=193, and successor legislation, which
12 23 are federally appropriated for the federal fiscal years
12 24 beginning October 1, 2008, and ending September 30, 2009, and
12 25 beginning October 1, 2009, and ending September 30, 2010, the
12 26 following amounts, or so much thereof as is necessary, to be
12 27 used for the purposes designated:
12 28 1. To be credited to the family investment program account
12 29 and used for assistance under the family investment program
12 30 under chapter 239B:
12 31 .................................................. $ 26,106,513
12 32 2. To be credited to the family investment program account
12 33 and used for the job opportunities and basic skills (JOBS)
12 34 program and implementing family investment agreements in
12 35 accordance with chapter 239B:
13 1 .................................................. $ 13,084,528
13 2 Notwithstanding section 8.33, not more than 5 percent of
13 3 the moneys designated in this subsection that are allocated by
13 4 the department for contracted services, other than family
13 5 self=sufficiency grant services allocated under this
13 6 subsection, that remain unencumbered or unobligated at the
13 7 close of the fiscal year shall not revert but shall remain
13 8 available for expenditure for the purposes designated until
13 9 the close of the succeeding fiscal year. However, unless such
13 10 moneys are encumbered or obligated on or before September 30,
13 11 2010, the moneys shall revert.
13 12 3. To be used for the family development and
13 13 self=sufficiency grant program in accordance with section
13 14 216A.107:
13 15 .................................................. $ 2,998,675
13 16 Notwithstanding section 8.33, moneys appropriated in this
13 17 subsection that remain unencumbered or unobligated at the
13 18 close of the fiscal year shall not revert but shall remain
13 19 available for expenditure for the purposes designated until
13 20 the close of the succeeding fiscal year. However, unless such
13 21 moneys are encumbered or obligated on or before September 30,
13 22 2010, the moneys shall revert.
13 23 4. For field operations:
13 24 .................................................. $ 18,507,495
13 25 5. For general administration:
13 26 .................................................. $ 3,744,000
13 27 6. For local administrative costs:
13 28 .................................................. $ 2,189,830
13 29 7. For state child care assistance:
13 30 .................................................. $ 28,331,177
13 31 a. Of the funds appropriated in this subsection,
13 32 $18,986,177 shall be transferred to the child care and
13 33 development block grant appropriation made by the Eighty=third
13 34 General Assembly, 2009 Session, for the federal fiscal year
13 35 beginning October 1, 2009, and ending September 30, 2010. Of
14 1 this amount, $200,000 shall be used for provision of
14 2 educational opportunities to registered child care home
14 3 providers in order to improve services and programs offered by
14 4 this category of providers and to increase the number of
14 5 providers. The department may contract with institutions of
14 6 higher education or child care resource and referral centers
14 7 to provide the educational opportunities. Allowable
14 8 administrative costs under the contracts shall not exceed 5
14 9 percent. The application for a grant shall not exceed two
14 10 pages in length.
14 11 b. Any funds appropriated in this subsection remaining
14 12 unallocated shall be used for state child care assistance
14 13 payments for individuals enrolled in the family investment
14 14 program who are employed.
14 15 8. For mental health and developmental disabilities
14 16 community services:
14 17 .................................................. $ 4,894,052
14 18 9. For child and family services:
14 19 .................................................. $ 32,084,430
14 20 10. For child abuse prevention grants:
14 21 .................................................. $ 250,000
14 22 11. For pregnancy prevention grants on the condition that
14 23 family planning services are funded:
14 24 .................................................. $ 1,930,067
14 25 Pregnancy prevention grants shall be awarded to programs in
14 26 existence on or before July 1, 2009, if the programs are
14 27 comprehensive in scope and have demonstrated positive
14 28 outcomes. Grants shall be awarded to pregnancy prevention
14 29 programs which are developed after July 1, 2009, if the
14 30 programs are comprehensive in scope and are based on existing
14 31 models that have demonstrated positive outcomes. Grants shall
14 32 comply with the requirements provided in 1997 Iowa Acts,
14 33 chapter 208, section 14, subsections 1 and 2, including the
14 34 requirement that grant programs must emphasize sexual
14 35 abstinence. Priority in the awarding of grants shall be given
15 1 to programs that serve areas of the state which demonstrate
15 2 the highest percentage of unplanned pregnancies of females of
15 3 childbearing age within the geographic area to be served by
15 4 the grant.
15 5 12. For technology needs and other resources necessary to
15 6 meet federal welfare reform reporting, tracking, and case
15 7 management requirements:
15 8 .................................................. $ 1,037,186
15 9 13. For the healthy opportunities for parents to
15 10 experience success (HOPES) program administered by the
15 11 department of public health to target child abuse prevention:
15 12 .................................................. $ 200,000
15 13 14. To be credited to the state child care assistance
15 14 appropriation made in this section to be used for funding of
15 15 community=based early childhood programs targeted to children
15 16 from birth through five years of age developed by community
15 17 empowerment areas as provided in section 28.9:
15 18 .................................................. $ 7,350,000
15 19 a. The department shall transfer TANF block grant funding
15 20 appropriated and allocated in this subsection to the child
15 21 care and development block grant appropriation in accordance
15 22 with federal law as necessary to comply with the provisions of
15 23 this subsection.
15 24 b. Of the amounts appropriated in this section,
15 25 $12,962,008 for the fiscal year beginning July 1, 2009, shall
15 26 be transferred to the appropriation of the federal social
15 27 services block grant made for that fiscal year.
15 28 c. The department may transfer funds allocated in this
15 29 section to the appropriations made in this Act for general
15 30 administration and field operations for resources necessary to
15 31 implement and operate the services referred to in this section
15 32 and those funded in the appropriation made in this division of
15 33 this Act for the family investment program from the general
15 34 fund of the state.
15 35 Sec. 6. FAMILY INVESTMENT PROGRAM ACCOUNT.
16 1 1. Moneys credited to the family investment program (FIP)
16 2 account for the fiscal year beginning July 1, 2009, and ending
16 3 June 30, 2010, shall be used to provide assistance in
16 4 accordance with chapter 239B.
16 5 2. The department may use a portion of the moneys credited
16 6 to the FIP account under this section as necessary for
16 7 salaries, support, maintenance, and miscellaneous purposes.
16 8 3. The department may transfer funds allocated in this
16 9 section to the appropriations in this Act for general
16 10 administration and field operations for resources necessary to
16 11 implement and operate the services referred to in this section
16 12 and those funded in the appropriation made in this division of
16 13 this Act for the family investment program from the general
16 14 fund of the state.
16 15 4. Moneys appropriated in this division of this Act and
16 16 credited to the FIP account for the fiscal year beginning July
16 17 1, 2009, and ending June 30, 2010, are allocated as follows:
16 18 a. To be retained by the department of human services to
16 19 be used for coordinating with the department of human rights
16 20 to more effectively serve participants in the FIP program and
16 21 other shared clients and to meet federal reporting
16 22 requirements under the federal temporary assistance for needy
16 23 families block grant:
16 24 .................................................. $ 20,000
16 25 b. To the department of human rights for staffing,
16 26 administration, and implementation of the family development
16 27 and self=sufficiency grant program in accordance with section
16 28 216A.107:
16 29 .................................................. $ 5,266,946
16 30 (1) Of the funds allocated for the family development and
16 31 self=sufficiency grant program in this lettered paragraph, not
16 32 more than 5 percent of the funds shall be used for the
16 33 administration of the grant program.
16 34 (2) The department of human rights may continue to
16 35 implement the family development and self=sufficiency grant
17 1 program statewide during fiscal year 2009=2010.
17 2 c. For the diversion subaccount of the FIP account:
17 3 .................................................. $ 1,814,000
17 4 A portion of the moneys allocated for the subaccount may be
17 5 used for field operations salaries, data management system
17 6 development, and implementation costs and support deemed
17 7 necessary by the director of human services in order to
17 8 administer the FIP diversion program.
17 9 d. For the food stamp employment and training program:
17 10 .................................................. $ 68,059
17 11 The department shall amend the food stamp employment and
17 12 training state plan in order to maximize to the fullest extent
17 13 permitted by federal law the use of the fifty=fifty match
17 14 provisions for the claiming of allowable federal matching
17 15 funds from the United States department of agriculture
17 16 pursuant to the federal food stamp employment and training
17 17 program for providing education, employment, and training
17 18 services for eligible food assistance program participants,
17 19 including but not limited to related dependent care and
17 20 transportation expenses.
17 21 e. For the JOBS program:
17 22 .................................................. $ 21,638,263
17 23 5. Of the child support collections assigned under FIP, an
17 24 amount equal to the federal share of support collections shall
17 25 be credited to the child support recovery appropriation made
17 26 in this division of this Act. Of the remainder of the
17 27 assigned child support collections received by the child
17 28 support recovery unit, a portion shall be credited to the FIP
17 29 account, a portion may be used to increase recoveries, and a
17 30 portion may be used to sustain cash flow in the child support
17 31 payments account. If as a consequence of the appropriations
17 32 and allocations made in this section the resulting amounts are
17 33 insufficient to sustain cash assistance payments and meet
17 34 federal maintenance of effort requirements, the department
17 35 shall seek supplemental funding. If child support collections
18 1 assigned under FIP are greater than estimated or are otherwise
18 2 determined not to be required for maintenance of effort, the
18 3 state share of either amount may be transferred to or retained
18 4 in the child support payment account.
18 5 6. The department may adopt emergency rules for the family
18 6 investment, JOBS, food stamp, and medical assistance programs
18 7 if necessary to comply with federal requirements.
18 8 Sec. 7. FAMILY INVESTMENT PROGRAM GENERAL FUND. There is
18 9 appropriated from the general fund of the state to the
18 10 department of human services for the fiscal year beginning
18 11 July 1, 2009, and ending June 30, 2010, the following amount,
18 12 or so much thereof as is necessary, to be used for the purpose
18 13 designated:
18 14 To be credited to the family investment program (FIP)
18 15 account and used for family investment program assistance
18 16 under chapter 239B:
18 17 .................................................. $ 34,342,700
18 18 1. Of the funds appropriated in this section, $8,553,735
18 19 is allocated for the JOBS program.
18 20 2. Of the funds appropriated in this section, $2,268,271
18 21 is allocated for the family development and self=sufficiency
18 22 grant program.
18 23 3. a. Of the funds appropriated in this section, $219,423
18 24 shall be used for continuation of a grant to an Iowa=based
18 25 nonprofit organization with a history of providing tax
18 26 preparation assistance to low=income Iowans in order to expand
18 27 the usage of the earned income tax credit. The purpose of the
18 28 grant is to supply this assistance to underserved areas of the
18 29 state. The grant shall be provided to an organization that
18 30 has existing national foundation support for supplying such
18 31 assistance that can also secure local charitable match
18 32 funding.
18 33 b. The general assembly supports efforts by the
18 34 organization receiving funding under this subsection to create
18 35 a statewide earned income tax credit and asset=building
19 1 coalition to achieve both of the following purposes:
19 2 (1) Expanding the usage of the tax credit through new and
19 3 enhanced outreach and marketing strategies, as well as
19 4 identifying new local sites and human and financial resources.
19 5 (2) Assessing and recommending various strategies for
19 6 Iowans to develop assets through savings, individual
19 7 development accounts, financial literacy, antipredatory
19 8 lending initiatives, informed home ownership, use of various
19 9 forms of support for work, and microenterprise business
19 10 development targeted to persons who are self=employed or have
19 11 fewer than five employees.
19 12 4. Notwithstanding section 8.39, for the fiscal year
19 13 beginning July 1, 2009, if necessary to meet federal
19 14 maintenance of effort requirements or to transfer federal
19 15 temporary assistance for needy families block grant funding to
19 16 be used for purposes of the federal social services block
19 17 grant or to meet cash flow needs resulting from delays in
19 18 receiving federal funding or to implement, in accordance with
19 19 this division of this Act, activities currently funded with
19 20 juvenile court services, county, or community moneys and state
19 21 moneys used in combination with such moneys, the department of
19 22 human services may transfer funds within or between any of the
19 23 appropriations made in this division of this Act and
19 24 appropriations in law for the federal social services block
19 25 grant to the department for the following purposes, provided
19 26 that the combined amount of state and federal temporary
19 27 assistance for needy families block grant funding for each
19 28 appropriation remains the same before and after the transfer:
19 29 a. For the family investment program.
19 30 b. For child care assistance.
19 31 c. For child and family services.
19 32 d. For field operations.
19 33 e. For general administration.
19 34 f. MH/MR/DD/BI community services (local purchase).
19 35 This subsection shall not be construed to prohibit the use
20 1 of existing state transfer authority for other purposes. The
20 2 department shall report any transfers made pursuant to this
20 3 subsection to the legislative services agency.
20 4 Sec. 8. CHILD SUPPORT RECOVERY. There is appropriated
20 5 from the general fund of the state to the department of human
20 6 services for the fiscal year beginning July 1, 2009, and
20 7 ending June 30, 2010, the following amount, or so much thereof
20 8 as is necessary, to be used for the purposes designated:
20 9 For child support recovery, including salaries, support,
20 10 maintenance, and miscellaneous purposes, and for not more than
20 11 the following full=time equivalent positions:
20 12 .................................................. $ 13,420,460
20 13 ............................................... FTEs 520.00
20 14 1. The department shall expend up to $27,032, including
20 15 federal financial participation, for the fiscal year beginning
20 16 July 1, 2009, for a child support public awareness campaign.
20 17 The department and the office of the attorney general shall
20 18 cooperate in continuation of the campaign. The public
20 19 awareness campaign shall emphasize, through a variety of media
20 20 activities, the importance of maximum involvement of both
20 21 parents in the lives of their children as well as the
20 22 importance of payment of child support obligations.
20 23 2. Federal access and visitation grant moneys shall be
20 24 issued directly to private not=for=profit agencies that
20 25 provide services designed to increase compliance with the
20 26 child access provisions of court orders, including but not
20 27 limited to neutral visitation sites and mediation services.
20 28 3. The appropriation made to the department for child
20 29 support recovery may be used throughout the fiscal year in the
20 30 manner necessary for purposes of cash flow management, and for
20 31 cash flow management purposes the department may temporarily
20 32 draw more than the amount appropriated, provided the amount
20 33 appropriated is not exceeded at the close of the fiscal year.
20 34 4. For Iowa orders, notwithstanding section 598.22A and
20 35 effective October 1, 2009, support arrearages for which all
21 1 rights have been and remain assigned to the department for
21 2 time periods prior to October 1, 1997, when a child did not
21 3 receive assistance under Title IV=A of the federal Social
21 4 Security Act or when a child received foster care services,
21 5 are considered satisfied up to the amount of assistance
21 6 received or foster care funds expended, and the child support
21 7 recovery unit shall update court records accordingly. The
21 8 unit shall send information regarding the provisions of this
21 9 subsection to the obligor and obligee by regular mail to the
21 10 last known address, and any objection by an obligor or an
21 11 obligee shall be heard by the district court.
21 12 Sec. 9. MEDICAL ASSISTANCE. There is appropriated from
21 13 the general fund of the state to the department of human
21 14 services for the fiscal year beginning July 1, 2009, and
21 15 ending June 30, 2010, the following amount, or so much thereof
21 16 as is necessary, to be used for the purpose designated:
21 17 For medical assistance reimbursement and associated costs
21 18 as specifically provided in the reimbursement methodologies in
21 19 effect on June 30, 2009, except as otherwise expressly
21 20 authorized by law, including reimbursement for abortion
21 21 services which shall be available under the medical assistance
21 22 program only for those abortions which are medically
21 23 necessary:
21 24 .................................................. $678,038,847
21 25 1. Medically necessary abortions are those performed under
21 26 any of the following conditions:
21 27 a. The attending physician certifies that continuing the
21 28 pregnancy would endanger the life of the pregnant woman.
21 29 b. The attending physician certifies that the fetus is
21 30 physically deformed, mentally deficient, or afflicted with a
21 31 congenital illness.
21 32 c. The pregnancy is the result of a rape which is reported
21 33 within 45 days of the incident to a law enforcement agency or
21 34 public or private health agency which may include a family
21 35 physician.
22 1 d. The pregnancy is the result of incest which is reported
22 2 within 150 days of the incident to a law enforcement agency or
22 3 public or private health agency which may include a family
22 4 physician.
22 5 e. Any spontaneous abortion, commonly known as a
22 6 miscarriage, if not all of the products of conception are
22 7 expelled.
22 8 2. The department shall utilize not more than $60,000 of
22 9 the funds appropriated in this section to continue the
22 10 AIDS/HIV health insurance premium payment program as
22 11 established in 1992 Iowa Acts, Second Extraordinary Session,
22 12 chapter 1001, section 409, subsection 6. Of the funds
22 13 allocated in this subsection, not more than $5,000 may be
22 14 expended for administrative purposes.
22 15 3. Of the funds appropriated in this Act to the department
22 16 of public health for addictive disorders, $950,000 for the
22 17 fiscal year beginning July 1, 2009, shall be transferred to
22 18 the department of human services for an integrated substance
22 19 abuse managed care system. The department shall not assume
22 20 management of the substance abuse system in place of the
22 21 managed care contractor unless such a change in approach is
22 22 specifically authorized in law. The departments of human
22 23 services and public health shall work together to maintain the
22 24 level of mental health and substance abuse services provided
22 25 by the managed care contractor through the Iowa plan for
22 26 behavioral health. Each department shall take the steps
22 27 necessary to continue the federal waivers as necessary to
22 28 maintain the level of services.
22 29 4. a. The department shall aggressively pursue options
22 30 for providing medical assistance or other assistance to
22 31 individuals with special needs who become ineligible to
22 32 continue receiving services under the early and periodic
22 33 screening, diagnosis, and treatment program under the medical
22 34 assistance program due to becoming 21 years of age who have
22 35 been approved for additional assistance through the
23 1 department's exception to policy provisions, but who have
23 2 health care needs in excess of the funding available through
23 3 the exception to policy provisions.
23 4 b. Of the funds appropriated in this section, $100,000
23 5 shall be used for participation in one or more pilot projects
23 6 operated by a private provider to allow the individual or
23 7 individuals to receive service in the community in accordance
23 8 with principles established in Olmstead v. L.C., 527 U.S. 581
23 9 (1999), for the purpose of providing medical assistance or
23 10 other assistance to individuals with special needs who become
23 11 ineligible to continue receiving services under the early and
23 12 periodic screening, diagnosis, and treatment program under the
23 13 medical assistance program due to becoming 21 years of age who
23 14 have been approved for additional assistance through the
23 15 department's exception to policy provisions, but who have
23 16 health care needs in excess of the funding available through
23 17 the exception to the policy provisions.
23 18 5. Of the funds appropriated in this section, up to
23 19 $3,050,082 may be transferred to the field operations or
23 20 general administration appropriations in this Act for
23 21 operational costs associated with Part D of the federal
23 22 Medicare Prescription Drug, Improvement, and Modernization Act
23 23 of 2003, Pub. L. No. 108=173.
23 24 6. Of the funds appropriated in this section, not more
23 25 than $166,600 shall be used to enhance outreach efforts. The
23 26 department may transfer funds allocated in this subsection to
23 27 the appropriations in this division of this Act for general
23 28 administration, the state children's health insurance program,
23 29 or medical contracts, as necessary, to implement the outreach
23 30 efforts.
23 31 7. Of the funds appropriated in this section, up to
23 32 $442,100 may be transferred to the appropriation in this Act
23 33 for medical contracts to be used for clinical assessment
23 34 services related to remedial services in accordance with
23 35 federal law.
24 1 8. A portion of the funds appropriated in this section may
24 2 be transferred to the appropriations in this division of this
24 3 Act for general administration, medical contracts, the state
24 4 children's health insurance program, or field operations to be
24 5 used for the state match cost to comply with the payment error
24 6 rate measurement (PERM) program for both the medical
24 7 assistance and state children's health insurance programs as
24 8 developed by the centers for Medicare and Medicaid services of
24 9 the United States department of health and human services to
24 10 comply with the federal Improper Payments Information Act of
24 11 2002, Pub. L. No. 107=300.
24 12 9. It is the intent of the general assembly that the
24 13 department continue to implement the recommendations of the
24 14 assuring better child health and development initiative II
24 15 (ABCDII) clinical panel to the Iowa early and periodic
24 16 screening, diagnostic, and treatment services healthy mental
24 17 development collaborative board regarding changes to billing
24 18 procedures, codes, and eligible service providers.
24 19 10. Of the funds appropriated in this section, a
24 20 sufficient amount is allocated to supplement the incomes of
24 21 residents of nursing facilities, intermediate care facilities
24 22 for persons with mental illness, and intermediate care
24 23 facilities for persons with mental retardation, with incomes
24 24 of less than $50 in the amount necessary for the residents to
24 25 receive a personal needs allowance of $50 per month pursuant
24 26 to section 249A.30A.
24 27 11. Of the funds appropriated in this section, the
24 28 following amounts shall be transferred to appropriations made
24 29 in this division of this Act to the state mental health
24 30 institutes:
24 31 a. Cherokee mental health institute .......... $ 9,098,425
24 32 b. Clarinda mental health institute .......... $ 1,977,305
24 33 c. Independence mental health institute ...... $ 9,045,894
24 34 d. Mount Pleasant mental health institute .... $ 5,752,587
24 35 12. a. Of the funds appropriated in this section,
25 1 $2,687,889 is allocated for state match for disproportionate
25 2 share hospital payment of $7,321,954 to hospitals that meet
25 3 both of the following conditions:
25 4 (1) The hospital qualifies for disproportionate share and
25 5 graduate medical education payments.
25 6 (2) The hospital is an Iowa state=owned hospital with more
25 7 than 500 beds and eight or more distinct residency specialty
25 8 or subspecialty programs recognized by the American college of
25 9 graduate medical education.
25 10 b. Distribution of the disproportionate share payment
25 11 shall be made on a monthly basis. The total amount of
25 12 disproportionate share payments including graduate medical
25 13 education, enhanced disproportionate share, and Iowa
25 14 state=owned teaching hospital payments shall not exceed the
25 15 amount of the state's allotment under Pub. L. No. 102=234. In
25 16 addition, the total amount of all disproportionate share
25 17 payments shall not exceed the hospital=specific
25 18 disproportionate share limits under Pub. L. No. 103=66.
25 19 13. Of the funds appropriated in this section, up to
25 20 $4,634,065 may be transferred to the IowaCare account created
25 21 in section 249J.24.
25 22 14. Of the funds appropriated in this section, $200,000
25 23 shall be used for the Iowa chronic care consortium pursuant to
25 24 2003 Iowa Acts, chapter 112, section 12, as amended by 2003
25 25 Iowa Acts, chapter 179, sections 166 and 167.
25 26 15. One hundred percent of the nonfederal share of
25 27 payments to area education agencies that are medical
25 28 assistance providers for medical assistance=covered services
25 29 provided to medical assistance=covered children, shall be made
25 30 from the appropriation made in this section.
25 31 16. a. Any new or renewed contract entered into by the
25 32 department with a third party to administer behavioral health
25 33 services under the medical assistance program shall provide
25 34 that any interest earned on payments from the state during the
25 35 state fiscal year shall be remitted to the department for
26 1 deposit in a separate account after the end of the fiscal
26 2 year.
26 3 b. The department shall continue to maintain a separate
26 4 account within the medical assistance budget for the deposit
26 5 of all funds remitted pursuant to a contract with a third
26 6 party to administer behavioral health services under the
26 7 medical assistance program established pursuant to 2008 Iowa
26 8 Acts 1187, section 9, subsection 20. Notwithstanding section
26 9 8.33, funds remaining in the account that remain unencumbered
26 10 or unobligated at the end of any fiscal year shall not revert
26 11 but shall remain available in succeeding fiscal years and
26 12 shall be used only in accordance with appropriations from the
26 13 account for health and human services=related purposes.
26 14 c. For the fiscal year beginning July 1, 2009, funds in
26 15 the separate account are appropriated to the department of
26 16 human services as state matching funds for the medical
26 17 assistance program.
26 18 17. The department shall continue to implement the
26 19 provisions in 2007 Iowa Acts, chapter 218, section 124 and
26 20 section 126, as amended by 2008 Iowa Acts, chapter 1188,
26 21 section 55, relating to eligibility for certain persons with
26 22 disabilities under the medical assistance program in
26 23 accordance with the federal family opportunity Act.
26 24 18. The department shall add behavior programming, crisis
26 25 intervention, and mental health outreach services to the home
26 26 and community=based services mental retardation waiver in
26 27 order to continue necessary home and community=based services
26 28 for persons transitioning into the community under the money
26 29 follows the person grant program.
26 30 19. It is the intent of the general assembly that the Iowa
26 31 autism council established in section 256.35A shall work with
26 32 the department of human services to review the option of
26 33 implementing a home and community=based services waiver for
26 34 individuals up to 21 years of age with autism under the
26 35 medical assistance program. The council shall present final
27 1 recommendations to the general assembly by January 15, 2010.
27 2 20. The department shall issue a request for proposals to
27 3 implement a correct coding initiative for the medical
27 4 assistance program to promote correct coding of health care
27 5 services by providers, to evaluate claims submissions, and to
27 6 prevent improper payment. The department may use a portion of
27 7 any savings projected to result from the initiative for
27 8 one=time implementation costs and for on=going costs of the
27 9 contract to the extent that savings exceed costs of the
27 10 initiative.
27 11 21. The department shall request a medical assistance
27 12 state plan amendment to be effective July 1, 2010, that
27 13 specifies the coverage criteria for applied behavioral
27 14 analysis therapy in the remedial services program. Such
27 15 coverage criteria shall be based on the best practices in
27 16 medical literature that have been documented to achieve
27 17 results.
27 18 22. The department may issue a request for proposals to
27 19 implement a transportation brokerage system for administering
27 20 medical assistance program medical transportation payments and
27 21 client referrals. Any request for proposals shall be
27 22 structured to be budget neutral to the state.
27 23 Sec. 10. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There
27 24 is appropriated from the general fund of the state to the
27 25 department of human services for the fiscal year beginning
27 26 July 1, 2009, and ending June 30, 2010, the following amount,
27 27 or so much thereof as is necessary, to be used for the purpose
27 28 designated:
27 29 For administration of the health insurance premium payment
27 30 program, including salaries, support, maintenance, and
27 31 miscellaneous purposes, and for not more than the following
27 32 full=time equivalent positions:
27 33 .................................................. $ 508,011
27 34 ............................................... FTEs 19.00
27 35 Sec. 11. MEDICAL CONTRACTS. There is appropriated from
28 1 the general fund of the state to the department of human
28 2 services for the fiscal year beginning July 1, 2009, and
28 3 ending June 30, 2010, the following amount, or so much thereof
28 4 as is necessary, to be used for the purpose designated:
28 5 For medical contracts, including salaries, support,
28 6 maintenance, and miscellaneous purposes, and for not more than
28 7 the following full=time equivalent positions:
28 8 .................................................. $ 13,651,503
28 9 ............................................... FTEs 6.00
28 10 Sec. 12. STATE SUPPLEMENTARY ASSISTANCE.
28 11 1. There is appropriated from the general fund of the
28 12 state to the department of human services for the fiscal year
28 13 beginning July 1, 2009, and ending June 30, 2010, the
28 14 following amount, or so much thereof as is necessary, to be
28 15 used for the purpose designated:
28 16 For the state supplementary assistance program:
28 17 .................................................. $ 18,412,646
28 18 2. The department shall increase the personal needs
28 19 allowance for residents of residential care facilities by the
28 20 same percentage and at the same time as federal supplemental
28 21 security income and federal social security benefits are
28 22 increased due to a recognized increase in the cost of living.
28 23 The department may adopt emergency rules to implement this
28 24 subsection.
28 25 3. If during the fiscal year beginning July 1, 2009, the
28 26 department projects that state supplementary assistance
28 27 expenditures for a calendar year will not meet the federal
28 28 pass=through requirement specified in Title XVI of the federal
28 29 Social Security Act, section 1618, as codified in 42 U.S.C. }
28 30 1382g, the department may take actions including but not
28 31 limited to increasing the personal needs allowance for
28 32 residential care facility residents and making programmatic
28 33 adjustments or upward adjustments of the residential care
28 34 facility or in=home health=related care reimbursement rates
28 35 prescribed in this division of this Act to ensure that federal
29 1 requirements are met. In addition, the department may make
29 2 other programmatic and rate adjustments necessary to remain
29 3 within the amount appropriated in this section while ensuring
29 4 compliance with federal requirements. The department may
29 5 adopt emergency rules to implement the provisions of this
29 6 subsection.
29 7 Sec. 13. STATE CHILDREN'S HEALTH INSURANCE PROGRAM.
29 8 1. There is appropriated from the general fund of the
29 9 state to the department of human services for the fiscal year
29 10 beginning July 1, 2009, and ending June 30, 2010, the
29 11 following amount, or so much thereof as is necessary, to be
29 12 used for the purpose designated:
29 13 For maintenance of the healthy and well kids in Iowa (hawk=
29 14 i) program pursuant to chapter 514I for receipt of federal
29 15 financial participation under Title XXI of the federal Social
29 16 Security Act, which creates the state children's health
29 17 insurance program:
29 18 .................................................. $ 14,629,830
29 19 2. Of the funds appropriated in this section, $128,950 is
29 20 allocated for continuation of the contract for advertising and
29 21 outreach with the department of public health and $90,050 is
29 22 allocated for other advertising and outreach.
29 23 Sec. 14. CHILD CARE ASSISTANCE. There is appropriated
29 24 from the general fund of the state to the department of human
29 25 services for the fiscal year beginning July 1, 2009, and
29 26 ending June 30, 2010, the following amount, or so much thereof
29 27 as is necessary, to be used for the purpose designated:
29 28 For child care programs:
29 29 .................................................. $ 37,799,472
29 30 1. Of the funds appropriated in this section, $34,417,754
29 31 shall be used for state child care assistance in accordance
29 32 with section 237A.13. It is the intent of the general
29 33 assembly to appropriate sufficient funding for the state child
29 34 care assistance program for the fiscal year beginning July 1,
29 35 2010, in order to avoid establishment of waiting list
30 1 requirements by the department in the preceding fiscal year in
30 2 anticipation that enhanced funding under the federal American
30 3 Recovery and Reinvestment Act of 2009 will not be replaced for
30 4 the fiscal year beginning July 1, 2010.
30 5 2. Nothing in this section shall be construed or is
30 6 intended as or shall imply a grant of entitlement for services
30 7 to persons who are eligible for assistance due to an income
30 8 level consistent with the waiting list requirements of section
30 9 237A.13. Any state obligation to provide services pursuant to
30 10 this section is limited to the extent of the funds
30 11 appropriated in this section.
30 12 3. Of the funds appropriated in this section, $480,453 is
30 13 allocated for the statewide program for child care resource
30 14 and referral services under section 237A.26. A list of the
30 15 registered and licensed child care facilities operating in the
30 16 area served by a child care resource and referral service
30 17 shall be made available to the families receiving state child
30 18 care assistance in that area.
30 19 4. a. Of the funds appropriated in this section,
30 20 $1,536,181 is allocated for child care quality improvement
30 21 initiatives including but not limited to the voluntary quality
30 22 rating system in accordance with section 237A.30.
30 23 b. The department shall revise the achievement bonus
30 24 provisions under the voluntary quality rating system to
30 25 provide that the bonus amount paid for a provider renewing a
30 26 rating at levels 2 through 4 in years subsequent to the
30 27 initial rating shall not be more than 50 percent of the amount
30 28 of the initial bonus award. For providers who renew at a
30 29 lower rating level than previously awarded, the achievement
30 30 bonus amount shall not be more than 50 percent of the award
30 31 amount for the lower rating level.
30 32 5. The department may use any of the funds appropriated in
30 33 this section as a match to obtain federal funds for use in
30 34 expanding child care assistance and related programs. For the
30 35 purpose of expenditures of state and federal child care
31 1 funding, funds shall be considered obligated at the time
31 2 expenditures are projected or are allocated to the
31 3 department's service areas. Projections shall be based on
31 4 current and projected caseload growth, current and projected
31 5 provider rates, staffing requirements for eligibility
31 6 determination and management of program requirements including
31 7 data systems management, staffing requirements for
31 8 administration of the program, contractual and grant
31 9 obligations and any transfers to other state agencies, and
31 10 obligations for decategorization or innovation projects.
31 11 6. A portion of the state match for the federal child care
31 12 and development block grant shall be provided as necessary to
31 13 meet federal matching funds requirements through the state
31 14 general fund appropriation made for child development grants
31 15 and other programs for at=risk children in section 279.51.
31 16 7. Of the funds appropriated in this section, $1,097,084
31 17 is transferred to the Iowa empowerment fund from which it is
31 18 appropriated to be used for professional development for the
31 19 system of early care, health, and education.
31 20 8. Of the funds appropriated in this section, $175,000
31 21 shall be allocated to a county with a population of more than
31 22 300,000 to be used for continuation of a grant to support
31 23 child care center services provided to children with mental,
31 24 physical, or emotional challenges in order for the children to
31 25 remain in a home or family setting.
31 26 9. Of the amount allocated in subsection 1, $93,000 shall
31 27 be used for the public purpose of providing a grant to a
31 28 neighborhood affordable housing and services organization
31 29 established in a county with a population of more than
31 30 350,000, that provides at least 300 apartment units to house
31 31 more than 1,000 residents, of which more than 80 percent
31 32 belong to a minority population and at least 95 percent are
31 33 headed by a single parent and have an income below federal
31 34 poverty guidelines, to be used for child development
31 35 programming for children residing in the housing.
32 1 10. The department shall work with personnel of the
32 2 department, state and local public health departments, child
32 3 care resource and referral services, extension, and others who
32 4 visit or inspect child care providers to streamline and
32 5 eliminate duplication in the inspection processes. The
32 6 department shall report on or before December 15, 2009, to the
32 7 persons designated by this division of this Act for submission
32 8 of reports on the changes made as a result of the work.
32 9 11. Notwithstanding section 8.33, moneys appropriated in
32 10 this section or received from the federal appropriations made
32 11 for the purposes of this section that remain unencumbered or
32 12 unobligated at the close of the fiscal year shall not revert
32 13 to any fund but shall remain available for expenditure for the
32 14 purposes designated until the close of the succeeding fiscal
32 15 year.
32 16 Sec. 15. JUVENILE INSTITUTIONS. There is appropriated
32 17 from the general fund of the state to the department of human
32 18 services for the fiscal year beginning July 1, 2009, and
32 19 ending June 30, 2010, the following amounts, or so much
32 20 thereof as is necessary, to be used for the purposes
32 21 designated:
32 22 1. For operation of the Iowa juvenile home at Toledo and
32 23 for salaries, support, and maintenance, and for not more than
32 24 the following full=time equivalent positions:
32 25 .................................................. $ 6,754,759
32 26 ............................................... FTEs 125.00
32 27 2. For operation of the state training school at Eldora
32 28 and for salaries, support, and maintenance, and for not more
32 29 than the following full=time equivalent positions:
32 30 .................................................. $ 10,717,787
32 31 ............................................... FTEs 202.70
32 32 3. A portion of the moneys appropriated in this section
32 33 shall be used by the state training school and by the Iowa
32 34 juvenile home for grants for adolescent pregnancy prevention
32 35 activities at the institutions in the fiscal year beginning
33 1 July 1, 2009.
33 2 Sec. 16. CHILD AND FAMILY SERVICES.
33 3 1. There is appropriated from the general fund of the
33 4 state to the department of human services for the fiscal year
33 5 beginning July 1, 2009, and ending June 30, 2010, the
33 6 following amount, or so much thereof as is necessary, to be
33 7 used for the purpose designated:
33 8 For child and family services:
33 9 .................................................. $ 90,591,451
33 10 2. In order to address a reduction of $5,200,000 from the
33 11 amount allocated under the appropriation made for the purposes
33 12 of this section in prior years for purposes of juvenile
33 13 delinquent graduated sanction services, up to $5,200,000 of
33 14 the amount of federal temporary assistance for needy families
33 15 block grant funding appropriated in this division of this Act
33 16 for child and family services shall be made available for
33 17 purposes of juvenile delinquent graduated sanction services.
33 18 3. The department may transfer funds appropriated in this
33 19 section as necessary to pay the nonfederal costs of services
33 20 reimbursed under the medical assistance program, state child
33 21 care assistance program, or the family investment program
33 22 which are provided to children who would otherwise receive
33 23 services paid under the appropriation in this section. The
33 24 department may transfer funds appropriated in this section to
33 25 the appropriations made in this division of this Act for
33 26 general administration and for field operations for resources
33 27 necessary to implement and operate the services funded in this
33 28 section.
33 29 4. a. Of the funds appropriated in this section, up to
33 30 $34,280,400 is allocated as the statewide expenditure target
33 31 under section 232.143 for group foster care maintenance and
33 32 services. If the department projects that such expenditures
33 33 for the fiscal year will be less than the target amount
33 34 allocated in this lettered paragraph, the department may
33 35 reallocate the excess to provide additional funding for
34 1 shelter care or the child welfare emergency services addressed
34 2 with the allocation for shelter care.
34 3 b. If at any time after September 30, 2009, annualization
34 4 of a service area's current expenditures indicates a service
34 5 area is at risk of exceeding its group foster care expenditure
34 6 target under section 232.143 by more than 5 percent, the
34 7 department and juvenile court services shall examine all group
34 8 foster care placements in that service area in order to
34 9 identify those which might be appropriate for termination. In
34 10 addition, any aftercare services believed to be needed for the
34 11 children whose placements may be terminated shall be
34 12 identified. The department and juvenile court services shall
34 13 initiate action to set dispositional review hearings for the
34 14 placements identified. In such a dispositional review
34 15 hearing, the juvenile court shall determine whether needed
34 16 aftercare services are available and whether termination of
34 17 the placement is in the best interest of the child and the
34 18 community.
34 19 5. In accordance with the provisions of section 232.188,
34 20 the department shall continue the child welfare and juvenile
34 21 justice funding initiative during fiscal year 2009=2010. Of
34 22 the funds appropriated in this section, $1,717,753 is
34 23 allocated specifically for expenditure for fiscal year
34 24 2009=2010 through the decategorization service funding pools
34 25 and governance boards established pursuant to section 232.188.
34 26 6. A portion of the funds appropriated in this section may
34 27 be used for emergency family assistance to provide other
34 28 resources required for a family participating in a family
34 29 preservation or reunification project or successor project to
34 30 stay together or to be reunified.
34 31 7. Notwithstanding section 234.35 or any other provision
34 32 of law to the contrary, state funding for shelter care shall
34 33 be limited to $7,686,460. The department may continue or
34 34 amend shelter care provider contracts to include the child
34 35 welfare emergency services for children who might otherwise be
35 1 served in shelter care that were implemented pursuant to 2008
35 2 Iowa Acts, chapter 1187, section 16, subsection 7.
35 3 8. Except for federal funds provided by the federal
35 4 American Recovery and Reinvestment Act of 2009, federal funds
35 5 received by the state during the fiscal year beginning July 1,
35 6 2009, as the result of the expenditure of state funds
35 7 appropriated during a previous state fiscal year for a service
35 8 or activity funded under this section are appropriated to the
35 9 department to be used as additional funding for services and
35 10 purposes provided for under this section. Notwithstanding
35 11 section 8.33, moneys received in accordance with this
35 12 subsection that remain unencumbered or unobligated at the
35 13 close of the fiscal year shall not revert to any fund but
35 14 shall remain available for the purposes designated until the
35 15 close of the succeeding fiscal year.
35 16 9. Of the funds appropriated in this section, at least
35 17 $3,464,856 shall be used for protective child care assistance.
35 18 10. a. Of the funds appropriated in this section, up to
35 19 $2,257,277 is allocated for the payment of the expenses of
35 20 court=ordered services provided to juveniles who are under the
35 21 supervision of juvenile court services, which expenses are a
35 22 charge upon the state pursuant to section 232.141, subsection
35 23 4. Of the amount allocated in this lettered paragraph, up to
35 24 $1,556,287 shall be made available to provide school=based
35 25 supervision of children adjudicated under chapter 232, of
35 26 which not more than $15,000 may be used for the purpose of
35 27 training. A portion of the cost of each school=based liaison
35 28 officer shall be paid by the school district or other funding
35 29 source as approved by the chief juvenile court officer.
35 30 b. Of the funds appropriated in this section, up to
35 31 $819,722 is allocated for the payment of the expenses of
35 32 court=ordered services provided to children who are under the
35 33 supervision of the department, which expenses are a charge
35 34 upon the state pursuant to section 232.141, subsection 4.
35 35 c. Notwithstanding section 232.141 or any other provision
36 1 of law to the contrary, the amounts allocated in this
36 2 subsection shall be distributed to the judicial districts as
36 3 determined by the state court administrator and to the
36 4 department's service areas as determined by the administrator
36 5 of the department's division of child and family services.
36 6 The state court administrator and the division administrator
36 7 shall make the determination of the distribution amounts on or
36 8 before June 15, 2009.
36 9 d. Notwithstanding chapter 232 or any other provision of
36 10 law to the contrary, a district or juvenile court shall not
36 11 order any service which is a charge upon the state pursuant to
36 12 section 232.141 if there are insufficient court=ordered
36 13 services funds available in the district court or departmental
36 14 service area distribution amounts to pay for the service. The
36 15 chief juvenile court officer and the departmental service area
36 16 manager shall encourage use of the funds allocated in this
36 17 subsection such that there are sufficient funds to pay for all
36 18 court=related services during the entire year. The chief
36 19 juvenile court officers and departmental service area managers
36 20 shall attempt to anticipate potential surpluses and shortfalls
36 21 in the distribution amounts and shall cooperatively request
36 22 the state court administrator or division administrator to
36 23 transfer funds between the judicial districts' or departmental
36 24 service areas' distribution amounts as prudent.
36 25 e. Notwithstanding any provision of law to the contrary, a
36 26 district or juvenile court shall not order a county to pay for
36 27 any service provided to a juvenile pursuant to an order
36 28 entered under chapter 232 which is a charge upon the state
36 29 under section 232.141, subsection 4.
36 30 f. Of the funds allocated in this subsection, not more
36 31 than $100,000 may be used by the judicial branch for
36 32 administration of the requirements under this subsection.
36 33 11. Of the funds appropriated in this section, $1,005,166
36 34 shall be transferred to the department of public health to be
36 35 used for the child protection center grant program in
37 1 accordance with section 135.118.
37 2 12. If the department receives federal approval to
37 3 implement a waiver under Title IV=E of the federal Social
37 4 Security Act to enable providers to serve children who remain
37 5 in the children's families and communities, for purposes of
37 6 eligibility under the medical assistance program, children who
37 7 participate in the waiver shall be considered to be placed in
37 8 foster care.
37 9 13. Of the funds appropriated in this section, $2,695,256
37 10 is allocated for the preparation for adult living program
37 11 pursuant to section 234.46.
37 12 14. Of the funds appropriated in this section, $975,162
37 13 shall be used for juvenile drug courts. The amount allocated
37 14 in this subsection shall be distributed as follows:
37 15 a. To the judicial branch for salaries to assist with the
37 16 operation of juvenile drug court programs operated in the
37 17 following jurisdictions:
37 18 (1) Marshall county:
37 19 .................................................. $ 58,509
37 20 (2) Woodbury county:
37 21 .................................................. $ 117,267
37 22 (3) Polk county:
37 23 .................................................. $ 182,779
37 24 (4) The third judicial district:
37 25 .................................................. $ 63,385
37 26 (5) The eighth judicial district:
37 27 .................................................. $ 63,385
37 28 b. For court=ordered services to support substance abuse
37 29 services provided to the juveniles participating in the
37 30 juvenile drug court programs listed in paragraph "a" and the
37 31 juveniles' families:
37 32 .................................................. $ 489,837
37 33 The state court administrator shall allocate the funding
37 34 designated in this paragraph among the programs.
37 35 15. Of the funds appropriated in this section, $224,288
38 1 shall be used for the public purpose of providing a grant to a
38 2 nonprofit human services organization providing services to
38 3 individuals and families in multiple locations in southwest
38 4 Iowa and Nebraska for support of a project providing
38 5 immediate, sensitive support and forensic interviews, medical
38 6 exams, needs assessments, and referrals for victims of child
38 7 abuse and their nonoffending family members.
38 8 16. Of the funds appropriated in this section, $123,923 is
38 9 allocated for the elevate approach of providing a support
38 10 network to children placed in foster care.
38 11 17. Of the funds appropriated in this section, $227,987 is
38 12 allocated for use pursuant to section 235A.1 for continuation
38 13 of the initiative to address child sexual abuse implemented
38 14 pursuant to 2007 Iowa Acts, chapter 218, section 18,
38 15 subsection 21.
38 16 18. Of the funds appropriated in this section, $75,741 is
38 17 allocated for the public purpose of renewing of a grant to a
38 18 county with a population between 189,000 and 196,000 in the
38 19 latest preceding certified federal census for implementation
38 20 of the county's runaway treatment plan under section 232.195.
38 21 19. Of the funds appropriated in this section, $590,780 is
38 22 allocated for the community partnership for child protection
38 23 sites.
38 24 20. Of the funds appropriated in this section, $355,036 is
38 25 allocated for the department's minority youth and family
38 26 projects under the redesign of the child welfare system.
38 27 21. Of the funds appropriated in this section, $281,217 is
38 28 allocated for funding of the state match for the federal
38 29 substance abuse and mental health services administration
38 30 (SAMHSA) system of care grant.
38 31 22. Of the funds appropriated in this section, $23,792 is
38 32 allocated for the public purpose of providing a grant to a
38 33 child welfare services provider headquartered in a county with
38 34 a population between 189,000 and 196,000 in the latest
38 35 preceding certified federal census that provides multiple
39 1 services including but not limited to a psychiatric medical
39 2 institution for children, shelter, residential treatment,
39 3 after school programs, school=based programming, and an
39 4 Asperger's syndrome program, to be used for support services
39 5 for children with autism spectrum disorder and their families.
39 6 23. Of the funds appropriated in this section, $125,000 is
39 7 allocated for continuation of the contracts for the
39 8 multidimensional treatment level foster care program
39 9 established pursuant to 2006 Iowa Acts, chapter 1123, for an
39 10 additional year. The contractor shall provide a 25 percent
39 11 match to receive the funds and shall submit a report on the
39 12 program to the persons designated by this division of this Act
39 13 for submission of reports.
39 14 Sec. 17. The department of human services shall work
39 15 jointly with the juvenile court and juvenile court services in
39 16 studying the provision of child abuse information to juvenile
39 17 court services concerning children under the supervision of
39 18 juvenile court services, barriers to timely provision of the
39 19 information, and how the provision of the information can be
39 20 improved. A final report with findings and recommendations
39 21 shall be submitted to the governor, supreme court, and general
39 22 assembly, on or before December 15, 2009.
39 23 Sec. 18. ADOPTION SUBSIDY.
39 24 1. There is appropriated from the general fund of the
39 25 state to the department of human services for the fiscal year
39 26 beginning July 1, 2009, and ending June 30, 2010, the
39 27 following amount, or so much thereof as is necessary, to be
39 28 used for the purpose designated:
39 29 For adoption subsidy payments and services:
39 30 .................................................. $ 34,883,674
39 31 2. The department may transfer funds appropriated in this
39 32 section to the appropriation made in this Act for general
39 33 administration for costs paid from the appropriation relating
39 34 to adoption subsidy.
39 35 3. Except for federal funds provided by the federal
40 1 American Recovery and Reinvestment Act of 2009, federal funds
40 2 received by the state during the fiscal year beginning July 1,
40 3 2009, as the result of the expenditure of state funds during a
40 4 previous state fiscal year for a service or activity funded
40 5 under this section are appropriated to the department to be
40 6 used as additional funding for the services and activities
40 7 funded under this section. Notwithstanding section 8.33,
40 8 moneys received in accordance with this subsection that remain
40 9 unencumbered or unobligated at the close of the fiscal year
40 10 shall not revert to any fund but shall remain available for
40 11 expenditure for the purposes designated until the close of the
40 12 succeeding fiscal year.
40 13 4. The department shall review the potential outcomes of
40 14 instituting a policy of suspending all or a portion of
40 15 adoption subsidy payments during a period that a child for
40 16 whom payments are provided is placed by the court in a
40 17 placement other than the adoptive family. The department
40 18 shall report on the review on or before December 15, 2009,
40 19 providing findings and recommendations, to the persons
40 20 designated by this division of this Act for submission of
40 21 reports.
40 22 Sec. 19. JUVENILE DETENTION HOME FUND. Moneys deposited
40 23 in the juvenile detention home fund created in section 232.142
40 24 during the fiscal year beginning July 1, 2009, and ending June
40 25 30, 2010, are appropriated to the department of human services
40 26 for the fiscal year beginning July 1, 2009, and ending June
40 27 30, 2010, for distribution of an amount equal to a percentage
40 28 of the costs of the establishment, improvement, operation, and
40 29 maintenance of county or multicounty juvenile detention homes
40 30 in the fiscal year beginning July 1, 2008. Moneys
40 31 appropriated for distribution in accordance with this section
40 32 shall be allocated among eligible detention homes, prorated on
40 33 the basis of an eligible detention home's proportion of the
40 34 costs of all eligible detention homes in the fiscal year
40 35 beginning July 1, 2008. The percentage figure shall be
41 1 determined by the department based on the amount available for
41 2 distribution for the fund. Notwithstanding section 232.142,
41 3 subsection 3, the financial aid payable by the state under
41 4 that provision for the fiscal year beginning July 1, 2009,
41 5 shall be limited to the amount appropriated for the purposes
41 6 of this section.
41 7 Sec. 20. FAMILY SUPPORT SUBSIDY PROGRAM.
41 8 1. There is appropriated from the general fund of the
41 9 state to the department of human services for the fiscal year
41 10 beginning July 1, 2009, and ending June 30, 2010, the
41 11 following amount, or so much thereof as is necessary, to be
41 12 used for the purpose designated:
41 13 For the family support subsidy program:
41 14 .................................................. $ 1,697,137
41 15 2. The department shall use at least $385,475 of the
41 16 moneys appropriated in this section for the family support
41 17 center component of the comprehensive family support program
41 18 under section 225C.47. Not more than $25,000 of the amount
41 19 allocated in this subsection shall be used for administrative
41 20 costs.
41 21 Sec. 21. CONNER DECREE. There is appropriated from the
41 22 general fund of the state to the department of human services
41 23 for the fiscal year beginning July 1, 2009, and ending June
41 24 30, 2010, the following amount, or so much thereof as is
41 25 necessary, to be used for the purpose designated:
41 26 For building community capacity through the coordination
41 27 and provision of training opportunities in accordance with the
41 28 consent decree of Conner v. Branstad, No. 4=86=CV=30871(S.D.
41 29 Iowa, July 14, 1994):
41 30 .................................................. $ 37,358
41 31 Sec. 22. MENTAL HEALTH INSTITUTES.
41 32 1. There is appropriated from the general fund of the
41 33 state to the department of human services for the fiscal year
41 34 beginning July 1, 2009, and ending June 30, 2010, the
41 35 following amounts, or so much thereof as is necessary, to be
42 1 used for the purposes designated:
42 2 a. For the state mental health institute at Cherokee for
42 3 salaries, support, maintenance, and miscellaneous purposes,
42 4 and for not more than the following full=time equivalent
42 5 positions:
42 6 .................................................. $ 5,436,076
42 7 ............................................... FTEs 205.00
42 8 b. For the state mental health institute at Clarinda for
42 9 salaries, support, maintenance, and miscellaneous purposes,
42 10 and for not more than the following full=time equivalent
42 11 positions:
42 12 .................................................. $ 6,227,335
42 13 ............................................... FTEs 114.95
42 14 c. For the state mental health institute at Independence
42 15 for salaries, support, maintenance, and miscellaneous
42 16 purposes, and for not more than the following full=time
42 17 equivalent positions:
42 18 .................................................. $ 9,503,567
42 19 ............................................... FTEs 287.85
42 20 d. For the state mental health institute at Mount Pleasant
42 21 for salaries, support, maintenance, and miscellaneous
42 22 purposes, and for not more than the following full=time
42 23 equivalent positions:
42 24 .................................................. $ 1,795,552
42 25 ............................................... FTEs 116.44
42 26 2. The department shall submit a proposal for closing one
42 27 state mental health institute and consolidating the services
42 28 provided at the other state mental health institutes. The
42 29 proposal shall provide for maintaining the existing levels of
42 30 beds and services after the consolidation. The proposal shall
42 31 be submitted to the persons designated by this division of
42 32 this Act for submission of reports on or before December 15,
42 33 2009.
42 34 3. The department shall staff a task force appointed by
42 35 the governor consisting of knowledgeable citizens to perform
43 1 an in=depth review of the four state mental health institutes,
43 2 services provided, public benefits of the services provided,
43 3 economic effects connected to the presence of the institutes
43 4 that are realized by the communities in the areas served and
43 5 the families of personnel, and other public costs and benefits
43 6 associated with the presence and availability of the four
43 7 institutes. The task force shall submit a report providing
43 8 findings and recommendations to the governor and general
43 9 assembly on or before December 15, 2009.
43 10 Sec. 23. STATE RESOURCE CENTERS.
43 11 1. There is appropriated from the general fund of the
43 12 state to the department of human services for the fiscal year
43 13 beginning July 1, 2009, and ending June 30, 2010, the
43 14 following amounts, or so much thereof as is necessary, to be
43 15 used for the purposes designated:
43 16 a. For the state resource center at Glenwood for salaries,
43 17 support, maintenance, and miscellaneous purposes:
43 18 .................................................. $ 17,620,487
43 19 b. For the state resource center at Woodward for salaries,
43 20 support, maintenance, and miscellaneous purposes:
43 21 .................................................. $ 10,929,200
43 22 2. The department may continue to bill for state resource
43 23 center services utilizing a scope of services approach used
43 24 for private providers of ICFMR services, in a manner which
43 25 does not shift costs between the medical assistance program,
43 26 counties, or other sources of funding for the state resource
43 27 centers.
43 28 3. The state resource centers may expand the time=limited
43 29 assessment and respite services during the fiscal year.
43 30 4. If the department's administration and the department
43 31 of management concur with a finding by a state resource
43 32 center's superintendent that projected revenues can reasonably
43 33 be expected to pay the salary and support costs for a new
43 34 employee position, or that such costs for adding a particular
43 35 number of new positions for the fiscal year would be less than
44 1 the overtime costs if new positions would not be added, the
44 2 superintendent may add the new position or positions. If the
44 3 vacant positions available to a resource center do not include
44 4 the position classification desired to be filled, the state
44 5 resource center's superintendent may reclassify any vacant
44 6 position as necessary to fill the desired position. The
44 7 superintendents of the state resource centers may, by mutual
44 8 agreement, pool vacant positions and position classifications
44 9 during the course of the fiscal year in order to assist one
44 10 another in filling necessary positions.
44 11 5. If existing capacity limitations are reached in
44 12 operating units, a waiting list is in effect for a service or
44 13 a special need for which a payment source or other funding is
44 14 available for the service or to address the special need, and
44 15 facilities for the service or to address the special need can
44 16 be provided within the available payment source or other
44 17 funding, the superintendent of a state resource center may
44 18 authorize opening not more than two units or other facilities
44 19 and begin implementing the service or addressing the special
44 20 need during fiscal year 2009=2010.
44 21 6. The superintendents of the state resource centers shall
44 22 report to the persons designated by this division of this Act
44 23 for submission of reports at least quarterly concerning the
44 24 use of the authorization in this section for adding new
44 25 positions, reclassifying positions, pooling vacant positions,
44 26 opening units or other facilities, and implementing services
44 27 or addressing special needs.
44 28 Sec. 24. MI/MR/DD STATE CASES.
44 29 1. There is appropriated from the general fund of the
44 30 state to the department of human services for the fiscal year
44 31 beginning July 1, 2009, and ending June 30, 2010, the
44 32 following amount, or so much thereof as is necessary, to be
44 33 used for the purpose designated:
44 34 For distribution to counties for state case services for
44 35 persons with mental illness, mental retardation, and
45 1 developmental disabilities in accordance with section 331.440:
45 2 .................................................. $ 11,446,288
45 3 2. For the fiscal year beginning July 1, 2009, and ending
45 4 June 30, 2010, $200,000 is allocated for state case services
45 5 from the amounts appropriated from the fund created in section
45 6 8.41 to the department of human services from the funds
45 7 received from the federal government under 42 U.S.C., ch. 6A,
45 8 subch. XVII, relating to the community mental health center
45 9 block grant, for the federal fiscal years beginning October 1,
45 10 2007, and ending September 30, 2008, beginning October 1,
45 11 2008, and ending September 30, 2009, and beginning October 1,
45 12 2009, and ending September 30, 2010. The allocation made in
45 13 this subsection shall be made prior to any other distribution
45 14 allocation of the appropriated federal funds.
45 15 3. For the fiscal year beginning July 1, 2009, to the
45 16 extent the appropriation made in this section and other
45 17 funding provided for state case services and other support, as
45 18 defined in section 331.440, and the other funding available in
45 19 the county's services fund under section 331.424A are
45 20 insufficient to pay the costs of such services and other
45 21 support, a county of residence may implement a waiting list or
45 22 other measures to maintain expenditures within the available
45 23 funding.
45 24 4. Notwithstanding section 8.33, moneys appropriated in
45 25 this section that remain unencumbered or unobligated at the
45 26 close of the fiscal year shall not revert but shall remain
45 27 available for expenditure for the purposes designated until
45 28 the close of the succeeding fiscal year.
45 29 Sec. 25. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ==
45 30 COMMUNITY SERVICES FUND. There is appropriated from the
45 31 general fund of the state to the mental health and
45 32 developmental disabilities community services fund created in
45 33 section 225C.7 for the fiscal year beginning July 1, 2009, and
45 34 ending June 30, 2010, the following amount, or so much thereof
45 35 as is necessary, to be used for the purpose designated:
46 1 For mental health and developmental disabilities community
46 2 services in accordance with this division of this Act:
46 3 ................................................. $ 15,790,111
46 4 1. Of the funds appropriated in this section, $15,763,951
46 5 shall be allocated to counties for funding of community=based
46 6 mental health and developmental disabilities services. The
46 7 moneys shall be allocated to a county as follows:
46 8 a. Fifty percent based upon the county's proportion of the
46 9 state's population of persons with an annual income which is
46 10 equal to or less than the poverty guideline established by the
46 11 federal office of management and budget.
46 12 b. Fifty percent based upon the county's proportion of the
46 13 state's general population.
46 14 2. a. A county shall utilize the funding the county
46 15 receives pursuant to subsection 1 for services provided to
46 16 persons with a disability, as defined in section 225C.2.
46 17 However, no more than 50 percent of the funding shall be used
46 18 for services provided to any one of the service populations.
46 19 b. A county shall use at least 50 percent of the funding
46 20 the county receives under subsection 1 for contemporary
46 21 services provided to persons with a disability, as described
46 22 in rules adopted by the department.
46 23 3. Of the funds appropriated in this section, $26,160
46 24 shall be used to support the Iowa compass program providing
46 25 computerized information and referral services for Iowans with
46 26 disabilities and their families.
46 27 4. a. Funding appropriated for purposes of the federal
46 28 social services block grant is allocated for distribution to
46 29 counties for local purchase of services for persons with
46 30 mental illness or mental retardation or other developmental
46 31 disability.
46 32 b. The funds allocated in this subsection shall be
46 33 expended by counties in accordance with the county's approved
46 34 county management plan. A county without an approved county
46 35 management plan shall not receive allocated funds until the
47 1 county's management plan is approved.
47 2 c. The funds provided by this subsection shall be
47 3 allocated to each county as follows:
47 4 (1) Fifty percent based upon the county's proportion of
47 5 the state's population of persons with an annual income which
47 6 is equal to or less than the poverty guideline established by
47 7 the federal office of management and budget.
47 8 (2) Fifty percent based upon the amount provided to the
47 9 county for local purchase of services in the preceding fiscal
47 10 year.
47 11 5. A county is eligible for funds under this section if
47 12 the county qualifies for a state payment as described in
47 13 section 331.439.
47 14 6. The most recent population estimates issued by the
47 15 United States bureau of the census shall be applied for the
47 16 population factors utilized in this section.
47 17 Sec. 26. SEXUALLY VIOLENT PREDATORS.
47 18 1. There is appropriated from the general fund of the
47 19 state to the department of human services for the fiscal year
47 20 beginning July 1, 2009, and ending June 30, 2010, the
47 21 following amount, or so much thereof as is necessary, to be
47 22 used for the purpose designated:
47 23 For costs associated with the commitment and treatment of
47 24 sexually violent predators in the unit located at the state
47 25 mental health institute at Cherokee, including costs of legal
47 26 services and other associated costs, including salaries,
47 27 support, maintenance, and miscellaneous purposes, and for not
47 28 more than the following full=time equivalent positions:
47 29 .................................................. $ 6,860,204
47 30 ............................................... FTEs 105.50
47 31 2. Unless specifically prohibited by law, if the amount
47 32 charged provides for recoupment of at least the entire amount
47 33 of direct and indirect costs, the department of human services
47 34 may contract with other states to provide care and treatment
47 35 of persons placed by the other states at the unit for sexually
48 1 violent predators at Cherokee. The moneys received under such
48 2 a contract shall be considered to be repayment receipts and
48 3 used for the purposes of the appropriation made in this
48 4 section.
48 5 Sec. 27. FIELD OPERATIONS. There is appropriated from the
48 6 general fund of the state to the department of human services
48 7 for the fiscal year beginning July 1, 2009, and ending June
48 8 30, 2010, the following amount, or so much thereof as is
48 9 necessary, to be used for the purposes designated:
48 10 For field operations, including salaries, support,
48 11 maintenance, and miscellaneous purposes, and for not more than
48 12 the following full=time equivalent positions:
48 13 .................................................. $ 63,032,831
48 14 ............................................... FTEs 2,000.13
48 15 Priority in filling full=time equivalent positions shall be
48 16 given to those positions related to child protection services
48 17 and eligibility determination for low=income families.
48 18 Sec. 28. GENERAL ADMINISTRATION. There is appropriated
48 19 from the general fund of the state to the department of human
48 20 services for the fiscal year beginning July 1, 2009, and
48 21 ending June 30, 2010, the following amount, or so much thereof
48 22 as is necessary, to be used for the purpose designated:
48 23 For general administration, including salaries, support,
48 24 maintenance, and miscellaneous purposes, and for not more than
48 25 the following full=time equivalent positions:
48 26 .................................................. $ 15,252,523
48 27 ............................................... FTEs 354.33
48 28 1. Of the funds appropriated in this section, $48,556 is
48 29 allocated for the prevention of disabilities policy council
48 30 established in section 225B.3.
48 31 2. The department shall report at least monthly to the
48 32 legislative services agency concerning the department's
48 33 operational and program expenditures.
48 34 3. Notwithstanding provisions to the contrary in chapter
48 35 217, if necessary to address funding reductions in general
49 1 administration and field operations, the department may
49 2 propose and implement reorganization of the departmental
49 3 administration and field operations during the fiscal year
49 4 beginning July 1, 2009. At least 30 calendar days prior to
49 5 implementation of any reorganization, the department shall
49 6 submit a detailed proposal for the reorganization to the
49 7 chairpersons and ranking members of the joint appropriations
49 8 subcommittee on health and human services, the department of
49 9 management, and the persons designated by this division of
49 10 this Act for submission of reports, to provide an opportunity
49 11 for review, and comment, and possible revision of the
49 12 proposal.
49 13 4. The department shall adopt rules pursuant to chapter
49 14 17A establishing standards for childrens centers under section
49 15 237B.1, as amended by this Act.
49 16 Sec. 29. VOLUNTEERS. There is appropriated from the
49 17 general fund of the state to the department of human services
49 18 for the fiscal year beginning July 1, 2009, and ending June
49 19 30, 2010, the following amount, or so much thereof as is
49 20 necessary, to be used for the purpose designated:
49 21 For development and coordination of volunteer services:
49 22 .................................................. $ 94,067
49 23 Sec. 30. FAMILY PLANNING SERVICES. There is appropriated
49 24 from the general fund of the state to the department of human
49 25 services for the fiscal year beginning July 1, 2009, and
49 26 ending June 30, 2010, the following amount or so much thereof
49 27 as is necessary, to be used for the purpose designated:
49 28 For family planning services to individuals with incomes
49 29 not to exceed 200 percent of the federal poverty level as
49 30 defined by the most recently revised income guidelines
49 31 published by the United States department of health and human
49 32 services, who are not currently receiving the specific benefit
49 33 under the medical assistance program:
49 34 .................................................. $ 10,000
49 35 Moneys appropriated under this section shall not be used to
50 1 provide abortions. The department shall work with appropriate
50 2 stakeholders to implement and administer the program.
50 3 Sec. 31. PREGNANCY COUNSELING AND SUPPORT SERVICES PROGRAM
50 4 == APPROPRIATION. There is appropriated from the general fund
50 5 of the state to the department of human services for the
50 6 fiscal year beginning July 1, 2009, and ending June 30, 2010,
50 7 the following amount or so much thereof as is necessary for
50 8 the purpose designated:
50 9 For a pregnancy counseling and support services program as
50 10 specified in this section:
50 11 .................................................. $ 100,000
50 12 The department of human services shall continue the
50 13 pregnancy counseling and support services program to provide
50 14 core services consisting of information, education,
50 15 counseling, and support services to women who experience
50 16 unplanned pregnancies by supporting childbirth, assisting
50 17 pregnant women in remaining healthy and maintaining a healthy
50 18 pregnancy while deciding whether to keep the child or place
50 19 the child for adoption, and assisting women after the birth of
50 20 a child that was implemented pursuant to 2008 Iowa Acts,
50 21 chapter 1187, section 30.
50 22 Sec. 32. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
50 23 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
50 24 DEPARTMENT OF HUMAN SERVICES.
50 25 1. a. (1) For the fiscal year beginning July 1, 2009,
50 26 the total state funding amount for the nursing facility budget
50 27 shall not exceed $146,803,575.
50 28 (2) For the fiscal year beginning July 1, 2009, the
50 29 department shall rebase case=mix nursing facility rates.
50 30 However, total nursing facility budget expenditures, including
50 31 both case=mix and noncase=mix shall not exceed the amount
50 32 specified in subparagraph (1). When calculating case=mix per
50 33 diem cost and the patient=day=weighted medians used in
50 34 rate=setting for nursing facilities effective July 1, 2009,
50 35 the inflation factor applied from the midpoint of the cost
51 1 report period to the first day of the state fiscal year rate
51 2 period shall be adjusted to maintain state funding within the
51 3 amount specified in subparagraph (1).
51 4 (3) The department, in cooperation with nursing facility
51 5 representatives, shall review projections for state funding
51 6 expenditures for reimbursement of nursing facilities on a
51 7 quarterly basis and the department shall determine if an
51 8 adjustment to the medical assistance reimbursement rate is
51 9 necessary in order to provide reimbursement within the state
51 10 funding amount. Any temporary enhanced federal financial
51 11 participation that may become available to the Iowa medical
51 12 assistance program during the fiscal year shall not be used in
51 13 projecting the nursing facility budget. Notwithstanding 2001
51 14 Iowa Acts, chapter 192, section 4, subsection 2, paragraph
51 15 "c", and subsection 3, paragraph "a", subparagraph (2), if the
51 16 state funding expenditures for the nursing facility budget for
51 17 the fiscal year beginning July 1, 2009, are projected to
51 18 exceed the amount specified in subparagraph (1), the
51 19 department shall adjust the reimbursement for nursing
51 20 facilities reimbursed under the case=mix reimbursement system
51 21 to maintain expenditures of the nursing facility budget within
51 22 the specified amount. The department shall revise such
51 23 reimbursement as necessary to adjust the annual accountability
51 24 measures payment in accordance with 2001 Iowa Acts, chapter
51 25 192, section 4, subsection 4, as amended by 2008 Iowa Acts,
51 26 chapter 1187, section 33, and as amended by this Act.
51 27 b. For the fiscal year beginning July 1, 2009, the
51 28 department shall reimburse pharmacy dispensing fees using a
51 29 single rate of $4.57 per prescription or the pharmacy's usual
51 30 and customary fee, whichever is lower.
51 31 c. (1) For the fiscal year beginning July 1, 2009,
51 32 reimbursement rates for outpatient hospital services shall
51 33 remain at the rates in effect on June 30, 2009.
51 34 (2) For the fiscal year beginning July 1, 2009,
51 35 reimbursement rates for inpatient hospital services in effect
52 1 on June 30, 2009, shall be reduced by 2.3 percent.
52 2 (3) For the fiscal year beginning July 1, 2009, the
52 3 graduate medical education and disproportionate share hospital
52 4 fund shall remain at the amount in effect on June 30, 2009.
52 5 (4) In order to ensure the efficient use of limited state
52 6 funds in procuring health care services for low=income Iowans,
52 7 funds appropriated in this Act for hospital services shall not
52 8 be used for activities which would be excluded from a
52 9 determination of reasonable costs under the federal Medicare
52 10 program pursuant to 42 U.S.C. } 1395X(v)(1)(N).
52 11 d. For the fiscal year beginning July 1, 2009,
52 12 reimbursement rates for rural health clinics, hospices,
52 13 independent laboratories, rehabilitation agencies, and acute
52 14 mental hospitals shall be increased in accordance with
52 15 increases under the federal Medicare program or as supported
52 16 by their Medicare audited costs.
52 17 e. For the fiscal year beginning July 1, 2009,
52 18 reimbursement rates for home health agencies shall remain at
52 19 the rates in effect on June 30, 2009, not to exceed a home
52 20 health agency's actual allowable cost.
52 21 f. For the fiscal year beginning July 1, 2009, federally
52 22 qualified health centers shall receive cost=based
52 23 reimbursement for 100 percent of the reasonable costs for the
52 24 provision of services to recipients of medical assistance.
52 25 g. For the fiscal year beginning July 1, 2009, the
52 26 reimbursement rates for dental services shall remain at the
52 27 rates in effect on June 30, 2009.
52 28 h. Unless legislation is enacted by the Eighty=third
52 29 General Assembly, 2009 Session, adjusting such rates, for the
52 30 fiscal year beginning July 1, 2009, the maximum reimbursement
52 31 rate for psychiatric medical institutions for children shall
52 32 be $167.19 per day.
52 33 i. For the fiscal year beginning July 1, 2009, unless
52 34 otherwise specified in this Act, all noninstitutional medical
52 35 assistance provider reimbursement rates shall remain at the
53 1 rates in effect on June 30, 2009, except for area education
53 2 agencies, local education agencies, infant and toddler
53 3 services providers, and those providers whose rates are
53 4 required to be determined pursuant to section 249A.20.
53 5 j. Notwithstanding any provision to the contrary, for the
53 6 fiscal year beginning July 1, 2009, the reimbursement rate for
53 7 anesthesiologists shall remain at the rate in effect on June
53 8 30, 2009.
53 9 k. Notwithstanding section 249A.20, for the fiscal year
53 10 beginning July 1, 2009, the average reimbursement rate for
53 11 health care providers eligible for use of the federal Medicare
53 12 resource=based relative value scale reimbursement methodology
53 13 under that section shall remain at the rate in effect on June
53 14 30, 2009; however, this rate shall not exceed the maximum
53 15 level authorized by the federal government.
53 16 l. For the fiscal year beginning July 1, 2009, the
53 17 reimbursement rate for residential care facilities shall not
53 18 be less than the minimum payment level as established by the
53 19 federal government to meet the federally mandated maintenance
53 20 of effort requirement. The flat reimbursement rate for
53 21 facilities electing not to file semiannual cost reports shall
53 22 not be less than the minimum payment level as established by
53 23 the federal government to meet the federally mandated
53 24 maintenance of effort requirement.
53 25 m. For the fiscal year beginning July 1, 2009, inpatient
53 26 mental health services provided at hospitals shall be
53 27 reimbursed at the cost of the services, subject to Medicaid
53 28 program upper payment limit rules; community mental health
53 29 centers and providers of mental health services to county
53 30 residents pursuant to a waiver approved under section 225C.7,
53 31 subsection 3, shall be reimbursed at 100 percent of the
53 32 reasonable costs for the provision of services to recipients
53 33 of medical assistance; and psychiatrists shall be reimbursed
53 34 at the medical assistance program fee for service rate.
53 35 n. For the fiscal year beginning July 1, 2009, the
54 1 reimbursement rate for consumer=directed attendant care shall
54 2 remain at the rates in effect on June 30, 2009.
54 3 o. For the fiscal year beginning July 1, 2009, the
54 4 reimbursement rate for providers of family planning services
54 5 that are eligible to receive a 90 percent federal match shall
54 6 be increased by 5 percent above the rates in effect on June
54 7 30, 2009.
54 8 2. For the fiscal year beginning July 1, 2009, the
54 9 reimbursement rate for providers reimbursed under the in=
54 10 home=related care program shall not be less than the minimum
54 11 payment level as established by the federal government to meet
54 12 the federally mandated maintenance of effort requirement.
54 13 3. Unless otherwise directed in this section, when the
54 14 department's reimbursement methodology for any provider
54 15 reimbursed in accordance with this section includes an
54 16 inflation factor, this factor shall not exceed the amount by
54 17 which the consumer price index for all urban consumers
54 18 increased during the calendar year ending December 31, 2002.
54 19 4. For the fiscal year beginning July 1, 2009,
54 20 notwithstanding section 234.38, the foster family basic daily
54 21 maintenance rate, the maximum adoption subsidy rate, and the
54 22 maximum supervised apartment living foster care rate, and the
54 23 preparation for adult living program maintenance rate for
54 24 children ages 0 through 5 years shall be $16.36, the rate for
54 25 children ages 6 through 11 years shall be $17.01, the rate for
54 26 children ages 12 through 15 years shall be $18.62, and the
54 27 rate for children and young adults ages 16 and older shall be
54 28 $18.87.
54 29 5. For the fiscal year beginning July 1, 2009, the maximum
54 30 reimbursement rates for social services providers reimbursed
54 31 under a purchase of social services contract shall remain at
54 32 the rates in effect on June 30, 2009, or the provider's actual
54 33 and allowable cost plus inflation for each service, whichever
54 34 is less. However, the rates may be adjusted under any of the
54 35 following circumstances:
55 1 a. If a new service was added after June 30, 2009, the
55 2 initial reimbursement rate for the service shall be based upon
55 3 actual and allowable costs.
55 4 b. If a social service provider loses a source of income
55 5 used to determine the reimbursement rate for the provider, the
55 6 provider's reimbursement rate may be adjusted to reflect the
55 7 loss of income, provided that the lost income was used to
55 8 support actual and allowable costs of a service purchased
55 9 under a purchase of service contract.
55 10 6. For the fiscal year beginning July 1, 2009, the
55 11 reimbursement rates for family=centered service providers,
55 12 family foster care service providers, group foster care
55 13 service providers, and the resource family recruitment and
55 14 retention contractor shall remain at the rates in effect on
55 15 June 30, 2009.
55 16 7. The group foster care reimbursement rates paid for
55 17 placement of children out of state shall be calculated
55 18 according to the same rate=setting principles as those used
55 19 for in=state providers, unless the director of human services
55 20 or the director's designee determines that appropriate care
55 21 cannot be provided within the state. The payment of the daily
55 22 rate shall be based on the number of days in the calendar
55 23 month in which service is provided.
55 24 8. For the fiscal year beginning July 1, 2009, remedial
55 25 service providers shall receive the same level of
55 26 reimbursement under the same methodology in effect on June 30,
55 27 2009.
55 28 9. a. For the fiscal year beginning July 1, 2009, the
55 29 combined service and maintenance components of the
55 30 reimbursement rate paid for shelter care services and
55 31 alternative child welfare emergency services purchased under a
55 32 contract shall be based on the financial and statistical
55 33 report submitted to the department. The maximum reimbursement
55 34 rate shall be $92.36 per day. The department shall reimburse
55 35 a shelter care provider at the provider's actual and allowable
56 1 unit cost, plus inflation, not to exceed the maximum
56 2 reimbursement rate.
56 3 b. Notwithstanding section 232.141, subsection 8, for the
56 4 fiscal year beginning July 1, 2009, the amount of the
56 5 statewide average of the actual and allowable rates for
56 6 reimbursement of juvenile shelter care homes that is utilized
56 7 for the limitation on recovery of unpaid costs shall remain at
56 8 the amount in effect for this purpose in the preceding fiscal
56 9 year.
56 10 10. For the fiscal year beginning July 1, 2009, the
56 11 department shall calculate reimbursement rates for
56 12 intermediate care facilities for persons with mental
56 13 retardation at the 80th percentile. For the fiscal year
56 14 beginning July 1, 2009, notwithstanding any provision to the
56 15 contrary, the rate calculation methodology shall utilize a 3
56 16 percent consumer price index inflation factor. However,
56 17 beginning July 1, 2010, the rate calculation methodology shall
56 18 utilize the consumer price index inflation factor applicable
56 19 to the fiscal year beginning July 1, 2010.
56 20 11. For the fiscal year beginning July 1, 2009, for child
56 21 care providers reimbursed under the state child care
56 22 assistance program, the department shall set provider
56 23 reimbursement rates based on the rate reimbursement survey
56 24 completed in December 2004. Effective July 1, 2009, the child
56 25 care provider reimbursement rates shall remain at the rates in
56 26 effect on June 30, 2009. The department shall set rates in a
56 27 manner so as to provide incentives for a nonregistered
56 28 provider to become registered by applying the increase only to
56 29 registered and licensed providers.
56 30 12. For the fiscal year beginning July 1, 2009,
56 31 reimbursements for providers reimbursed by the department of
56 32 human services may be modified if appropriated funding is
56 33 allocated for that purpose from the senior living trust fund
56 34 created in section 249H.4.
56 35 13. The department may adopt emergency rules to implement
57 1 this section.
57 2 Sec. 33. 2001 Iowa Acts, chapter 192, section 4,
57 3 subsection 4, as amended by 2008 Iowa Acts, chapter 1187,
57 4 section 33, is amended by striking the subsection, and
57 5 inserting in lieu thereof the following:
57 6 4. NURSING FACILITY PAY=FOR=PERFORMANCE.
57 7 a. It is the intent of the general assembly that the
57 8 department of human services initiate a system to recognize
57 9 nursing facilities that provide quality of life and
57 10 appropriate access to medical assistance program beneficiaries
57 11 in a cost=effective manner.
57 12 b. The department shall design and implement a program to
57 13 establish benchmarks and to collect data for these benchmarks
57 14 to evaluate nursing facility performance and to adjust the
57 15 program and benchmarks, accordingly, to recognize improvement.
57 16 The program shall include procedures to provide a
57 17 pay=for=performance payment based upon a nursing facility's
57 18 achievement of multiple favorable outcomes as determined by
57 19 these benchmarks. Any increased reimbursement shall not
57 20 exceed 5 percent of the sum of the direct and nondirect care
57 21 medians. The increased reimbursement shall be included in the
57 22 calculation of nursing facility modified price=based payment
57 23 rates with the exception of Medicare=certified hospital=based
57 24 nursing facilities, state=operated nursing facilities, and
57 25 special population nursing facilities. The increased
57 26 reimbursement shall be applicable to the payment periods
57 27 beginning July 1, 2009.
57 28 c. It is the intent of the general assembly that any
57 29 pay=for=performance payments to nursing facilities be used to
57 30 support direct care staff through increased wages, enhanced
57 31 benefits, and expanded training opportunities and that all
57 32 pay=for=performance payments be used in a manner that improves
57 33 and enhances quality of care for residents.
57 34 d. The program shall include various levels of compliance
57 35 in order for a nursing facility to be considered eligible for
58 1 a pay=for=performance payment including:
58 2 (1) The initial meeting of prerequisites including all of
58 3 the following:
58 4 (a) A nursing facility shall not be eligible to
58 5 participate if during the payment period the nursing facility
58 6 receives a deficiency resulting in actual harm or immediate
58 7 jeopardy, pursuant to the federal certification guidelines at
58 8 an H level scope and severity or higher, regardless of the
58 9 amount of fines assessed.
58 10 (b) The pay=for=performance payment component shall be
58 11 suspended for any month the nursing facility is in denial of
58 12 payment for new admissions status.
58 13 (2) Monitoring for nursing facility compliance with
58 14 program requirements including:
58 15 (a) Survey compliance during the payment period. If a
58 16 nursing facility receives a deficiency resulting in actual
58 17 harm pursuant to the federal certification guidelines at a G
58 18 level scope and severity or higher, the payment shall be
58 19 reduced by 25 percent for each such deficiency received during
58 20 the state fiscal year. Additionally, if the nursing facility
58 21 fails to cure any deficiency cited within the time required by
58 22 the department of inspections and appeals, the payment shall
58 23 be forfeited and the nursing facility shall not receive any
58 24 payment for that payment period.
58 25 (b) Compliance with the use of the pay=for=performance
58 26 payment received.
58 27 (c) Establishing and utilizing a tracking and reporting
58 28 system to document the use of the pay=for=performance payments
58 29 by the nursing facility.
58 30 (3) Use of measures based on the four domains of quality
58 31 of life, quality of care, access, and efficiency.
58 32 e. (1) The department shall utilize cost reports or other
58 33 means to document nursing facility eligibility for and
58 34 compliance with the pay=for=performance payments.
58 35 (2) The department shall publish the results of the
59 1 measures for which a nursing facility qualifies and the amount
59 2 of any pay=for=performance payment received. The department
59 3 shall also publish information regarding the use of the
59 4 pay=for=performance payments by any nursing facility receiving
59 5 such payment.
59 6 f. The department may adopt emergency rules to implement
59 7 this subsection.
59 8 g. The department shall request any medical assistance
59 9 state plan amendment necessary to implement the
59 10 pay=for=performance payment methodology.
59 11 h. It is the intent of the general assembly that the
59 12 department of human services continue to convene the workgroup
59 13 established pursuant to 2008 Iowa Acts, chapter 1187, section
59 14 33, to develop recommendations to design a quality improvement
59 15 process for targeted nursing facilities for implementation in
59 16 the fiscal year beginning July 1, 2010. Recommendations shall
59 17 include a process that identifies the best practices used in
59 18 facilities receiving pay=for=performance payment and creates a
59 19 system to assist other nursing facilities in the
59 20 implementation of those best practices.
59 21 Sec. 34. EMERGENCY RULES.
59 22 1. If specifically authorized by a provision of this
59 23 division of this Act, the department of human services or the
59 24 mental health, mental retardation, developmental disabilities,
59 25 and brain injury commission may adopt administrative rules
59 26 under section 17A.4, subsection 2, and section 17A.5,
59 27 subsection 2, paragraph "b", to implement the provisions and
59 28 the rules shall become effective immediately upon filing or on
59 29 a later effective date specified in the rules, unless the
59 30 effective date is delayed by the administrative rules review
59 31 committee. Any rules adopted in accordance with this section
59 32 shall not take effect before the rules are reviewed by the
59 33 administrative rules review committee. The delay authority
59 34 provided to the administrative rules review committee under
59 35 section 17A.4, subsection 5, and section 17A.8, subsection 9,
60 1 shall be applicable to a delay imposed under this section,
60 2 notwithstanding a provision in those sections making them
60 3 inapplicable to section 17A.5, subsection 2, paragraph "b".
60 4 Any rules adopted in accordance with the provisions of this
60 5 section shall also be published as notice of intended action
60 6 as provided in section 17A.4.
60 7 2. If during the fiscal year beginning July 1, 2009, the
60 8 department of human services is adopting rules in accordance
60 9 with this section or as otherwise directed or authorized by
60 10 state law, and the rules will result in an expenditure
60 11 increase beyond the amount anticipated in the budget process
60 12 or if the expenditure was not addressed in the budget process
60 13 for the fiscal year, the department shall notify the persons
60 14 designated by this division of this Act for submission of
60 15 reports, the chairpersons and ranking members of the
60 16 committees on appropriations, and the department of management
60 17 concerning the rules and the expenditure increase. The
60 18 notification shall be provided at least 30 calendar days prior
60 19 to the date notice of the rules is submitted to the
60 20 administrative rules coordinator and the administrative code
60 21 editor.
60 22 Sec. 35. DEPARTMENTAL EFFICIENCIES == BUDGET REDUCTIONS.
60 23 The departments of elder affairs, public health, human
60 24 services, and veterans affairs shall develop a plan to
60 25 maximize efficiencies to reduce their respective FY 2009=2010
60 26 budgets by five percent beginning in FY 2010=2011. The
60 27 departments shall collaborate to the extent appropriate to
60 28 accomplish such reductions. The departments shall report
60 29 their plans for maximizing efficiencies and reducing their
60 30 budgets to the individuals specified in this Act to receive
60 31 reports by December 15, 2009.
60 32 Sec. 36. FULL=TIME EQUIVALENT POSITIONS == REDUCTIONS.
60 33 The director of the department or state agency to which
60 34 appropriations are made pursuant to this division of this Act,
60 35 in making any reductions in full=time equivalent positions,
61 1 shall, to the greatest extent possible, retain those positions
61 2 providing direct services to the public.
61 3 Sec. 37. EXPENSE REIMBURSEMENT == REQUIREMENTS.
61 4 Notwithstanding any provision to the contrary, for the fiscal
61 5 year beginning July 1, 2009, and ending June 30, 2010, the
61 6 director of a department or state agency to which
61 7 appropriations are made pursuant to the provisions of this Act
61 8 shall require employees, in order to receive reimbursement for
61 9 expense, to submit actual receipts for meals and other costs.
61 10 Reimbursement up to the maximum amount shall only be allowed
61 11 in an amount equal to the sum of the actual receipts
61 12 submitted.
61 13 Sec. 38. OUT=OF=STATE TRAVEL == RESTRICTIONS.
61 14 Notwithstanding any provision to the contrary, for the fiscal
61 15 year beginning July 1, 2009, and ending June 30, 2010,
61 16 out=of=state travel by an employee of a department or state
61 17 agency to which appropriations are made pursuant to this Act
61 18 shall not be authorized unless the executive council
61 19 authorizes the travel as necessary for the performance of
61 20 official state business.
61 21 Sec. 39. LEAN GOVERNMENT EXCHANGE. Beginning July 1,
61 22 2009, the department of human services shall participate in
61 23 the lean government exchange through consultation with the
61 24 department of management, office of lean enterprise, to
61 25 improve the speed and efficiency of departmental and program
61 26 processes by eliminating waste. The department shall
61 27 initially apply this methodology to general administration.
61 28 The department shall submit periodic progress reports
61 29 regarding such implementation to the persons designated by
61 30 this division of this Act for submission of reports.
61 31 Sec. 40. REPORTS. Any reports or information required to
61 32 be compiled and submitted under this Act shall be submitted to
61 33 the chairpersons and ranking members of the joint
61 34 appropriations subcommittee on health and human services, the
61 35 legislative services agency, and the legislative caucus staffs
62 1 on or before the dates specified for submission of the reports
62 2 or information.
62 3 Sec. 41. EFFECTIVE DATE. The following provisions of this
62 4 division of this Act, being deemed of immediate importance,
62 5 take effect upon enactment:
62 6 The provision under the appropriation for child and family
62 7 services, relating to requirements of section 232.143 for
62 8 representatives of the department of human services and
62 9 juvenile court services to establish a plan for continuing
62 10 group foster care expenditures for fiscal year 2009=2010.
62 11 DIVISION II
62 12 SENIOR LIVING TRUST FUND,
62 13 PHARMACEUTICAL SETTLEMENT ACCOUNT,
62 14 IOWACARE ACCOUNT, AND HEALTH CARE
62 15 TRANSFORMATION ACCOUNT
62 16 Sec. 42. DEPARTMENT OF ELDER AFFAIRS. There is
62 17 appropriated from the senior living trust fund created in
62 18 section 249H.4 to the department of elder affairs for the
62 19 fiscal year beginning July 1, 2009, and ending June 30, 2010,
62 20 the following amount, or so much thereof as is necessary, to
62 21 be used for the purpose designated:
62 22 For the development and implementation of a comprehensive
62 23 senior living program, including case management only if the
62 24 monthly cost per client for case management for the frail
62 25 elderly services provided does not exceed the amount specified
62 26 in this section, and including program administration and
62 27 costs associated with implementation:
62 28 .................................................. $ 8,486,698
62 29 1. a. Of the funds appropriated in this section,
62 30 $1,010,000 shall be transferred to the department of human
62 31 services in equal amounts on a quarterly basis for
62 32 reimbursement of case management services provided under the
62 33 medical assistance elderly waiver.
62 34 b. The monthly cost per client for case management for the
62 35 frail elderly services provided shall not exceed an average of
63 1 $70. However, if the department of human services adopts
63 2 administrative rules revising the reimbursement methodology to
63 3 include 15 minute units, 24=hour on=call, and other
63 4 requirements consistent with federal regulations, the $70
63 5 monthly cap shall be eliminated and replaced with a quarterly
63 6 projection of expenditures and reimbursement revisions
63 7 necessary to maintain expenditures within the amounts budgeted
63 8 under the appropriations made for the fiscal year for the
63 9 medical assistance program.
63 10 c. The department of human services shall review
63 11 projections for state funding expenditures for reimbursement
63 12 of case management services under the medical assistance
63 13 elderly waiver on a quarterly basis and shall determine if an
63 14 adjustment to the medical assistance reimbursement rates are
63 15 necessary to provide reimbursement within the state funding
63 16 amounts budgeted under the appropriations made for the fiscal
63 17 year for the medical assistance program. Any temporary
63 18 enhanced federal financial participation that may become
63 19 available for the medical assistance program during the fiscal
63 20 year shall not be used in projecting the medical assistance
63 21 elderly waiver case management budget. The department of
63 22 human services shall revise such reimbursement rates as
63 23 necessary to maintain expenditures for medical assistance
63 24 elderly waiver case management services within the state
63 25 funding amounts budgeted under the appropriations made for the
63 26 fiscal year for the medical assistance program.
63 27 2. Notwithstanding section 249H.7, the department of elder
63 28 affairs shall distribute funds appropriated in this section in
63 29 a manner that will supplement and maximize federal funds under
63 30 the federal Older Americans Act and shall not use the amount
63 31 distributed for any administrative purposes of either the
63 32 department of elder affairs or the area agencies on aging.
63 33 3. Of the funds appropriated in this section, $60,000
63 34 shall be used to provide dementia=specific education to direct
63 35 care workers and other providers of long=term care to enhance
64 1 existing or scheduled efforts through the Iowa caregivers
64 2 association, the Alzheimer's association, and other
64 3 organizations identified as appropriate by the department.
64 4 Sec. 43. DEPARTMENT OF INSPECTIONS AND APPEALS. There is
64 5 appropriated from the senior living trust fund created in
64 6 section 249H.4 to the department of inspections and appeals
64 7 for the fiscal year beginning July 1, 2009, and ending June
64 8 30, 2010, the following amount, or so much thereof as is
64 9 necessary, to be used for the purpose designated:
64 10 For the inspection and certification of assisted living
64 11 facilities and adult day care services, including program
64 12 administration and costs associated with implementation:
64 13 .................................................. $ 1,339,527
64 14 Sec. 44. IOWA FINANCE AUTHORITY. There is appropriated
64 15 from the senior living trust fund created in section 249H.4 to
64 16 the Iowa finance authority for the fiscal year beginning July
64 17 1, 2009, and ending June 30, 2010, the following amount, or so
64 18 much thereof as is necessary, to be used for the purposes
64 19 designated:
64 20 For the rent subsidy program, to provide reimbursement for
64 21 rent expenses to eligible persons:
64 22 .................................................. $ 700,000
64 23 Participation in the rent subsidy program shall be limited
64 24 to only those persons who meet the requirements for the
64 25 nursing facility level of care for home and community=based
64 26 services waiver services as in effect on July 1, 2009, and to
64 27 those individuals who are eligible for the federal money
64 28 follows the person grant program under the medical assistance
64 29 program. Of the funds appropriated in this section, not more
64 30 than $35,000 may be used for administrative costs.
64 31 Sec. 45. DEPARTMENT OF HUMAN SERVICES. Any funds
64 32 remaining in the senior living trust fund created in section
64 33 249H.4 following the appropriations from the senior living
64 34 trust fund made in this division of this Act to the department
64 35 of elder affairs, the department of inspections and appeals,
65 1 and the Iowa finance authority, for the fiscal year beginning
65 2 July 1, 2009, and ending June 30, 2010, are appropriated to
65 3 the department of human services to supplement the medical
65 4 assistance program appropriations made in this Act, including
65 5 program administration and costs associated with
65 6 implementation. In order to carry out the purposes of this
65 7 section, the department may transfer funds appropriated in
65 8 this section to supplement other appropriations made to the
65 9 department of human services.
65 10 Sec. 46. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is
65 11 appropriated from the pharmaceutical settlement account
65 12 created in section 249A.33 to the department of human services
65 13 for the fiscal year beginning July 1, 2009, and ending June
65 14 30, 2010, the following amount, or so much thereof as is
65 15 necessary, to be used for the purpose designated:
65 16 To supplement the appropriations made for medical contracts
65 17 under the medical assistance program:
65 18 .................................................. $ 1,323,833
65 19 Sec. 47. APPROPRIATIONS FROM IOWACARE ACCOUNT.
65 20 1. There is appropriated from the IowaCare account created
65 21 in section 249J.24 to the state board of regents for
65 22 distribution to the university of Iowa hospitals and clinics
65 23 for the fiscal year beginning July 1, 2009, and ending June
65 24 30, 2010, the following amount, or so much thereof as is
65 25 necessary, to be used for the purposes designated:
65 26 For salaries, support, maintenance, equipment, and
65 27 miscellaneous purposes, for the provision of medical and
65 28 surgical treatment of indigent patients, for provision of
65 29 services to members of the expansion population pursuant to
65 30 chapter 249J, and for medical education:
65 31 .................................................. $ 27,284,584
65 32 a. Funds appropriated in this subsection shall not be used
65 33 to perform abortions except medically necessary abortions, and
65 34 shall not be used to operate the early termination of
65 35 pregnancy clinic except for the performance of medically
66 1 necessary abortions. For the purpose of this subsection, an
66 2 abortion is the purposeful interruption of pregnancy with the
66 3 intention other than to produce a live=born infant or to
66 4 remove a dead fetus, and a medically necessary abortion is one
66 5 performed under one of the following conditions:
66 6 (1) The attending physician certifies that continuing the
66 7 pregnancy would endanger the life of the pregnant woman.
66 8 (2) The attending physician certifies that the fetus is
66 9 physically deformed, mentally deficient, or afflicted with a
66 10 congenital illness.
66 11 (3) The pregnancy is the result of a rape which is
66 12 reported within 45 days of the incident to a law enforcement
66 13 agency or public or private health agency which may include a
66 14 family physician.
66 15 (4) The pregnancy is the result of incest which is
66 16 reported within 150 days of the incident to a law enforcement
66 17 agency or public or private health agency which may include a
66 18 family physician.
66 19 (5) The abortion is a spontaneous abortion, commonly known
66 20 as a miscarriage, wherein not all of the products of
66 21 conception are expelled.
66 22 b. Notwithstanding any provision of law to the contrary,
66 23 the amount appropriated in this subsection shall be allocated
66 24 in twelve equal monthly payments as provided in section
66 25 249J.24.
66 26 2. There is appropriated from the IowaCare account created
66 27 in section 249J.24 to the state board of regents for
66 28 distribution to the university of Iowa hospitals and clinics
66 29 for the fiscal year beginning July 1, 2009, and ending June
66 30 30, 2010, the following amount, or so much thereof as is
66 31 necessary, to be used for the purposes designated:
66 32 For salaries, support, maintenance, equipment, and
66 33 miscellaneous purposes, for the provision of medical and
66 34 surgical treatment of indigent patients, for provision of
66 35 services to members of the expansion population pursuant to
67 1 chapter 249J, and for medical education:
67 2 .................................................. $ 47,020,131
67 3 The amount appropriated in this subsection shall be
67 4 distributed only if expansion population claims adjudicated
67 5 and paid by the Iowa Medicaid enterprise exceed the
67 6 appropriation to the state board of regents for distribution
67 7 to the university of Iowa hospitals and clinics provided in
67 8 subsection 1. The amount appropriated in this subsection
67 9 shall be distributed monthly for expansion population claims
67 10 adjudicated and approved for payment by the Iowa Medicaid
67 11 enterprise using medical assistance program reimbursement
67 12 rates.
67 13 3. There is appropriated from the IowaCare account created
67 14 in section 249J.24 to the department of human services for the
67 15 fiscal year beginning July 1, 2009, and ending June 30, 2010,
67 16 the following amount, or so much thereof as is necessary, to
67 17 be used for the purposes designated:
67 18 For distribution to a publicly owned acute care teaching
67 19 hospital located in a county with a population over 350,000
67 20 for the provision of medical and surgical treatment of
67 21 indigent patients, for provision of services to members of the
67 22 expansion population pursuant to chapter 249J, and for medical
67 23 education:
67 24 .................................................. $ 46,000,000
67 25 a. Notwithstanding any provision of law to the contrary,
67 26 the amount appropriated in this subsection shall be allocated
67 27 in twelve equal monthly payments as provided in section
67 28 249J.24. Any amount appropriated in this subsection in excess
67 29 of $41,000,000 shall be allocated only if federal funds are
67 30 available to match the amount allocated.
67 31 b. Notwithstanding the total amount of proceeds
67 32 distributed pursuant to section 249J.24, subsection 6,
67 33 paragraph "a", unnumbered paragraph 1, for the fiscal year
67 34 beginning July 1, 2009, and ending June 30, 2010, the county
67 35 treasurer of a county with a population of over 350,000 in
68 1 which a publicly owned acute care teaching hospital is located
68 2 shall distribute the proceeds collected pursuant to section
68 3 347.7 in a total amount of $38,000,000, which would otherwise
68 4 be distributed to the county hospital, to the treasurer of
68 5 state for deposit in the IowaCare account.
68 6 c. (1) Notwithstanding the amount collected and
68 7 distributed for deposit in the IowaCare account pursuant to
68 8 section 249J.24, subsection 6, paragraph "a", subparagraph
68 9 (1), the first $19,000,000 in proceeds collected pursuant to
68 10 section 347.7 between July 1, 2009, and December 31, 2009,
68 11 shall be distributed to the treasurer of state for deposit in
68 12 the IowaCare account and collections during this time period
68 13 in excess of $19,000,000 shall be distributed to the acute
68 14 care teaching hospital identified in this subsection.
68 15 (2) Notwithstanding the amount collected and distributed
68 16 for deposit in the IowaCare account pursuant to section
68 17 249J.24, subsection 6, paragraph "a", subparagraph (2), the
68 18 first $19,000,000 in collections pursuant to section 347.7
68 19 between January 1, 2010, and June 30, 2010, shall be
68 20 distributed to the treasurer of state for deposit in the
68 21 IowaCare account and collections during this time period in
68 22 excess of $19,000,000 shall be distributed to the acute care
68 23 teaching hospital identified in this subsection.
68 24 Sec. 48. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE
68 25 TRANSFORMATION == DEPARTMENT OF HUMAN SERVICES.
68 26 Notwithstanding any provision to the contrary, there is
68 27 appropriated from the account for health care transformation
68 28 created in section 249J.23 to the department of human services
68 29 for the fiscal year beginning July 1, 2009, and ending June
68 30 30, 2010, the following amounts, or so much thereof as is
68 31 necessary, to be used for the purposes designated:
68 32 1. For the costs of medical examinations and development
68 33 of personal health improvement plans for the expansion
68 34 population pursuant to section 249J.6:
68 35 .................................................. $ 556,800
69 1 2. For the provision of a medical information hotline for
69 2 the expansion population as provided in section 249J.6:
69 3 .................................................. $ 100,000
69 4 3. For other health promotion partnership activities
69 5 pursuant to section 249J.14:
69 6 .................................................. $ 600,000
69 7 4. For the costs related to audits, performance
69 8 evaluations, and studies required pursuant to chapter 249J:
69 9 .................................................. $ 125,000
69 10 5. For administrative costs associated with chapter 249J:
69 11 .................................................. $ 1,132,412
69 12 6. For planning and development, in cooperation with the
69 13 department of public health, of a phased=in program to provide
69 14 a dental home for children in accordance with section 249J.14,
69 15 subsection 7:
69 16 .................................................. $ 1,000,000
69 17 7. For continuation of the establishment of the tuition
69 18 assistance for individuals serving individuals with
69 19 disabilities pilot program, as enacted in 2008 Iowa Acts,
69 20 chapter 1187, section 130:
69 21 .................................................. $ 50,000
69 22 7A. For medical contracts:
69 23 .................................................. $ 1,300,000
69 24 8. For payment to the publicly owned acute care teaching
69 25 hospital located in a county with a population of over 350,000
69 26 that is a participating provider pursuant to chapter 249J:
69 27 .................................................. $ 290,000
69 28 Disbursements under this subsection shall be made monthly.
69 29 The hospital shall submit a report following the close of the
69 30 fiscal year regarding use of the funds appropriated in this
69 31 subsection to the persons specified in this Act to receive
69 32 reports.
69 33 Notwithstanding section 8.39, subsection 1, without the
69 34 prior written consent and approval of the governor and the
69 35 director of the department of management, the director of
70 1 human services may transfer funds among the appropriations
70 2 made in this section as necessary to carry out the purposes of
70 3 the account for health care transformation. The department
70 4 shall report any transfers made pursuant to this section to
70 5 the legislative services agency.
70 6 Sec. 49. APPROPRIATION FROM ACCOUNT FOR HEALTH CARE
70 7 TRANSFORMATION == DEPARTMENT OF ELDER AFFAIRS.
70 8 Notwithstanding any provision to the contrary, there is
70 9 appropriated from the account for health care transformation
70 10 created in section 249J.23 to the department of elder affairs
70 11 for the fiscal year beginning July 1, 2009, and ending June
70 12 30, 2010, the following amounts, or so much thereof as is
70 13 necessary, to be used for the purpose designated:
70 14 For re=programming of the SEAMLESS computer system for case
70 15 management:
70 16 .................................................. $ 200,000
70 17 Sec. 50. IOWACARE RENEWAL OF WAIVER. It is the intent of
70 18 the general assembly that the department of human services
70 19 apply for renewal of the IowaCare section 1115 demonstration
70 20 waiver under the medical assistance program. The department
70 21 shall seek to renew the existing terms of the waiver for an
70 22 additional five=year period and shall seek maximum expenditure
70 23 authority for payments to the state's four mental health
70 24 institutes. The IowaCare section 1115 demonstration waiver
70 25 renewal shall be amended to remove the limitation on new
70 26 provider taxes and shall transfer the seriously emotionally
70 27 disturbed children waiver to be approved as a section 1915(c)
70 28 home and community=based services waiver.
70 29 Sec. 51. MEDICAL ASSISTANCE PROGRAM == NONREVERSION FOR FY
70 30 2009=2010. Notwithstanding section 8.33, if moneys
70 31 appropriated for purposes of the medical assistance program
70 32 for the fiscal year beginning July 1, 2009, and ending June
70 33 30, 2010, from the general fund of the state, the senior
70 34 living trust fund, the health care trust fund, and the
70 35 property tax relief fund are in excess of actual expenditures
71 1 for the medical assistance program and remain unencumbered or
71 2 unobligated at the close of the fiscal year, the excess moneys
71 3 shall not revert but shall remain available for expenditure
71 4 for the purposes of the medical assistance program until the
71 5 close of the succeeding fiscal year.
71 6 DIVISION III
71 7 MH/MR/DD SERVICES
71 8 ALLOWED GROWTH FUNDING
71 9 FY 2009=2010
71 10 Sec. 52. 2008 Iowa Acts, chapter 1191, section 1, is
71 11 amended to read as follows:
71 12 SECTION 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
71 13 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH APPROPRIATION AND
71 14 ALLOCATIONS == FISCAL YEAR 2009=2010.
71 15 1. There is appropriated from the general fund of the
71 16 state to the department of human services for the fiscal year
71 17 beginning July 1, 2009, and ending June 30, 2010, the
71 18 following amount, or so much thereof as is necessary, to be
71 19 used for the purpose designated:
71 20 For distribution to counties of the county mental health,
71 21 mental retardation, and developmental disabilities allowed
71 22 growth factor adjustment for fiscal year 2009=2010 as provided
71 23 in this section in lieu of the allowed growth factor
71 24 provisions of section 331.438, subsection 2, and section
71 25 331.439, subsection 3, and chapter 426B:
71 26 .................................................. $ 69,949,069
71 27 54,108,770
71 28 2. The amount appropriated in this section shall be
71 29 allocated as provided in a later enactment of the general
71 30 assembly.
71 31 Sec. 53. 2008 Iowa Acts, chapter 1191, section 1, as
71 32 amended by this division of this Act, is amended by adding the
71 33 following new subsections:
71 34 NEW SUBSECTION. 1. Of the amount appropriated in this
71 35 section, $146,750 shall be used for assistance to the counties
72 1 with limited county mental health, mental retardation, and
72 2 developmental disabilities services fund balances which were
72 3 selected in accordance with 2000 Iowa Acts, chapter 1221,
72 4 section 3, to receive such assistance, in the same amount
72 5 provided during the fiscal year beginning July 1, 2000, and
72 6 ending June 30, 2001, to pay reimbursement increases in
72 7 accordance with 2000 Iowa Acts, chapter 1221, section 3.
72 8 NEW SUBSECTION. 2. Of the amount appropriated in this
72 9 section, $12,000,000 shall be distributed as provided in this
72 10 subsection.
72 11 a. To be eligible to receive a distribution under this
72 12 subsection, a county must meet the following requirements:
72 13 (1) The county is levying for the maximum amount allowed
72 14 for the county's mental health, mental retardation, and
72 15 developmental disabilities services fund under section
72 16 331.424A for taxes due and payable in the fiscal year
72 17 beginning July 1, 2009, or the county is levying for at least
72 18 90 percent of the maximum amount allowed for the county's
72 19 services fund and that levy rate is more than $2 per $1,000 of
72 20 the assessed value of all taxable property in the county.
72 21 (2) In the fiscal year beginning July 1, 2007, the
72 22 county's mental health, mental retardation, and developmental
72 23 disabilities services fund ending balance under generally
72 24 accepted accounting principles was equal to or less than 15
72 25 percent of the county's actual gross expenditures for that
72 26 fiscal year.
72 27 b. A county's allocation of the amount appropriated in
72 28 this subsection shall be determined based upon the county's
72 29 proportion of the general population of the counties eligible
72 30 to receive an allocation under this subsection. The most
72 31 recent population estimates issued by the United States bureau
72 32 of the census shall be applied in determining population for
72 33 the purposes of this paragraph.
72 34 c. The allocations made pursuant to this subsection are
72 35 subject to the distribution provisions and withholding
73 1 requirements established in this section for the county mental
73 2 health, mental retardation, and developmental disabilities
73 3 allowed growth factor adjustment for the fiscal year beginning
73 4 July 1, 2009.
73 5 NEW SUBSECTION. 3. The following amount of the funding
73 6 appropriated in this section is the allowed growth factor
73 7 adjustment for fiscal year 2009=2010, and shall be credited to
73 8 the allowed growth funding pool created in the property tax
73 9 relief fund and for distribution in accordance with section
73 10 426B.5, subsection 1:
73 11 .................................................. $ 41,962,020
73 12 NEW SUBSECTION. 4. The following formula amounts shall be
73 13 utilized only to calculate preliminary distribution amounts
73 14 for the allowed growth factor adjustment for fiscal year
73 15 2009=2010 under this section by applying the indicated formula
73 16 provisions to the formula amounts and producing a preliminary
73 17 distribution total for each county:
73 18 a. For calculation of a distribution amount for eligible
73 19 counties from the allowed growth funding pool created in the
73 20 property tax relief fund in accordance with the requirements
73 21 in section 426B.5, subsection 1:
73 22 .................................................. $ 49,626,596
73 23 b. For calculation of a distribution amount for counties
73 24 from the mental health and developmental disabilities (MH/DD)
73 25 community services fund in accordance with the formula
73 26 provided in the appropriation made for the MH/DD community
73 27 services fund for the fiscal year beginning July 1, 2009:
73 28 .................................................. $ 15,763,951
73 29 NEW SUBSECTION. 5. After applying the applicable
73 30 statutory distribution formulas to the amounts indicated in
73 31 subsection 4 for purposes of producing preliminary
73 32 distribution totals, the department of human services shall
73 33 apply a withholding factor to adjust an eligible individual
73 34 county's preliminary distribution total. In order to be
73 35 eligible for a distribution under this section, a county must
74 1 be levying 90 percent or more of the maximum amount allowed
74 2 for the county's mental health, mental retardation, and
74 3 developmental disabilities services fund under section
74 4 331.424A for taxes due and payable in the fiscal year for
74 5 which the distribution is payable. An ending balance
74 6 percentage for each county shall be determined by expressing
74 7 the county's ending balance on a modified accrual basis under
74 8 generally accepted accounting principles for the fiscal year
74 9 beginning July 1, 2007, in the county's mental health, mental
74 10 retardation, and developmental disabilities services fund
74 11 created under section 331.424A, as a percentage of the
74 12 county's gross expenditures from that fund for that fiscal
74 13 year. If a county borrowed moneys for purposes of providing
74 14 services from the county's services fund on or before July 1,
74 15 2007, and the county's services fund ending balance for that
74 16 fiscal year includes the loan proceeds or an amount designated
74 17 in the county budget to service the loan for the borrowed
74 18 moneys, those amounts shall not be considered to be part of
74 19 the county's ending balance for purposes of calculating an
74 20 ending balance percentage under this subsection. The
74 21 withholding factor for a county shall be the following
74 22 applicable percent:
74 23 a. For an ending balance percentage of less than 5
74 24 percent, a withholding factor of 0 percent. In addition, a
74 25 county that is subject to this lettered paragraph shall
74 26 receive an inflation adjustment equal to 3 percent of the
74 27 gross expenditures reported for the county's services fund for
74 28 the fiscal year.
74 29 b. For an ending balance percentage of 5 percent or more
74 30 but less than 10 percent, a withholding factor of 0 percent.
74 31 In addition, a county that is subject to this lettered
74 32 paragraph shall receive an inflation adjustment equal to 2
74 33 percent of the gross expenditures reported for the county's
74 34 services fund for the fiscal year.
74 35 c. For an ending balance percentage of 10 percent or more
75 1 but less than 25 percent, a withholding factor of 25 percent.
75 2 However, for counties with an ending balance percentage of 10
75 3 percent or more but less than 15 percent, the amount withheld
75 4 shall be limited to the amount by which the county's ending
75 5 balance was in excess of the ending balance percentage of 10
75 6 percent.
75 7 d. For an ending balance percentage of 25 percent or more,
75 8 a withholding percentage of 100 percent.
75 9 NEW SUBSECTION. 6. The total withholding amounts applied
75 10 pursuant to subsection 5 shall be equal to a withholding
75 11 target amount of $7,664,576. If the department of human
75 12 services determines that the amount to be withheld in
75 13 accordance with subsection 6 is not equal to the target
75 14 withholding amount, the department shall adjust the
75 15 withholding factors listed in subsection 6 as necessary to
75 16 achieve the target withholding amount. However, in making
75 17 such adjustments to the withholding factors, the department
75 18 shall strive to minimize changes to the withholding factors
75 19 for those ending balance percentage ranges that are lower than
75 20 others and shall not adjust the zero withholding factor or the
75 21 inflation adjustment percentage specified in subsection 5,
75 22 paragraph "a".
75 23 Sec. 54. ADULT MENTAL HEALTH AND DEVELOPMENTAL
75 24 DISABILITIES SERVICES SYSTEM TASK FORCE. The co-chairpersons
75 25 of the joint appropriations subcommittee on health and human
75 26 services, in consultation with the ranking members of the
75 27 subcommittee, shall appoint a task force of stakeholders for
75 28 the 2009 legislative interim to address the service system
75 29 administered by counties for adult mental health and
75 30 developmental disabilities services. The task force shall
75 31 address both funding and service issues and may utilize a
75 32 facilitator to assist the process. The task force shall
75 33 submit a final report with recommendations to the governor and
75 34 general assembly for action during the 2010 legislative
75 35 session.
76 1 Sec. 55. MENTAL HEALTH, MENTAL RETARDATION, DEVELOPMENTAL
76 2 DISABILITIES, AND BRAIN INJURY COMMISSION AND MENTAL HEALTH
76 3 PLANNING COUNCIL. During the fiscal year beginning July 1,
76 4 2009, the mental health, mental retardation, developmental
76 5 disabilities, and brain injury commission and the Iowa mental
76 6 health planning council established by the department of human
76 7 services pursuant to federal requirements for the community
76 8 mental health services block grant, or the officers of such
76 9 bodies, shall meet at least quarterly to coordinate the
76 10 efforts of the bodies. The bodies shall report to the persons
76 11 designated by this division of this Act for submission of
76 12 reports on or before January 15, 2010, concerning the
76 13 coordination efforts.
76 14 DIVISION IV
76 15 HEALTH CARE TRUST FUND APPROPRIATIONS ==
76 16 HEALTH CARE ACTIVITIES
76 17 Sec. 56. DEPARTMENT OF PUBLIC HEALTH. In addition to any
76 18 other appropriation made in this Act for the purposes
76 19 designated, there is appropriated from the health care trust
76 20 fund created in section 453A.35A to the department of public
76 21 health for the fiscal year beginning July 1, 2009, and ending
76 22 June 30, 2010, the following amounts, or so much thereof as is
76 23 necessary, for the purposes designated:
76 24 1. ADDICTIVE DISORDERS
76 25 .................................................. $ 2,748,692
76 26 a. Of the funds appropriated in this subsection, $357,870
76 27 shall be used for culturally competent substance abuse
76 28 treatment pilot projects.
76 29 (1) The department shall utilize the amount allocated in
76 30 this lettered paragraph for at least three pilot projects to
76 31 provide culturally competent substance abuse treatment in
76 32 various areas of the state. Each pilot project shall target a
76 33 particular ethnic minority population. The populations
76 34 targeted shall include but are not limited to
76 35 African=American, Asian, and Latino.
77 1 (2) The pilot project requirements shall provide for
77 2 documentation or other means to ensure access to the cultural
77 3 competence approach used by a pilot project so that such
77 4 approach can be replicated and improved upon in successor
77 5 programs.
77 6 b. Of the funds appropriated in this subsection,
77 7 $1,597,656 shall be used for tobacco use prevention,
77 8 cessation, and treatment. The department shall utilize the
77 9 funds to provide for a variety of activities related to
77 10 tobacco use prevention, cessation, and treatment including to
77 11 support Quitline Iowa, QuitNet cessation counseling and
77 12 education, grants to school districts and community
77 13 organizations to support Just Eliminate Lies youth chapters
77 14 and youth tobacco prevention activities, the Just Eliminate
77 15 Lies tobacco prevention media campaign, nicotine replacement
77 16 therapy, and other prevention and cessation materials and
77 17 media promotion. Of the funds allocated in this lettered
77 18 paragraph, not more than $148,262 may be utilized by the
77 19 department for administrative purposes.
77 20 c. Of the funds appropriated in this subsection, $793,166
77 21 shall be used for substance abuse treatment activities.
77 22 2. HEALTHY CHILDREN AND FAMILIES
77 23 .................................................. $ 493,574
77 24 a. Of the funds appropriated in this subsection, $159,603
77 25 shall be used to address the healthy mental development of
77 26 children from birth through five years of age through local
77 27 evidence=based strategies that engage both the public and
77 28 private sectors in promoting healthy development, prevention,
77 29 and treatment for children.
77 30 b. Of the funds appropriated in this subsection, $143,643
77 31 shall be used for childhood obesity prevention.
77 32 c. Of the funds appropriated in this subsection, $190,328
77 33 shall be used to provide audiological services and hearing
77 34 aids for children. The department may enter into a contract
77 35 to administer this paragraph.
78 1 d. It is the intent of the general assembly that the
78 2 department of public health shall implement the
78 3 recommendations of the postnatal tissue and fluid bank task
78 4 force created in 2007 Iowa Acts, chapter 147, based upon the
78 5 report submitted to the general assembly in November 2007, as
78 6 funding becomes available. The department shall notify the
78 7 Iowa Code editor and the persons specified in this Act to
78 8 receive reports when such funding becomes available.
78 9 3. CHRONIC CONDITIONS
78 10 .................................................. $ 891,219
78 11 a. Of the funds appropriated in this subsection, $383,271
78 12 shall be used for child health specialty clinics.
78 13 b. Of the funds appropriated in this subsection, $346,224
78 14 shall be used for the comprehensive cancer control program to
78 15 reduce the burden of cancer in Iowa through prevention, early
78 16 detection, effective treatment, and ensuring quality of life.
78 17 The department shall utilize one of the full=time equivalent
78 18 positions authorized in this subsection for administration of
78 19 the activities related to the comprehensive cancer control
78 20 program.
78 21 c. Of the funds appropriated in this subsection, $161,724
78 22 shall be used for cervical and colon cancer screening.
78 23 4. COMMUNITY CAPACITY
78 24 .................................................. $ 2,253,507
78 25 a. Of the funds appropriated in this subsection, $61,349
78 26 shall be deposited in the governmental public health system
78 27 fund created by this Act to be used to further develop the
78 28 Iowa public health standards and to begin implementation of
78 29 public health modernization in accordance with chapter 135A,
78 30 as enacted in this Act, to the extent funding is available.
78 31 b. Of the funds appropriated in this subsection, $163,600
78 32 shall be used for the mental health professional shortage area
78 33 program implemented pursuant to section 135.80.
78 34 c. Of the funds appropriated in this subsection, $40,900
78 35 shall be used for a grant to a statewide association of
79 1 psychologists that is affiliated with the American
79 2 psychological association to be used for continuation of a
79 3 program to rotate intern psychologists in placements in urban
79 4 and rural mental health professional shortage areas, as
79 5 defined in section 135.80.
79 6 d. Of the funds appropriated in this subsection, the
79 7 following amounts shall be allocated to the Iowa collaborative
79 8 safety net provider network established pursuant to section
79 9 135.153 to be used for the purposes designated:
79 10 (1) For distribution to the Iowa=Nebraska primary care
79 11 association for statewide coordination of the Iowa
79 12 collaborative safety net provider network:
79 13 .................................................. $ 81,800
79 14 (2) For distribution to the Iowa family planning network
79 15 agencies for necessary infrastructure, statewide coordination,
79 16 provider recruitment, service delivery, and provision of
79 17 assistance to patients in determining an appropriate medical
79 18 home:
79 19 .................................................. $ 82,796
79 20 (3) For distribution to the local boards of health that
79 21 provide direct services for pilot programs in three counties
79 22 to assist patients in determining an appropriate medical home:
79 23 .................................................. $ 82,796
79 24 (4) For distribution to maternal and child health centers
79 25 for pilot programs in three counties to assist patients in
79 26 determining an appropriate medical home:
79 27 .................................................. $ 82,796
79 28 (5) For distribution to free clinics for necessary
79 29 infrastructure, statewide coordination, provider recruitment,
79 30 service delivery, and provision of assistance to patients in
79 31 determining an appropriate medical home:
79 32 .................................................. $ 204,500
79 33 (6) For distribution to rural health clinics for necessary
79 34 infrastructure, statewide coordination, provider recruitment,
79 35 service delivery, and provision of assistance to patients in
80 1 determining an appropriate medical home:
80 2 .................................................. $ 122,700
80 3 (7) For continuation of the safety net provider patient
80 4 access to specialty health care initiative as described in
80 5 2007 Iowa Acts, ch. 218, section 109:
80 6 .................................................. $ 327,200
80 7 (8) For continuation of the pharmaceutical infrastructure
80 8 for safety net providers as described in 2007 Iowa Acts, ch.
80 9 218, section 108:
80 10 .................................................. $ 327,200
80 11 The Iowa collaborative safety net provider network may
80 12 continue to distribute funds allocated pursuant to this
80 13 lettered paragraph through existing contracts or renewal of
80 14 existing contracts.
80 15 e. Of the funds appropriated in this subsection, $500,000
80 16 shall be used to continue funding for the community health
80 17 center incubation grant program. Funds shall be utilized by
80 18 the recipient of the grant in the previous fiscal year to
80 19 ensure continuation of affordable primary and preventive
80 20 health care services to the uninsured and underserved in
80 21 northwest Iowa.
80 22 f. Of the funds appropriated in this subsection, $61,350
80 23 shall be used for continued implementation of the
80 24 recommendations of the direct care worker task force
80 25 established pursuant to 2005 Iowa Acts, chapter 88, based upon
80 26 the report submitted to the governor and the general assembly
80 27 in December 2006.
80 28 g. Of the funds appropriated in this subsection, $114,520
80 29 shall be used for allocation to an independent statewide
80 30 direct care worker association for education, outreach,
80 31 leadership development, mentoring, and other initiatives
80 32 intended to enhance the recruitment and retention of direct
80 33 care workers in health and long=term care.
80 34 h. The department may utilize one of the full=time
80 35 equivalent positions authorized in this subsection for
81 1 administration of the activities related to the Iowa
81 2 collaborative safety net provider network.
81 3 i. The department may utilize one of the full=time
81 4 equivalent positions authorized in this subsection for
81 5 administration of the volunteer health care provider program
81 6 pursuant to section 135.24.
81 7 Sec. 57. DEPARTMENT OF HUMAN SERVICES. In addition to any
81 8 other appropriation made in this Act for the purposes
81 9 designated, there is appropriated from the health care trust
81 10 fund created in section 453A.35A to the department of human
81 11 services for the fiscal year beginning July 1, 2009, and
81 12 ending June 30, 2010, the following amount, or so much thereof
81 13 as is necessary, for the purpose designated:
81 14 MEDICAL ASSISTANCE
81 15 .................................................. $111,409,156
81 16 Sec. 58. Section 453A.35, subsection 1, Code 2009, is
81 17 amended to read as follows:
81 18 1. The proceeds derived from the sale of stamps and the
81 19 payment of taxes, fees, and penalties provided for under this
81 20 chapter, and the permit fees received from all permits issued
81 21 by the department, shall be credited to the general fund of
81 22 the state. However, beginning July 1, 2007, of the revenues
81 23 generated from the tax on cigarettes pursuant to section
81 24 453A.6, subsection 1, and from the tax on tobacco products as
81 25 specified in section 453A.43, subsections 1, 2, 3, and 4, and
81 26 credited to the general fund of the state under this
81 27 subsection, there is appropriated, annually, to the health
81 28 care trust fund created in section 453A.35A, the first one
81 29 hundred twenty=seven sixteen million six seven hundred
81 30 ninety=six thousand dollars.
81 31 DIVISION V
81 32 IOWACARE
81 33 Sec. 59. 2008 Iowa Acts, chapter 1187, section 44,
81 34 subsection 3, is amended to read as follows:
81 35 3. There is appropriated from the IowaCare account created
82 1 in section 249J.24 to the department of human services for the
82 2 fiscal year beginning July 1, 2008, and ending June 30, 2009,
82 3 the following amount, or so much thereof as is necessary, to
82 4 be used for the purposes designated:
82 5 For distribution to a publicly owned acute care teaching
82 6 hospital located in a county with a population over three
82 7 hundred fifty thousand for the provision of medical and
82 8 surgical treatment of indigent patients, for provision of
82 9 services to members of the expansion population pursuant to
82 10 chapter 249J, and for medical education:
82 11 .................................................. $ 40,000,000
82 12 46,000,000
82 13 Notwithstanding any provision of law to the contrary, the
82 14 amount appropriated in this subsection shall be allocated in
82 15 twelve equal monthly payments as provided in section 249J.24.
82 16 Any amount appropriated in this subsection in excess of
82 17 $37,000,000 41,000,000 shall be allocated only if federal
82 18 funds are available to match the amount allocated.
82 19 Sec. 60. IOWACARE ACCOUNT == DISTRIBUTION AND DEPOSIT OF
82 20 PROCEEDS OF HOSPITAL TAX LEVY.
82 21 1. Notwithstanding the total amount of proceeds
82 22 distributed pursuant to section 249J.24, subsection 6,
82 23 paragraph "a", unnumbered paragraph 1, for the fiscal period
82 24 beginning July 1, 2008, and ending June 30, 2009, the county
82 25 treasurer of a county with a population over 350,000 in which
82 26 a publicly owned acute care teaching hospital is located shall
82 27 distribute the proceeds collected pursuant to section 347.7 in
82 28 a total amount of $38,000,000, which would otherwise be
82 29 distributed to the county hospital, to the treasurer of state
82 30 for deposit in the IowaCare account.
82 31 2. Notwithstanding the amount collected and distributed
82 32 for deposit in the IowaCare account pursuant to section
82 33 249J.24, subsection 6, paragraph "a", subparagraph (2), a
82 34 maximum of $21,000,000 in proceeds collected pursuant to
82 35 section 347.7 between January 1, 2009, and June 30, 2009,
83 1 shall be distributed to the treasurer of state for deposit in
83 2 the IowaCare account and collections during this time in
83 3 excess of a maximum of $21,000,000 shall be distributed to the
83 4 acute care teaching hospital identified in section 249J.24,
83 5 subsection 6. However, if the collections for the period
83 6 between January 1, 2009, and June 30, 2009, do not equal at
83 7 least $21,000,000, the initial proceeds collected pursuant to
83 8 section 347.7 between January 1, 2009, and June 30, 2009, that
83 9 are in excess of $17,000,000 and which are distributed to the
83 10 acute care teaching hospital identified in section 249J.24,
83 11 subsection 6, shall be redistributed to the treasurer of state
83 12 for deposit in the IowaCare account in a total amount not to
83 13 exceed a maximum of $21,000,000.
83 14 Sec. 61. EFFECTIVE DATE == RETROACTIVITY. This division
83 15 of this Act, being deemed of immediate importance, takes
83 16 effect upon enactment and is retroactively applicable to July
83 17 1, 2008.
83 18 DIVISION VI
83 19 APPROPRIATIONS == RELATED CHANGES
83 20 TOBACCO USE PREVENTION AND CONTROL
83 21 INITIATIVE == HEALTHY IOWANS TOBACCO TRUST
83 22 Sec. 62. 2008 Iowa Acts, chapter 1186, section 1,
83 23 subsection 2, paragraph a, is amended by adding the following
83 24 new unnumbered paragraph:
83 25 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
83 26 moneys appropriated in this lettered paragraph that remain
83 27 unencumbered or unobligated at the close of the fiscal year
83 28 shall not revert but shall remain available for expenditure
83 29 for the purposes designated until the close of the succeeding
83 30 fiscal year.
83 31 ADDICTIVE DISORDERS == GENERAL FUND
83 32 Sec. 63. 2008 Iowa Acts, chapter 1187, section 2,
83 33 subsection 1, is amended by adding the following new
83 34 paragraph:
83 35 NEW PARAGRAPH. c. Notwithstanding section 8.33, moneys
84 1 appropriated in this subsection that remain unencumbered or
84 2 unobligated at the close of the fiscal year shall not revert
84 3 but shall remain available for expenditure for the purposes
84 4 designated until the close of the succeeding fiscal year.
84 5 GAMBLING TREATMENT FUND
84 6 Sec. 64. 2008 Iowa Acts, chapter 1187, section 3, is
84 7 amended by adding the following new subsection:
84 8 NEW SUBSECTION. 5. Notwithstanding section 8.33, moneys
84 9 appropriated in this section that remain unencumbered or
84 10 unobligated at the close of the fiscal year shall not revert
84 11 but shall remain available for expenditure for the purposes
84 12 designated until the close of the succeeding fiscal year.
84 13 IOWA VETERANS HOME FTES
84 14 Sec. 65. 2008 Iowa Acts, chapter 1187, section 4,
84 15 subsection 2, is amended to read as follows:
84 16 2. IOWA VETERANS HOME
84 17 For salaries, support, maintenance, and miscellaneous
84 18 purposes, and for not more than the following full=time
84 19 equivalent positions:
84 20 .................................................. $ 12,694,154
84 21 ............................................... FTEs 951.95
84 22 a. The Iowa veterans home billings involving the
84 23 department of human services shall be submitted to the
84 24 department on at least a monthly basis.
84 25 b. If there is a change in the employer of employees
84 26 providing services at the Iowa veterans home under a
84 27 collective bargaining agreement, such employees and the
84 28 agreement shall be continued by the successor employer as
84 29 though there had not been a change in employer.
84 30 FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
84 31 BLOCK GRANT == FAMILY INVESTMENT PROGRAM
84 32 Sec. 66. 2008 Iowa Acts, chapter 1187, section 5, is
84 33 amended by adding the following new unnumbered paragraph:
84 34 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
84 35 moneys appropriated in this section that remain unencumbered
85 1 or unobligated at the close of the fiscal year shall not
85 2 revert but shall remain available for expenditure for the
85 3 family investment program until the close of the succeeding
85 4 fiscal year.
85 5 MEDICAL ASSISTANCE
85 6 Sec. 67. 2008 Iowa Acts, chapter 1187, section 9,
85 7 unnumbered paragraph 2, is amended to read as follows:
85 8 For medical assistance reimbursement and associated costs
85 9 as specifically provided in the reimbursement methodologies in
85 10 effect on June 30, 2008, except as otherwise expressly
85 11 authorized by law, including reimbursement for abortion
85 12 services which shall be available under the medical assistance
85 13 program only for those abortions which are medically
85 14 necessary:
85 15 .................................................. $649,629,269
85 16 593,302,330
85 17 EMERGENCY AND CHILDRENS MENTAL HEALTH SERVICE
85 18 Sec. 68. 2008 Iowa Acts, chapter 1187, section 9,
85 19 subsection 20, is amended by adding the following new
85 20 paragraph:
85 21 NEW PARAGRAPH. cc. The department shall revise the
85 22 provisions for the projects to implement an emergency mental
85 23 health crisis services system and a mental health services
85 24 system for children and youth under paragraph "c",
85 25 subparagraphs (1) and (2), in order for services to be
85 26 provided under both of the projects for a period of at least
85 27 24 months. Notwithstanding section 8.33, moneys allocated for
85 28 the projects in paragraph "c" of this subsection that remain
85 29 unencumbered or unobligated at the close of the fiscal year
85 30 shall not revert but shall remain available for expenditure
85 31 for the purposes designated until the close of the fiscal year
85 32 that begins July 1, 2010.
85 33 STATE SUPPLEMENTARY ASSISTANCE
85 34 Sec. 69. 2008 Iowa Acts, chapter 1187, section 12, is
85 35 amended by adding the following new subsection:
86 1 NEW SUBSECTION. 4. Notwithstanding section 8.33, moneys
86 2 appropriated in this section that remain unencumbered or
86 3 unobligated at the close of the fiscal year shall remain
86 4 available for expenditure for the state supplementary
86 5 assistance program until the close of the succeeding fiscal
86 6 year.
86 7 NURSING FACILITIES
86 8 Sec. 70. 2008 Iowa Acts, chapter 1187, section 32,
86 9 subsection 1, paragraph a, subparagraph (1), is amended to
86 10 read as follows:
86 11 (1) For the fiscal year beginning July 1, 2008, the total
86 12 state funding amount for the nursing facility budget shall not
86 13 exceed $183,367,323 $158,482,025.
86 14 DEPARTMENT OF ELDER AFFAIRS == MATCHING FUNDS
86 15 Sec. 71. 2008 Iowa Acts, chapter 1187, section 39, is
86 16 amended by adding the following new subsection:
86 17 NEW SUBSECTION. 4. Notwithstanding section 8.33, of the
86 18 funds appropriated in this section, $216,242 shall not revert
86 19 at the close of the fiscal year, but shall remain available to
86 20 provide matching funds for the senior nutrition programs and
86 21 the senior internship program funded through the federal
86 22 American Reinvestment and Recovery Act of 2009 for the period
86 23 during which federal funding is available under the Act.
86 24 ACCOUNT FOR HEALTH CARE TRANSFORMATION
86 25 Sec. 72. 2008 Iowa Acts, chapter 1187, section 46, is
86 26 amended to read as follows:
86 27 Sec. 46. TRANSFER FROM ACCOUNT FOR HEALTH CARE
86 28 TRANSFORMATION. There is transferred from the account for
86 29 health care transformation created pursuant to section 249J.23
86 30 to the IowaCare account created in section 249J.24 a total of
86 31 $3,000,000 for the fiscal year beginning July 1, 2008, and
86 32 ending June 30, 2009.
86 33 MEDICAL ASSISTANCE PROGRAM NONREVERSION
86 34 Sec. 73. 2008 Iowa Acts, chapter 1187, section 50, is
86 35 amended to read as follows:
87 1 SEC. 50. MEDICAL ASSISTANCE PROGRAM == REVERSION TO SENIOR
87 2 LIVING TRUST FUND NONREVERSION FOR FY 2008=2009.
87 3 Notwithstanding section 8.33, if moneys appropriated for
87 4 purposes of the medical assistance program for the fiscal year
87 5 beginning July 1, 2008, and ending June 30, 2009, from the
87 6 general fund of the state, the senior living trust fund, the
87 7 healthy Iowans tobacco trust fund, the health care trust fund,
87 8 and the property tax relief fund are in excess of actual
87 9 expenditures for the medical assistance program and remain
87 10 unencumbered or unobligated at the close of the fiscal year,
87 11 the excess moneys shall not revert but shall be transferred to
87 12 the senior living trust fund created in section 249H.4 remain
87 13 available for expenditure for the purposes of the medical
87 14 assistance program until the close of the fiscal year
87 15 beginning July 1, 2009.
87 16 ADDICTIVE DISORDERS == HEALTH CARE TRUST FUND
87 17 Sec. 74. 2008 Iowa Acts, chapter 1187, section 62,
87 18 subsection 1, is amended by adding the following new
87 19 paragraph:
87 20 NEW PARAGRAPH. d. Notwithstanding section 8.33, moneys
87 21 appropriated in this subsection that remain unencumbered or
87 22 unobligated at the close of the fiscal year shall not revert
87 23 but shall remain available for expenditure for the purposes
87 24 designated until the close of the succeeding fiscal year.
87 25 VIETNAM CONFLICT VETERANS BONUS FUND
87 26 Sec. 75. 2007 Iowa Acts, chapter 176, section 3,
87 27 unnumbered paragraph 3, as enacted by 2008 Iowa Acts, chapter
87 28 1187, section 68, is amended to read as follows:
87 29 Notwithstanding section 8.33, moneys appropriated in this
87 30 section that remain unencumbered or unobligated at the close
87 31 of the fiscal year shall not revert but shall remain available
87 32 for expenditure for the purposes designated until the close of
87 33 the succeeding fiscal year beginning July 1, 2009.
87 34 INJURED VETERANS GRANT PROGRAM
87 35 Sec. 76. 2006 Iowa Acts, chapter 1184, section 5, as
88 1 enacted by 2007 Iowa Acts, chapter 203, section 1, subsection
88 2 4, unnumbered paragraph 2, and amended by 2008 Iowa Acts,
88 3 chapter 1187, section 69, is amended to read as follows:
88 4 Notwithstanding section 8.33, moneys appropriated in this
88 5 subsection that remain unencumbered or unobligated at the
88 6 close of the fiscal year shall not revert but shall remain
88 7 available for expenditure for the purposes designated until
88 8 the close of the fiscal year beginning July 1, 2008 2009.
88 9 Sec. 77. 2008 Iowa Acts, chapter 1188, section 16, is
88 10 amended to read as follows:
88 11 SEC. 16. MEDICAL ASSISTANCE, HAWK=I, AND HAWK=I EXPANSION
88 12 PROGRAMS == COVERING CHILDREN == APPROPRIATION. There is
88 13 appropriated from the general fund of the state to the
88 14 department of human services for the designated fiscal years,
88 15 the following amounts, or so much thereof as is necessary, for
88 16 the purpose designated:
88 17 To cover children as provided in this Act under the medical
88 18 assistance, hawk=i, and hawk=i expansion programs and outreach
88 19 under the current structure of the programs:
88 20 FY 2008=2009 ..................................... $ 4,800,000
88 21 FY 2009=2010 ..................................... $ 14,800,000
88 22 4,207,001
88 23 FY 2010=2011 ..................................... $ 24,800,000
88 24 Sec. 78. CHILD CARE CREDIT FUND BALANCE TRANSFERRED.
88 25 Moneys in the child care credit fund that remain unencumbered
88 26 or unobligated at the close of the fiscal year beginning July
88 27 1, 2008, are transferred to the general fund of the state.
88 28 Sec. 79. ADDICTIVE DISORDERS NONREVERSION DIRECTIVE. The
88 29 authority provided in this division of this Act for
88 30 nonreversion of the appropriations for addictive disorder
88 31 conditions referenced in this section is limited to $1,000,000
88 32 and shall be realized by applying the authority to such
88 33 appropriations in the following order until the limitation
88 34 amount is reached:
88 35 1. The appropriation made from the healthy Iowans tobacco
89 1 trust in 2008 Iowa Acts, chapter 1186, section 1.
89 2 2. The appropriation made from the health care trust fund
89 3 in 2008 Iowa Acts, chapter 1187, section 62, subsection 1.
89 4 3. The appropriation made from the general fund of the
89 5 state in 2008 Iowa Acts, chapter 1187, section 2, subsection
89 6 1.
89 7 Sec. 80. EFFECTIVE DATE. This division of this Act, being
89 8 deemed of immediate importance, takes effect upon enactment.
89 9 DIVISION VII
89 10 HEPATITIS AWARENESS
89 11 Sec. 81. Section 135.19, Code 2009, is amended to read as
89 12 follows:
89 13 135.19 VIRAL HEPATITIS PROGRAM == AWARENESS, VACCINATIONS,
89 14 AND TESTING == STUDY.
89 15 1. If sufficient funds are appropriated by the general
89 16 assembly, the department shall establish and administer a
89 17 viral hepatitis program. The goal of the program shall be to
89 18 distribute information to citizens of this state who are at an
89 19 increased risk for exposure to viral hepatitis regarding the
89 20 higher incidence of hepatitis C exposure and infection among
89 21 these populations, the dangers presented by the disease, and
89 22 contacts for additional information and referrals. The
89 23 program shall also make available hepatitis A and hepatitis B
89 24 vaccinations, and hepatitis C testing.
89 25 2. The department shall establish by rule a list of
89 26 individuals by category who are at increased risk for viral
89 27 hepatitis exposure. The list shall be consistent with
89 28 recommendations developed by the centers for disease control,
89 29 and shall be developed in consultation with the Iowa viral
89 30 hepatitis task force and the Iowa department of veterans
89 31 affairs. The department shall also establish by rule what
89 32 information is to be distributed and the form and manner of
89 33 distribution. The rules shall also establish a vaccination
89 34 and testing program, to be coordinated by the department
89 35 through local health departments and clinics and other
90 1 appropriate locations.
90 2 3. The department shall conduct a study to provide an
90 3 epidemiological profile of hepatitis C and to assess its
90 4 current and future impact on the state. The department shall
90 5 submit a report to the members of the general assembly by
90 6 January 1, 2008, regarding the results of the study, and shall
90 7 include a status report regarding the development and
90 8 distribution of viral hepatitis information, and the results
90 9 of the vaccination and testing program.
90 10 Sec. 82. Section 135.20, Code 2009, is repealed.
90 11 DIVISION VIII
90 12 SENIOR LIVING COORDINATING UNIT
90 13 Sec. 83. Section 231.58, Code 2009, is amended by striking
90 14 the section and inserting in lieu thereof the following:
90 15 231.58 LONG=TERM LIVING COORDINATION.
90 16 The director may convene meetings, as necessary, of the
90 17 director and the directors of human services, public health,
90 18 and inspections and appeals, to assist in the coordination of
90 19 policy, service delivery, and long=range planning relating to
90 20 the long=term living system and older Iowans in the state.
90 21 The group may consult with individuals, institutions and
90 22 entities with expertise in the area of the long=term living
90 23 system and older Iowans, as necessary, to facilitate the
90 24 group's efforts.
90 25 Sec. 84. Section 249H.3, subsection 6, paragraph b, Code
90 26 2009, is amended to read as follows:
90 27 b. New construction for long=term care alternatives,
90 28 excluding new construction of assisted=living programs or
90 29 elder group homes, if the senior living coordinating unit
90 30 determines that new construction is more cost=effective than
90 31 the conversion of existing space.
90 32 Sec. 85. Section 249H.3, subsection 8, paragraph b, Code
90 33 2009, is amended to read as follows:
90 34 b. New construction of an assisted=living program if
90 35 existing nursing facility beds are no longer licensed and the
91 1 senior living coordinating unit determines that new
91 2 construction is more cost=effective than the conversion of
91 3 existing space.
91 4 Sec. 86. Section 249H.3, subsection 12, Code 2009, is
91 5 amended by striking the subsection.
91 6 Sec. 87. Section 249H.4, subsection 6, Code 2009, is
91 7 amended by striking the subsection.
91 8 Sec. 88. Section 249H.7, subsection 1, Code 2009, is
91 9 amended to read as follows:
91 10 1. Beginning October 1, 2000, the The department of elder
91 11 affairs, in consultation with the senior living coordinating
91 12 unit, shall use funds appropriated from the senior living
91 13 trust fund for activities related to the design, maintenance,
91 14 or expansion of home and community=based services for seniors,
91 15 including but not limited to adult day services, personal
91 16 care, respite, homemaker, chore, and transportation services
91 17 designed to promote the independence of and to delay the use
91 18 of institutional care by seniors with low and moderate
91 19 incomes. At any time that moneys are appropriated, the
91 20 department of elder affairs, in consultation with the senior
91 21 living coordinating unit, shall disburse the funds to the area
91 22 agencies on aging.
91 23 Sec. 89. Section 249H.7, subsection 2, unnumbered
91 24 paragraph 1, Code 2009, is amended to read as follows:
91 25 The department of elder affairs shall adopt rules, in
91 26 consultation with the senior living coordinating unit and the
91 27 area agencies on aging, pursuant to chapter 17A, to provide
91 28 all of the following:
91 29 Sec. 90. Section 249H.7, subsection 2, paragraph c, Code
91 30 2009, is amended to read as follows:
91 31 c. Other procedures the department of elder affairs deems
91 32 necessary for the proper administration of this section,
91 33 including but not limited to the submission of progress
91 34 reports, on a bimonthly basis, to the senior living
91 35 coordinating unit.
92 1 Sec. 91. Section 249H.9, subsection 1, Code 2009, is
92 2 amended to read as follows:
92 3 1. The department of elder affairs and the area agencies
92 4 on aging, in consultation with the senior living coordinating
92 5 unit, shall create, on a county basis, a database directory of
92 6 all health care and support services available to seniors.
92 7 The department of elder affairs shall make the database
92 8 electronically available to the public, and shall update the
92 9 database on at least a monthly basis.
92 10 Sec. 92. Section 249H.10, Code 2009, is amended to read as
92 11 follows:
92 12 249H.10 CAREGIVER SUPPORT == ACCESS AND EDUCATION
92 13 PROGRAMS.
92 14 The department of human services and the department of
92 15 elder affairs, in consultation with the senior living
92 16 coordinating unit, shall implement a caregiver support program
92 17 to provide access to respite care and to provide education to
92 18 caregivers in providing appropriate care to seniors and
92 19 persons with disabilities. The program shall be provided
92 20 through the area agencies on aging or other appropriate
92 21 agencies.
92 22 DIVISION IX
92 23 GAMBLING TREATMENT FUND ELIMINATION
92 24 Sec. 93. Section 8.57, subsection 6, paragraph e,
92 25 subparagraph (1), Code 2009, is amended to read as follows:
92 26 (1) Notwithstanding provisions to the contrary in sections
92 27 99D.17 and 99F.11, for the fiscal year beginning July 1, 2000,
92 28 and for each fiscal year thereafter, not more than a total of
92 29 sixty sixty=six million dollars shall be deposited in the
92 30 general fund of the state in any fiscal year pursuant to
92 31 sections 99D.17 and 99F.11. The next fifteen million dollars
92 32 of the moneys directed to be deposited in the general fund of
92 33 the state in a fiscal year pursuant to sections 99D.17 and
92 34 99F.11 shall be deposited in the vision Iowa fund created in
92 35 section 12.72 for the fiscal year beginning July 1, 2000, and
93 1 for each fiscal year through the fiscal year beginning July 1,
93 2 2019. The next five million dollars of the moneys directed to
93 3 be deposited in the general fund of the state in a fiscal year
93 4 pursuant to sections 99D.17 and 99F.11 shall be deposited in
93 5 the school infrastructure fund created in section 12.82 for
93 6 the fiscal year beginning July 1, 2000, and for each fiscal
93 7 year thereafter until the principal and interest on all bonds
93 8 issued by the treasurer of state pursuant to section 12.81 are
93 9 paid, as determined by the treasurer of state. The total
93 10 moneys in excess of the moneys deposited in the general fund
93 11 of the state, the vision Iowa fund, and the school
93 12 infrastructure fund in a fiscal year shall be deposited in the
93 13 rebuild Iowa infrastructure fund and shall be used as provided
93 14 in this section, notwithstanding section 8.60.
93 15 Sec. 94. Section 99D.7, subsection 22, Code 2009, is
93 16 amended to read as follows:
93 17 22. To require licensees to establish a process to allow a
93 18 person to be voluntarily excluded for life from a racetrack
93 19 enclosure and all other licensed facilities under this chapter
93 20 and chapter 99F. The process established shall require that a
93 21 licensee disseminate information regarding persons voluntarily
93 22 excluded to all licensees under this chapter and chapter 99F.
93 23 The state and any licensee under this chapter or chapter 99F
93 24 shall not be liable to any person for any claim which may
93 25 arise from this process. In addition to any other penalty
93 26 provided by law, any money or thing of value that has been
93 27 obtained by, or is owed to, a voluntarily excluded person by a
93 28 licensee as a result of wagers made by the person after the
93 29 person has been voluntarily excluded shall not be paid to the
93 30 person but shall be deposited into credited to the gambling
93 31 treatment general fund created in section 135.150 of the
93 32 state.
93 33 Sec. 95. Section 99D.15, subsection 5, Code 2009, is
93 34 amended by striking the subsection.
93 35 Sec. 96. Section 99F.4, subsection 22, Code 2009, is
94 1 amended to read as follows:
94 2 22. To require licensees to establish a process to allow a
94 3 person to be voluntarily excluded for life from an excursion
94 4 gambling boat and all other licensed facilities under this
94 5 chapter and chapter 99D. The process established shall
94 6 require that a licensee disseminate information regarding
94 7 persons voluntarily excluded to all licensees under this
94 8 chapter and chapter 99D. The state and any licensee under
94 9 this chapter or chapter 99D shall not be liable to any person
94 10 for any claim which may arise from this process. In addition
94 11 to any other penalty provided by law, any money or thing of
94 12 value that has been obtained by, or is owed to, a voluntarily
94 13 excluded person by a licensee as a result of wagers made by
94 14 the person after the person has been voluntarily excluded
94 15 shall not be paid to the person but shall be deposited into
94 16 credited to the gambling treatment general fund created in
94 17 section 135.150 of the state.
94 18 Sec. 97. Section 99F.11, subsection 3, paragraph c, Code
94 19 2009, is amended by striking the paragraph.
94 20 Sec. 98. Section 99G.39, subsection 1, Code 2009, is
94 21 amended to read as follows:
94 22 1. Upon receipt of any revenue, the chief executive
94 23 officer shall deposit the moneys in the lottery fund created
94 24 pursuant to section 99G.40. At least fifty percent of the
94 25 projected annual revenue accruing from the sale of tickets or
94 26 shares shall be allocated for payment of prizes to the holders
94 27 of winning tickets. After the payment of prizes, the
94 28 following shall be deducted from the authority's revenue prior
94 29 to disbursement:
94 30 a. An amount equal to one=half of one percent of the gross
94 31 lottery revenue for the year shall be deposited in the
94 32 gambling treatment fund created in section 135.150.
94 33 b. The expenses of conducting the lottery shall be
94 34 deducted from the authority's revenue prior to disbursement.
94 35 Expenses for advertising production and media purchases shall
95 1 not exceed four percent of the authority's gross revenue for
95 2 the year.
95 3 Sec. 99. Section 135.150, Code 2009, is amended to read as
95 4 follows:
95 5 135.150 GAMBLING TREATMENT FUND == PROGRAM == STANDARDS
95 6 AND LICENSING.
95 7 1. A gambling treatment fund is created in the state
95 8 treasury under the control of the department. The fund
95 9 consists of all moneys appropriated to the fund. However, if
95 10 moneys appropriated to the fund in a fiscal year exceed six
95 11 million dollars, the amount exceeding six million dollars
95 12 shall be transferred to the rebuild Iowa infrastructure fund
95 13 created in section 8.57. Moneys in the fund are appropriated
95 14 to the department for the purposes described in this section.
95 15 2. 1. a. Moneys appropriated to the department under
95 16 this section shall be for the purpose of operating The
95 17 department shall operate a gambling treatment program and
95 18 shall be used for funding of administrative costs and to
95 19 provide programs which may include, but are not limited to,
95 20 outpatient and follow=up treatment for persons affected by
95 21 problem gambling, rehabilitation and residential treatment
95 22 programs, information and referral services, crisis call
95 23 access, education and preventive services, and financial
95 24 management and credit counseling services.
95 25 b. A person shall not maintain or conduct a gambling
95 26 treatment program funded under this section through the
95 27 department unless the person has obtained a license for the
95 28 program from the department. The department shall adopt rules
95 29 to establish standards for the licensing and operation of
95 30 gambling treatment programs under this section. The rules
95 31 shall specify, but are not limited to specifying, the
95 32 qualifications for persons providing gambling treatment
95 33 services, standards for the organization and administration of
95 34 gambling treatment programs, and a mechanism to monitor
95 35 compliance with this section and the rules adopted under this
96 1 section.
96 2 3. Notwithstanding section 12C.7, subsection 2, interest
96 3 or earnings on moneys deposited in the gambling treatment fund
96 4 shall be credited to the gambling treatment fund.
96 5 Notwithstanding section 8.33, moneys credited to the gambling
96 6 treatment fund shall not revert to the fund from which
96 7 appropriated at the close of a fiscal year.
96 8 4. 2. The department shall report semiannually to the
96 9 legislative government oversight committees regarding the
96 10 operation of the gambling treatment fund and program. The
96 11 report shall include, but is not limited to, information on
96 12 revenues and expenses related to the fund for the previous
96 13 period, fund balances for the period, and the moneys expended
96 14 and grants awarded for operation of the gambling treatment
96 15 program.
96 16 Sec. 100. GAMBLING TREATMENT FUND BALANCE TRANSFERRED ==
96 17 EFFECTIVE DATE.
96 18 1. Moneys in the gambling treatment fund that remain
96 19 unencumbered or unobligated at the close of the fiscal year
96 20 beginning July 1, 2008, are transferred to the general fund of
96 21 the state.
96 22 2. This section of this Act, being deemed of immediate
96 23 importance, takes effect upon enactment.
96 24 DIVISION X
96 25 CHILD DEATH REVIEW TEAM
96 26 Sec. 101. Section 135.43, subsection 1, Code 2009, is
96 27 amended to read as follows:
96 28 1. An Iowa child death review team is established as an
96 29 independent agency of state government part of the office of
96 30 the state medical examiner. The Iowa department of public
96 31 health office of the state medical examiner shall provide
96 32 staffing and administrative support to the team.
96 33 Sec. 102. Section 135.43, subsection 2, unnumbered
96 34 paragraph 1, Code 2009, is amended to read as follows:
96 35 The membership of the review team is subject to the
97 1 provisions of sections 69.16 and 69.16A, relating to political
97 2 affiliation and gender balance. Review team members who are
97 3 not designated by another appointing authority shall be
97 4 appointed by the director of public health state medical
97 5 examiner. Membership terms shall be for three years. A
97 6 membership vacancy shall be filled in the same manner as the
97 7 original appointment. The review team shall elect a
97 8 chairperson and other officers as deemed necessary by the
97 9 review team. The review team shall meet upon the call of the
97 10 chairperson, upon the request of a state agency, or as
97 11 determined by the review team. The members of the team are
97 12 eligible for reimbursement of actual and necessary expenses
97 13 incurred in the performance of their official duties. The
97 14 review team shall include the following:
97 15 Sec. 103. Section 135.43, subsection 4, unnumbered
97 16 paragraph 1, Code 2009, is amended to read as follows:
97 17 The review team shall develop protocols for a child
97 18 fatality review committee, to be appointed by the director
97 19 state medical examiner on an ad hoc basis, to immediately
97 20 review the child abuse assessments which involve the fatality
97 21 of a child under age eighteen. The director state medical
97 22 examiner shall appoint a medical examiner, a pediatrician, and
97 23 a person involved with law enforcement to the committee.
97 24 Sec. 104. Section 135.43, subsections 7 and 8, Code 2009,
97 25 are amended to read as follows:
97 26 7. a. The state medical examiner, the Iowa department of
97 27 public health, and the department of human services shall
97 28 adopt rules providing for disclosure of information which is
97 29 confidential under chapter 22 or any other provision of state
97 30 law, to the review team for purposes of performing its child
97 31 death and child abuse review responsibilities.
97 32 b. A person in possession or control of medical,
97 33 investigative, assessment, or other information pertaining to
97 34 a child death and child abuse review shall allow the
97 35 inspection and reproduction of the information by the
98 1 department office of the state medical examiner upon the
98 2 request of the department office, to be used only in the
98 3 administration and for the duties of the Iowa child death
98 4 review team. Except as provided for a report on a child
98 5 fatality by an ad hoc child fatality review committee under
98 6 subsection 4, information and records produced under this
98 7 section which are confidential under section 22.7 and chapter
98 8 235A, and information or records received from the
98 9 confidential records, remain confidential under this section.
98 10 A person does not incur legal liability by reason of releasing
98 11 information to the department as required under and in
98 12 compliance with this section.
98 13 8. Review team members and their agents are immune from
98 14 any liability, civil or criminal, which might otherwise be
98 15 incurred or imposed as a result of any act, omission,
98 16 proceeding, decision, or determination undertaken or
98 17 performed, or recommendation made as a review team member or
98 18 agent provided that the review team members or agents acted in
98 19 good faith and without malice in carrying out their official
98 20 duties in their official capacity. The department state
98 21 medical examiner shall adopt rules pursuant to chapter 17A to
98 22 administer this subsection. A complainant bears the burden of
98 23 proof in establishing malice or lack of good faith in an
98 24 action brought against review team members involving the
98 25 performance of their duties and powers under this section.
98 26 Sec. 105. Section 691.6, Code 2009, is amended by adding
98 27 the following new subsection:
98 28 NEW SUBSECTION. 10. To provide staffing and support for
98 29 the child death review team and any child fatality review
98 30 committee under section 135.43.
98 31 Sec. 106. CHILD DEATH REVIEW TEAM RULES. The rules
98 32 adopted by the department of public health for purposes of the
98 33 child death review team under section 135.43 shall remain in
98 34 effect until replaced by rules adopted for purposes of that
98 35 section by the state medical examiner. Until replacement
99 1 rules are adopted, the office of the state medical examiner
99 2 shall fulfill the duties assigned to the department of public
99 3 health under the rules being replaced.
99 4 DIVISION XI
99 5 PUBLIC HEALTH MODERNIZATION
99 6 Sec. 107. LEGISLATIVE FINDINGS AND INTENT == PURPOSE. The
99 7 general assembly finds all of the following:
99 8 1. A sound public health system is vital to the good
99 9 health of all Iowans. Iowa's public health system reduces
99 10 health care costs by promoting healthy behaviors, preventing
99 11 disease and injury, and protecting the health of the
99 12 population.
99 13 2. The current foundation and organizational capacity for
99 14 the governmental public health system does not allow for the
99 15 equitable delivery of public health services. Governmental
99 16 public health is provided by county boards of health, city
99 17 boards of health, one district board of health, the state
99 18 board of health, and the department. Varying degrees of
99 19 authority, administration, and organizational capacity for
99 20 providing public health services exist from community to
99 21 community.
99 22 3. The Iowa public health modernization Act will allow
99 23 boards of health, designated local public health agencies, and
99 24 the department to increase system capacity, improve the
99 25 equitable delivery of public health services, address quality
99 26 improvement, improve system performance, and provide a
99 27 foundation to measure outcomes through a voluntary
99 28 accreditation program. The Iowa public health modernization
99 29 Act will assure the public of the availability of a basic
99 30 level of public health service in every community.
99 31 4. The Iowa public health modernization Act is the result
99 32 of extensive collaboration among governmental public health
99 33 entities, including local boards of health, local public
99 34 health agencies, the department, and the state board of
99 35 health; academia; and professional associations.
100 1 Sec. 108. NEW SECTION. 135A.1 SHORT TITLE.
100 2 This chapter shall be known and may be cited as the "Iowa
100 3 Public Health Modernization Act".
100 4 Sec. 109. NEW SECTION. 135A.2 DEFINITIONS.
100 5 As used in this chapter, unless the context otherwise
100 6 requires, the following definitions apply:
100 7 1. "Academic institution" means an institution of higher
100 8 education in the state which grants undergraduate and
100 9 postgraduate degrees and is accredited by a nationally
100 10 recognized accrediting agency as determined by the United
100 11 States secretary of education. For purposes of this
100 12 definition, "accredited" means a certification of the quality
100 13 of an institution of higher education.
100 14 2. "Accrediting entity" means a legal, independent,
100 15 nonprofit or governmental entity or entities approved by the
100 16 state board of health for the purpose of accrediting
100 17 designated local public health agencies and the department
100 18 pursuant to the voluntary accreditation program developed
100 19 under this chapter.
100 20 3. "Administration" means the operational procedures,
100 21 personnel and fiscal management systems, and facility
100 22 requirements that must be in place for the delivery and
100 23 assurance of public health services.
100 24 4. "Committee" means the governmental public health
100 25 evaluation committee as established in this chapter.
100 26 5. "Communication and information technology" means the
100 27 processes, procedures, and equipment needed to provide public
100 28 information and transmit and receive information among public
100 29 health entities and community partners; and applies to the
100 30 procedures, physical hardware, and software required to
100 31 transmit, receive, and process electronic information.
100 32 6. "Council" means the governmental public health advisory
100 33 council as established in this chapter.
100 34 7. "Department" means the department of public health.
100 35 8. "Designated local public health agency" means an entity
101 1 that is either governed by or contractually responsible to a
101 2 local board of health and designated by the local board to
101 3 comply with the Iowa public health standards for a
101 4 jurisdiction.
101 5 9. "Governance" means the functions and responsibilities
101 6 of the local boards of health and the state board of health to
101 7 oversee governmental public health matters.
101 8 10. "Governmental public health system" means the system
101 9 described in section 135A.6.
101 10 11. "Iowa public health standards" means the governmental
101 11 public health standards adopted by rule by the state board of
101 12 health.
101 13 12. "Local board of health" means a county or district
101 14 board of health.
101 15 13. "Organizational capacity" means the governmental
101 16 public health infrastructure that must be in place in order to
101 17 deliver public health services.
101 18 14. "Public health region" means, at a minimum, one of six
101 19 geographical areas approved by the state board of health for
101 20 the purposes of coordination, resource sharing, and planning
101 21 and to improve delivery of public health services.
101 22 15. "Public health services" means the basic public health
101 23 services that all Iowans should reasonably expect to be
101 24 provided by designated local public health agencies and the
101 25 department.
101 26 16. "Voluntary accreditation" means verification of a
101 27 designated local public health agency or the department that
101 28 demonstrates compliance with the Iowa public health standards
101 29 by an accrediting entity.
101 30 17. "Workforce" means the necessary qualified and
101 31 competent staff required to deliver public health services.
101 32 Sec. 110. NEW SECTION. 135A.3 GOVERNMENTAL PUBLIC HEALTH
101 33 SYSTEM MODERNIZATION == LEAD AGENCY.
101 34 1. The department is designated as the lead agency in this
101 35 state to administer this chapter.
102 1 2. The department, in collaboration with the governmental
102 2 public health advisory council and the governmental public
102 3 health evaluation committee, shall coordinate implementation
102 4 of this chapter including but not limited to the voluntary
102 5 accreditation of designated local public health agencies and
102 6 the department in accordance with the Iowa public health
102 7 standards. Such implementation shall include evaluation of
102 8 and quality improvement measures for the governmental public
102 9 health system.
102 10 Sec. 111. NEW SECTION. 135A.4 GOVERNMENTAL PUBLIC HEALTH
102 11 ADVISORY COUNCIL.
102 12 1. A governmental public health advisory council is
102 13 established to advise the department and make policy
102 14 recommendations to the director of the department concerning
102 15 administration, implementation, and coordination of this
102 16 chapter and to make recommendations to the department
102 17 regarding the governmental public health system. The council
102 18 shall meet at a minimum of quarterly. The council shall
102 19 consist of no fewer than fifteen members and no greater than
102 20 twenty=three members. The members shall be appointed by the
102 21 director. The director may solicit and consider
102 22 recommendations from professional organizations, associations,
102 23 and academic institutions in making appointments to the
102 24 council.
102 25 2. Council members shall not be members of the
102 26 governmental public health evaluation committee.
102 27 3. Council members shall serve for a term of two years and
102 28 may be reappointed for a maximum of three consecutive terms.
102 29 Initial appointment shall be in staggered terms. Vacancies
102 30 shall be filled for the remainder of the original appointment.
102 31 4. The membership of the council shall satisfy all of the
102 32 following requirements:
102 33 a. One member who has expertise in injury prevention.
102 34 b. One member who has expertise in environmental health.
102 35 c. One member who has expertise in emergency preparedness.
103 1 d. One member who has expertise in health promotion and
103 2 chronic disease prevention.
103 3 e. One member who has epidemiological expertise in
103 4 communicable and infectious disease prevention and control.
103 5 f. One member representing each of Iowa's six public
103 6 health regions who is an employee of a designated local public
103 7 health agency or member of a local board of health. Such
103 8 members shall include a minimum of one local public health
103 9 administrator and one physician member of a local board of
103 10 health.
103 11 g. Two members who are representatives of the department.
103 12 h. The director of the state hygienic laboratory at the
103 13 university of Iowa, or the director's designee.
103 14 i. At least one representative from academic institutions
103 15 which grant undergraduate and postgraduate degrees in public
103 16 health or other related health field and are accredited by a
103 17 nationally recognized accrediting agency as determined by the
103 18 United States secretary of education. For purposes of this
103 19 paragraph, "accredited" means a certification of the quality
103 20 of an institution of higher education.
103 21 j. Two members who serve on a county board of supervisors.
103 22 k. Four nonvoting, ex officio members who shall consist of
103 23 four members of the general assembly, two from the senate and
103 24 two from the house of representatives, with not more than one
103 25 member from each chamber being from the same political party.
103 26 The two senators shall be designated one member each by the
103 27 majority leader of the senate after consultation with the
103 28 president and by the minority leader of the senate. The two
103 29 representatives shall be designated one member each by the
103 30 speaker of the house of representatives after consultation
103 31 with the majority leader of the house of representatives and
103 32 by the minority leader of the house of representatives.
103 33 l. A member of the state board of health who shall be a
103 34 nonvoting, ex officio member.
103 35 5. The council may utilize other relevant public health
104 1 expertise when necessary to carry out its roles and
104 2 responsibilities.
104 3 6. The council shall do all of the following:
104 4 a. Advise the department and make policy recommendations
104 5 to the director of the department concerning administration,
104 6 implementation, and coordination of this chapter and the
104 7 governmental public health system.
104 8 b. Propose to the director public health standards that
104 9 should be utilized for voluntary accreditation of designated
104 10 local public health agencies and the department that include
104 11 but are not limited to the organizational capacity and public
104 12 health service components described in section 135A.6,
104 13 subsection 1, by October 1, 2009.
104 14 c. Recommend to the department an accrediting entity and
104 15 identify the roles and responsibilities for the oversight and
104 16 implementation of the voluntary accreditation of designated
104 17 local public health agencies and the department by January 2,
104 18 2010. This shall include completion of a pilot accreditation
104 19 process for one designated local public health agency and the
104 20 department by July 1, 2011.
104 21 d. Recommend to the director strategies to implement
104 22 voluntary accreditation of designated local public health
104 23 agencies and the department effective January 2, 2012.
104 24 e. Periodically review and make recommendations to the
104 25 department regarding revisions to the public health standards
104 26 pursuant to paragraph "b", as needed and based on reports
104 27 prepared by the governmental public health evaluation
104 28 committee pursuant to section 135A.5.
104 29 f. Review rules developed and adopted by the state board
104 30 of health under this chapter and make recommendations to the
104 31 department for revisions to further promote implementation of
104 32 this chapter and modernization of the governmental public
104 33 health system.
104 34 g. Form and utilize subcommittees as necessary to carry
104 35 out the duties of the council.
105 1 Sec. 112. NEW SECTION. 135A.5 GOVERNMENTAL PUBLIC HEALTH
105 2 EVALUATION COMMITTEE.
105 3 1. A governmental public health evaluation committee is
105 4 established to develop, implement, and evaluate the
105 5 governmental public health system and voluntary accreditation
105 6 program. The committee shall meet at least quarterly. The
105 7 committee shall consist of no fewer than eleven members and no
105 8 greater than thirteen members. The members shall be appointed
105 9 by the director of the department. The director may solicit
105 10 and consider recommendations from professional organizations,
105 11 associations, and academic institutions in making appointments
105 12 to the committee.
105 13 2. Committee members shall not be members of the
105 14 governmental public health advisory council.
105 15 3. Committee members shall serve for a term of two years
105 16 and may be reappointed for a maximum of three consecutive
105 17 terms. Initial appointment shall be in staggered terms.
105 18 Vacancies shall be filled for the remainder of the original
105 19 appointment.
105 20 4. The membership of the committee shall satisfy all of
105 21 the following requirements:
105 22 a. At least one member representing each of Iowa's six
105 23 public health regions. Each representative shall be an
105 24 employee or administrator of a designated local public health
105 25 agency or a member of a local board of health. Such members
105 26 shall be appointed to ensure expertise in the areas of
105 27 communicable and infectious diseases, environmental health,
105 28 injury prevention, healthy behaviors, and emergency
105 29 preparedness.
105 30 b. Two members who are representatives of the department.
105 31 c. A representative of the state hygienic laboratory at
105 32 the university of Iowa.
105 33 d. At least two representatives from academic institutions
105 34 which grant undergraduate and postgraduate degrees in public
105 35 health or other health=related fields.
106 1 e. At least one economist who has demonstrated experience
106 2 in public health, health care, or a health=related field.
106 3 f. At least one research analyst.
106 4 5. The committee may utilize other relevant public health
106 5 expertise when necessary to carry out its roles and
106 6 responsibilities.
106 7 6. The committee shall do all of the following:
106 8 a. Develop and implement processes for evaluation of the
106 9 governmental public health system and the voluntary
106 10 accreditation program.
106 11 b. Collect and report baseline information for
106 12 organizational capacity and public health service delivery
106 13 based on the Iowa public health standards prior to
106 14 implementation of the voluntary accreditation program on
106 15 January 2, 2012.
106 16 c. Evaluate the effectiveness of the accrediting entity
106 17 and the voluntary accreditation process.
106 18 d. Evaluate the appropriateness of the Iowa public health
106 19 standards and develop measures to determine reliability and
106 20 validity.
106 21 e. Determine what process and outcome improvements in the
106 22 governmental public health system are attributable to
106 23 voluntary accreditation.
106 24 f. Assure that the evaluation process is capturing data to
106 25 support key research in public health system effectiveness and
106 26 health outcomes.
106 27 g. Annually submit a report to the department by July 1.
106 28 h. Form and utilize subcommittees as necessary to carry
106 29 out the duties of the committee.
106 30 Sec. 113. NEW SECTION. 135A.6 GOVERNMENTAL PUBLIC HEALTH
106 31 SYSTEM.
106 32 1. The governmental public health system, in accordance
106 33 with the Iowa public health standards, shall include but not
106 34 be limited to the following organizational capacity components
106 35 and public health service components:
107 1 a. Organizational capacity components shall include all of
107 2 the following:
107 3 (1) Governance.
107 4 (2) Administration.
107 5 (3) Communication and information technology.
107 6 (4) Workforce.
107 7 (5) Community assessment and planning. This component
107 8 consists of collaborative data collection and analysis for the
107 9 completion of population=based community health assessments
107 10 and community health profiles and the process of developing
107 11 improvement plans to address the community health needs and
107 12 identified gaps in public health services.
107 13 (6) Evaluation.
107 14 b. Public health service components shall include all of
107 15 the following:
107 16 (1) Prevention of epidemics and the spread of disease.
107 17 This component includes the surveillance, detection,
107 18 investigation, and prevention and control measures that
107 19 prevent, reduce, or eliminate the spread of infectious
107 20 disease.
107 21 (2) Protection against environmental hazards. This
107 22 component includes activities that reduce or eliminate the
107 23 risk factors detrimental to the public's health within the
107 24 natural or man=made environment.
107 25 (3) Prevention of injuries. This component includes
107 26 activities that facilitate the prevention, reduction, or
107 27 elimination of intentional and unintentional injuries.
107 28 (4) Promotion of healthy behaviors. This component
107 29 includes activities to assure services that promote healthy
107 30 behaviors to prevent chronic disease and reduce illness.
107 31 (5) Preparation for, response to, and recovery from public
107 32 health emergencies. This component includes activities to
107 33 prepare the public health system and community partners to
107 34 respond to public health threats, emergencies, and disasters
107 35 and to assist in the recovery process.
108 1 2. The governmental public health system shall include but
108 2 not be limited to the following entities:
108 3 a. Local boards of health.
108 4 b. State board of health.
108 5 c. Designated local public health agencies.
108 6 d. The department.
108 7 Sec. 114. NEW SECTION. 135A.7 GOVERNMENTAL PUBLIC HEALTH
108 8 SYSTEM AND ACCREDITATION DATA COLLECTION SYSTEM.
108 9 1. The department shall establish and maintain a
108 10 governmental public health system and an accreditation data
108 11 collection system by which the state board of health, the
108 12 director, the department, the council, and the committee may
108 13 monitor the implementation and effectiveness of the
108 14 governmental public health system based on the Iowa public
108 15 health standards.
108 16 2. Notwithstanding section 22.7 or any other provision of
108 17 law, local boards of health shall provide to the department
108 18 and the accrediting entity upon request all data and
108 19 information necessary to determine the local board's capacity
108 20 to comply with the Iowa public health standards, including but
108 21 not limited to data and information regarding governance,
108 22 administration, communication and information technology,
108 23 workforce, personnel, staffing, budget, contracts, and other
108 24 program and agency information.
108 25 3. The department may share any data or information
108 26 collected pursuant to this section with the council or the
108 27 committee as necessary to perform the duties of the council
108 28 and committee. Data and information provided to the
108 29 department under this section which are confidential pursuant
108 30 to section 22.7, subsection 2, 11, or 50, section 139A.3, or
108 31 other provision of law, remain confidential and shall not be
108 32 released by the department, the council, or the committee.
108 33 4. During the pendency of the accreditation process, all
108 34 accreditation files and reports prepared for or maintained by
108 35 the accrediting entity are confidential and are not subject to
109 1 discovery, subpoena, or other means of legal compulsion for
109 2 their release. After the accrediting entity has issued its
109 3 recommendation or report only the preliminary drafts of the
109 4 recommendation or report, and records otherwise confidential
109 5 pursuant to chapter 22 or other provision of state or federal
109 6 law, shall remain confidential and are not subject to
109 7 discovery, subpoena, or other means of legal compulsion for
109 8 their release.
109 9 5. To the extent possible, activities under this section
109 10 shall be coordinated with other health data collection systems
109 11 including those maintained by the department.
109 12 Sec. 115. NEW SECTION. 135A.8 GOVERNMENTAL PUBLIC HEALTH
109 13 SYSTEM FUND.
109 14 1. The department is responsible for the funding of the
109 15 administrative costs for implementation of this chapter. A
109 16 governmental public health system fund is created as a
109 17 separate fund in the state treasury under the control of the
109 18 department. The fund shall consist of moneys obtained from
109 19 any source, including the federal government, unless otherwise
109 20 prohibited by law or the entity providing the funding. Moneys
109 21 deposited in the fund are appropriated to the department for
109 22 the public health purposes specified in this chapter. Moneys
109 23 in the fund shall not be transferred, used, obligated,
109 24 appropriated, or otherwise encumbered except as provided in
109 25 this section. Notwithstanding section 8.33, moneys in the
109 26 governmental public health system fund at the end of the
109 27 fiscal year shall not revert to any other fund but shall
109 28 remain in the fund for subsequent fiscal years.
109 29 2. The fund is established to assist local boards of
109 30 health and the department with the provision of governmental
109 31 public health system organizational capacity and public health
109 32 service delivery and to achieve and maintain voluntary
109 33 accreditation in accordance with the Iowa public health
109 34 standards. At least seventy percent of the funds shall be
109 35 made available to local boards of health and up to thirty
110 1 percent of the funds may be utilized by the department.
110 2 3. Moneys in the fund may be allocated by the department
110 3 to a local board of health for organizational capacity and
110 4 service delivery. Such allocation may be made on a matching,
110 5 dollar=for=dollar basis for the acquisition of equipment, or
110 6 by providing grants to achieve and maintain voluntary
110 7 accreditation in accordance with the Iowa public health
110 8 standards.
110 9 4. A local board of health seeking matching funds or
110 10 grants under this section shall apply to the department. The
110 11 state board of health shall adopt rules concerning the
110 12 application and award process for the allocation of moneys in
110 13 the fund and shall establish the criteria for the allocation
110 14 of moneys in the fund if the moneys are insufficient to meet
110 15 the needs of local boards of health.
110 16 Sec. 116. NEW SECTION. 135A.9 RULES.
110 17 The state board of health shall adopt rules pursuant to
110 18 chapter 17A to implement this chapter which shall include but
110 19 are not limited to the following:
110 20 1. Incorporation of the Iowa public health standards
110 21 recommended to the department pursuant to section 135A.5,
110 22 subsection 6.
110 23 2. A voluntary accreditation process to begin no later
110 24 than January 2, 2012, for designated local public health
110 25 agencies and the department.
110 26 3. Rules relating to the operation of the governmental
110 27 public health advisory council.
110 28 4. Rules relating to the operation of the governmental
110 29 public health system evaluation committee.
110 30 5. The application and award process for governmental
110 31 public health system fund moneys.
110 32 6. Rules relating to data collection for the governmental
110 33 public health system and the voluntary accreditation program.
110 34 7. Rules otherwise necessary to implement the chapter.
110 35 Sec. 117. NEW SECTION. 135A.10 PROHIBITED ACTS ==
111 1 FRAUDULENTLY CLAIMING ACCREDITATION == CIVIL PENALTY.
111 2 A local board of health or local public health agency that
111 3 imparts or conveys, or causes to be imparted or conveyed,
111 4 information claiming that it is accredited pursuant to this
111 5 chapter or that uses any other term to indicate or imply it is
111 6 accredited without being accredited under this chapter is
111 7 subject to a civil penalty not to exceed one thousand dollars
111 8 per day for each offense. However, nothing in this chapter
111 9 shall be construed to restrict a local board of health or
111 10 local public health agency from providing any services for
111 11 which it is duly authorized.
111 12 Sec. 118. NEW SECTION. 135A.11 IMPLEMENTATION.
111 13 The department shall implement this chapter only to the
111 14 extent that funding is available.
111 15 Sec. 119. EFFECTIVE DATE. This division of this Act,
111 16 being deemed of immediate importance, takes effect upon
111 17 enactment.
111 18 DIVISION XII
111 19 MISCELLANEOUS STATUTORY CHANGES
111 20 Sec. 120. Section 234.12A, subsection 1, Code 2009, is
111 21 amended to read as follows:
111 22 1. The department of human services shall maintain an
111 23 electronic benefits transfer program utilizing electronic
111 24 funds transfer systems for the food assistance program. The
111 25 electronic benefits transfer program implemented under this
111 26 section shall at a minimum provide for all of the following:
111 27 a. A retailer shall not be required require a retailer to
111 28 make cash disbursements or to provide, purchase, or upgrade
111 29 electronic funds transfer system equipment as a condition of
111 30 participation in the program.
111 31 b. A retailer providing electronic funds transfer system
111 32 equipment for transactions pursuant to the program shall be
111 33 reimbursed seven cents for each approved transaction pursuant
111 34 to the program utilizing the retailer's equipment.
111 35 c. A retailer that provides electronic funds transfer
112 1 system equipment for transactions pursuant to the program and
112 2 who makes cash disbursements pursuant to the program utilizing
112 3 the retailer's equipment shall be paid a fee of seven cents by
112 4 the department for each cash disbursement transaction by the
112 5 retailer.
112 6 Sec. 121. Section 237B.1, subsection 3, Code 2009, is
112 7 amended to read as follows:
112 8 3. In establishing the initial and subsequent standards,
112 9 the department of human services shall review other
112 10 certification and licensing standards applicable to the
112 11 centers. The standards established by the department shall be
112 12 broad facility standards for the protection of children's
112 13 safety. The department shall also apply criminal and abuse
112 14 registry background check requirements for the persons who
112 15 own, operate, staff, participate in, or otherwise have contact
112 16 with the children receiving services from a children's center.
112 17 The background check requirements shall be substantially
112 18 equivalent to those applied under chapter 237 for a child
112 19 foster care facility provider. The department of human
112 20 services shall not establish program standards or other
112 21 requirements under this section involving program development
112 22 or oversight of the programs provided to the children served
112 23 by children's centers.
112 24 Sec. 122. Section 249A.3, subsection 14, Code 2009, is
112 25 amended to read as follows:
112 26 14. Once initial ongoing eligibility for the family
112 27 medical assistance program=related medical assistance is
112 28 determined for a child described under subsection 1, paragraph
112 29 "b", "f", "g", "j", "k", "l", or "n" or under subsection 2,
112 30 paragraph "e", "f", or "h" the age of nineteen, the department
112 31 shall provide continuous eligibility for a period of up to
112 32 twelve months regardless of changes in family circumstances,
112 33 until the child's next annual review of eligibility under the
112 34 medical assistance program, if the child would otherwise be
112 35 determined ineligible due to excess countable income but
113 1 otherwise remains eligible with the exception of the following
113 2 children:
113 3 a. A newborn child of a medical assistance=eligible woman.
113 4 b. A child whose eligibility was determined under the
113 5 medically needy program.
113 6 c. A child who is eligible under a state=only funded
113 7 program.
113 8 d. A child who is no longer an Iowa resident.
113 9 e. A child who is incarcerated in a jail or other
113 10 correctional institution.
113 11 Sec. 123. EFFECTIVE DATE == RETROACTIVE APPLICABILITY.
113 12 The section of this division of this Act amending section
113 13 249A.3, subsection 14, being deemed of immediate importance,
113 14 takes effect upon enactment and is retroactively applicable to
113 15 July 1, 2008.
113 16 Sec. 124. CODE EDITOR DIRECTIVE == INTENT.
113 17 1. References in this Act to the department of elder
113 18 affairs mean the department on aging in accordance with 2009
113 19 Iowa Acts, Senate File 204, as enacted, unless a contrary
113 20 intent is clearly evident.
113 21 2. The Iowa Code editor is directed to make conforming
113 22 changes, as appropriate, to codified provisions of this Act to
113 23 reflect the provisions of 2009 Iowa Acts, Senate File 204, as
113 24 enacted, including but not limited to replacing the words
113 25 "department of elder affairs" with the words "department on
113 26 aging".
113 27 Sec. 125. Sections 237A.28 and 422.100, Code 2009, are
113 28 repealed.
113 29 HF 811
113 30 pf/cm/25