Senate File 2336 - Reprinted SENATE FILE 2336 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3201) (As Amended and Passed by the Senate April 12, 2012 ) A BILL FOR An Act relating to appropriations for health and human services 1 and including other related provisions and appropriations, 2 making penalties applicable, and including effective, 3 retroactive, and applicability date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 2336 (5) 84 pf/jp/jh
S.F. 2336 DIVISION I 1 DEPARTMENT ON AGING 2 Section 1. 2011 Iowa Acts, chapter 129, section 113, is 3 amended to read as follows: 4 SEC. 113. DEPARTMENT ON AGING. There is appropriated from 5 the general fund of the state to the department on aging for 6 the fiscal year beginning July 1, 2012, and ending June 30, 7 2013, the following amount, or so much thereof as is necessary, 8 to be used for the purposes designated: 9 For aging programs for the department on aging and area 10 agencies on aging to provide citizens of Iowa who are 60 years 11 of age and older with case management for frail elders, Iowa’s 12 aging and disabilities resource center, and other services 13 which may include but are not limited to adult day services, 14 respite care, chore services, information and assistance, 15 and material aid, for information and options counseling for 16 persons with disabilities who are 18 years of age or older, 17 and for salaries, support, administration, maintenance, and 18 miscellaneous purposes, and for not more than the following 19 full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,151,288 21 10,402,577 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.00 36.00 23 1. Funds appropriated in this section may be used to 24 supplement federal funds under federal regulations. To 25 receive funds appropriated in this section, a local area 26 agency on aging shall match the funds with moneys from other 27 sources according to rules adopted by the department. Funds 28 appropriated in this section may be used for elderly services 29 not specifically enumerated in this section only if approved 30 by an area agency on aging for provision of the service within 31 the area. 32 2. The amount appropriated in this section includes 33 additional funding of $225,000 for delivery of long-term care 34 services to seniors with low or moderate incomes. 35 -1- SF 2336 (5) 84 pf/jp/jh 1/ 96
S.F. 2336 3. Of the funds appropriated in this section, $89,973 1 $179,946 shall be transferred to the department of economic 2 development for the Iowa commission on volunteer services to be 3 used for the retired and senior volunteer program. 4 4. a. The department on aging shall establish and enforce 5 procedures relating to expenditure of state and federal funds 6 by area agencies on aging that require compliance with both 7 state and federal laws, rules, and regulations, including but 8 not limited to all of the following: 9 (1) Requiring that expenditures are incurred only for goods 10 or services received or performed prior to the end of the 11 fiscal period designated for use of the funds. 12 (2) Prohibiting prepayment for goods or services not 13 received or performed prior to the end of the fiscal period 14 designated for use of the funds. 15 (3) Prohibiting the prepayment for goods or services 16 not defined specifically by good or service, time period, or 17 recipient. 18 (4) Prohibiting the establishment of accounts from which 19 future goods or services which are not defined specifically by 20 good or service, time period, or recipient, may be purchased. 21 b. The procedures shall provide that if any funds are 22 expended in a manner that is not in compliance with the 23 procedures and applicable federal and state laws, rules, and 24 regulations, and are subsequently subject to repayment, the 25 area agency on aging expending such funds in contravention of 26 such procedures, laws, rules and regulations, not the state, 27 shall be liable for such repayment. 28 5. Of the funds appropriated in this section, $100,000 29 shall be used to provide an additional local long-term care 30 resident’s advocate to administer the certified volunteer 31 long-term care resident’s advocate program pursuant to section 32 231.45 as enacted in this 2012 Act. It is the intent of the 33 general assembly that the number of local long-term care 34 resident’s advocates as provided in section 231.42 be increased 35 -2- SF 2336 (5) 84 pf/jp/jh 2/ 96
S.F. 2336 each year until 15 local long-term care resident’s advocates 1 are available in the state. 2 DIVISION II 3 DEPARTMENT OF PUBLIC HEALTH 4 Sec. 2. 2011 Iowa Acts, chapter 129, section 114, is amended 5 to read as follows: 6 SEC. 114. DEPARTMENT OF PUBLIC HEALTH. There is 7 appropriated from the general fund of the state to the 8 department of public health for the fiscal year beginning July 9 1, 2012, and ending June 30, 2013, the following amounts, or 10 so much thereof as is necessary, to be used for the purposes 11 designated: 12 1. ADDICTIVE DISORDERS 13 For reducing the prevalence of use of tobacco, alcohol, and 14 other drugs, and treating individuals affected by addictive 15 behaviors, including gambling, and for not more than the 16 following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,751,595 18 25,653,190 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 20 a. (1) Of the funds appropriated in this subsection, 21 $1,626,915 $5,403,830 shall be used for the tobacco use 22 prevention and control initiative, including efforts at the 23 state and local levels, as provided in chapter 142A . The 24 commission on tobacco use prevention and control established 25 pursuant to section 142A.3 shall advise the director of 26 public health in prioritizing funding needs and the allocation 27 of moneys appropriated for the programs and activities of 28 the initiative under this subparagraph (1) and shall make 29 recommendations to the director in the development of budget 30 requests relating to the initiative. 31 (2) (a) Of the funds allocated in this paragraph “a”, 32 $226,915 $453,830 shall be transferred to the alcoholic 33 beverages division of the department of commerce for 34 enforcement of tobacco laws, regulations, and ordinances in 35 -3- SF 2336 (5) 84 pf/jp/jh 3/ 96
S.F. 2336 accordance with 2011 Iowa Acts, House File 467 , as enacted 1 chapter 63 . 2 (b) For the fiscal year beginning July 1, 2012, and ending 3 June 30, 2013, the terms of a chapter 28D agreement, entered 4 into between the division of tobacco use prevention and control 5 of the department of public health and the alcoholic beverages 6 division of the department of commerce, governing compliance 7 checks conducted to ensure licensed retail tobacco outlet 8 conformity with tobacco laws, regulations, and ordinances 9 relating to persons under eighteen years of age, shall restrict 10 the number of such checks to one check per retail outlet, and 11 one additional check for any retail outlet found to be in 12 violation during the first check. 13 b. Of the funds appropriated in this subsection, 14 $10,124,680 $20,249,360 shall be used for problem gambling and 15 substance abuse prevention, treatment, and recovery services, 16 including a 24-hour helpline, public information resources, 17 professional training, and program evaluation. 18 (1) Of the funds allocated in this paragraph “b”, $8,566,254 19 $17,132,508 shall be used for substance abuse prevention and 20 treatment. 21 (a) Of the funds allocated in this subparagraph (1), 22 $449,650 $899,300 shall be used for the public purpose of a 23 grant program to provide substance abuse prevention programming 24 for children. 25 (i) Of the funds allocated in this subparagraph division 26 (a), $213,769 $427,539 shall be used for grant funding for 27 organizations that provide programming for children by 28 utilizing mentors. Programs approved for such grants shall be 29 certified or will be certified within six months of receiving 30 the grant award by the Iowa commission on volunteer services as 31 utilizing the standards for effective practice for mentoring 32 programs. 33 (ii) Of the funds allocated in this subparagraph division 34 (a), $213,419 $426,839 shall be used for grant funding for 35 -4- SF 2336 (5) 84 pf/jp/jh 4/ 96
S.F. 2336 organizations that provide programming that includes youth 1 development and leadership. The programs shall also be 2 recognized as being programs that are scientifically based with 3 evidence of their effectiveness in reducing substance abuse in 4 children. 5 (iii) The department of public health shall utilize a 6 request for proposals process to implement the grant program. 7 (iv) All grant recipients shall participate in a program 8 evaluation as a requirement for receiving grant funds. 9 (v) Of the funds allocated in this subparagraph division 10 (a), up to $22,461 $44,922 may be used to administer substance 11 abuse prevention grants and for program evaluations. 12 (b) Of the funds allocated in this subparagraph (1), 13 $136,531 $273,062 shall be used for culturally competent 14 substance abuse treatment pilot projects. 15 (i) The department shall utilize the amount allocated 16 in this subparagraph division (b) for at least three pilot 17 projects to provide culturally competent substance abuse 18 treatment in various areas of the state. Each pilot project 19 shall target a particular ethnic minority population. The 20 populations targeted shall include but are not limited to 21 African American, Asian, and Latino. 22 (ii) The pilot project requirements shall provide for 23 documentation or other means to ensure access to the cultural 24 competence approach used by a pilot project so that such 25 approach can be replicated and improved upon in successor 26 programs. 27 (2) Of the funds allocated in this paragraph “b”, up 28 to $1,558,426 $3,116,852 may be used for problem gambling 29 prevention, treatment, and recovery services. 30 (a) Of the funds allocated in this subparagraph (2), 31 $1,289,500 $2,579,000 shall be used for problem gambling 32 prevention and treatment. 33 (b) Of the funds allocated in this subparagraph (2), up to 34 $218,926 $437,852 may be used for a 24-hour helpline, public 35 -5- SF 2336 (5) 84 pf/jp/jh 5/ 96
S.F. 2336 information resources, professional training, and program 1 evaluation. 2 (c) Of the funds allocated in this subparagraph (2), up 3 to $50,000 $100,000 may be used for the licensing of problem 4 gambling treatment programs. 5 (3) It is the intent of the general assembly that from the 6 moneys allocated in this paragraph “b”, persons with a dual 7 diagnosis of substance abuse and gambling addictions shall be 8 given priority in treatment services. 9 c. Notwithstanding any provision of law to the contrary, 10 to standardize the availability, delivery, cost of delivery, 11 and accountability of problem gambling and substance abuse 12 treatment services statewide, the department shall continue 13 implementation of a process to create a system for delivery 14 of treatment services in accordance with the requirements 15 specified in 2008 Iowa Acts, chapter 1187, section 3, 16 subsection 4. To ensure the system provides a continuum of 17 treatment services that best meets the needs of Iowans, the 18 problem gambling and substance abuse treatment services in any 19 area may be provided either by a single agency or by separate 20 agencies submitting a joint proposal. 21 (1) The system for delivery of substance abuse and problem 22 gambling treatment shall include problem gambling prevention. 23 (2) The system for delivery of substance abuse and problem 24 gambling treatment shall include substance abuse prevention by 25 July 1, 2014. 26 (3) Of the funds allocated in paragraph “b”, the department 27 may use up to $50,000 $100,000 for administrative costs to 28 continue developing and implementing the process in accordance 29 with this paragraph “c”. 30 d. The requirement of section 123.53, subsection 5 , is met 31 by the appropriations and allocations made in this Act for 32 purposes of substance abuse treatment and addictive disorders 33 for the fiscal year beginning July 1, 2012. 34 e. The department of public health shall work with all other 35 -6- SF 2336 (5) 84 pf/jp/jh 6/ 96
S.F. 2336 departments that fund substance abuse prevention and treatment 1 services and all such departments shall, to the extent 2 necessary, collectively meet the state maintenance of effort 3 requirements for expenditures for substance abuse services 4 as required under the federal substance abuse prevention and 5 treatment block grant. 6 f. The department shall amend or otherwise revise 7 departmental policies and contract provisions in order to 8 eliminate free t-shirt distribution, banner production, and 9 other unnecessary promotional expenditures. 10 2. HEALTHY CHILDREN AND FAMILIES 11 For promoting the optimum health status for children, 12 adolescents from birth through 21 years of age, and families, 13 and for not more than the following full-time equivalent 14 positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,135 16 2,694,270 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 18 a. Of the funds appropriated in this subsection, not 19 more than $369,659 $739,318 shall be used for the healthy 20 opportunities to experience success (HOPES)-healthy families 21 Iowa (HFI) program established pursuant to section 135.106 . 22 The funding shall be distributed to renew the grants that were 23 provided to the grantees that operated the program during the 24 fiscal year ending June 30, 2012. 25 0b. (1) In order to implement the legislative intent 26 stated in sections 135.106 and 256I.9, that priority for 27 home visitation program funding be given to programs using 28 evidence-based or promising models for home visitation, it is 29 the intent of the general assembly to phase-in the funding 30 priority as follows: 31 (a) By July 1, 2013, 25 percent of state funds expended 32 for home visiting programs are for evidence-based or promising 33 program models. 34 (b) By July 1, 2014, 50 percent of state funds expended 35 -7- SF 2336 (5) 84 pf/jp/jh 7/ 96
S.F. 2336 for home visiting programs are for evidence-based or promising 1 program models. 2 (c) By July 1, 2015, 75 percent of state funds expended 3 for home visiting programs are for evidence-based or promising 4 program models. 5 (d) By July 1, 2016, 90 percent of state funds expended 6 for home visiting programs are for evidence-based or promising 7 program models. The remaining 10 percent of funds may be 8 used for innovative program models that do not yet meet the 9 definition of evidence-based or promising programs. 10 (2) For the purposes of this lettered paragraph, unless the 11 context otherwise requires: 12 (a) “Evidence-based program” means a program that is based 13 on scientific evidence demonstrating that the program model 14 is effective. An evidence-based program shall be reviewed 15 onsite and compared to program model standards by the model 16 developer or the developer’s designee at least every five years 17 to ensure that the program continues to maintain fidelity 18 with the program model. The program model shall have had 19 demonstrated significant and sustained positive outcomes in an 20 evaluation utilizing a well-designed and rigorous randomized 21 controlled research design or a quasi-experimental research 22 design, and the evaluation results shall have been published in 23 a peer-reviewed journal. 24 (b) “Family support programs” includes group-based parent 25 education or home visiting programs that are designed to 26 strengthen protective factors, including parenting skills, 27 increasing parental knowledge of child development, and 28 increasing family functioning and problem solving skills. A 29 family support program may be used as an early intervention 30 strategy to improve birth outcomes, parental knowledge, family 31 economic success, the home learning environment, family and 32 child involvement with others, and coordination with other 33 community resources. A family support program may have a 34 specific focus on preventing child maltreatment or ensuring 35 -8- SF 2336 (5) 84 pf/jp/jh 8/ 96
S.F. 2336 children are safe, healthy, and ready to succeed in school. 1 (c) “Promising program” means a program that meets all of 2 the following requirements: 3 (i) The program conforms to a clear, consistent family 4 support model that has been in existence for at least three 5 years. 6 (ii) The program is grounded in relevant empirically-based 7 knowledge. 8 (iii) The program is linked to program-determined outcomes. 9 (iv) The program is associated with a national or state 10 organization that either has comprehensive program standards 11 that ensure high-quality service delivery and continuous 12 program quality improvement or the program model has 13 demonstrated through the program’s benchmark outcomes that the 14 program has achieved significant positive outcomes equivalent 15 to those achieved by program models with published significant 16 and sustained results in a peer-reviewed journal. 17 (v) The program has been awarded the Iowa family support 18 credential and has been reviewed onsite at least every five 19 years to ensure the program’s adherence to the Iowa family 20 support standards approved by the early childhood Iowa 21 state board created in section 256I.3 or a comparable set of 22 standards. The onsite review is completed by an independent 23 review team that is not associated with the program or the 24 organization administering the program. 25 (3) (a) The data reporting requirements applicable to 26 the HOPES-HFI program services shall include the requirements 27 adopted by the early childhood Iowa state board pursuant 28 to section 256I.4 for the family support programs targeted 29 to families expecting a child or with newborn and infant 30 children through age five and funded through the state board. 31 The department of public health may specify additional data 32 reporting requirements for the HOPES-HFI program services. The 33 HOPES-HFI program services shall be required to participate in 34 a state administered internet-based data collection system by 35 -9- SF 2336 (5) 84 pf/jp/jh 9/ 96
S.F. 2336 July 1, 2013. The annual reporting concerning the HOPES-HFI 1 program services shall include program outcomes beginning with 2 the 2015 report. 3 (b) The data on families served that is collected by the 4 HOPES-HFI program shall include but is not limited to basic 5 demographic information, services received, funding utilized, 6 and program outcomes for the children and families served. 7 (c) The HOPES-HFI program shall work with the early 8 childhood Iowa state board in the state board’s efforts 9 to identify minimum competency standards for the employees 10 and supervisors of family support programs funded. The 11 HOPES-HFI program, along with the state board, shall submit 12 recommendations concerning the standards to the governor and 13 general assembly on or before January 1, 2014. 14 (d) On or before January 1, 2013, the HOPES-HFI program 15 shall adopt criminal and child abuse record check requirements 16 for the employees and supervisors of family support programs 17 funded through the program. 18 (e) The HOPES-HFI program shall work with the early 19 childhood Iowa state board in the state board’s efforts to 20 develop a plan to implement a coordinated intake and referral 21 process for publicly funded family support programs in order 22 to engage the families expecting a child or with newborn and 23 infant children through age five in all communities in the 24 state by July 1, 2015. 25 b. Of the funds appropriated in this subsection, $164,942 26 $329,885 shall be used to continue to address the healthy 27 mental development of children from birth through five years 28 of age through local evidence-based strategies that engage 29 both the public and private sectors in promoting healthy 30 development, prevention, and treatment for children. The 31 department shall work with the department of human services, 32 Iowa Medicaid enterprise, to develop a plan to secure matching 33 medical assistance program funding to provide services under 34 this paragraph, which may include a per member per month 35 -10- SF 2336 (5) 84 pf/jp/jh 10/ 96
S.F. 2336 payment to reimburse the care coordination and community 1 outreach services component that links young children and their 2 families with identified service needs. 3 c. Of the funds appropriated in this subsection, $15,798 4 $31,597 shall be distributed to a statewide dental carrier to 5 provide funds to continue the donated dental services program 6 patterned after the projects developed by the lifeline network 7 to provide dental services to indigent elderly and disabled 8 individuals. 9 d. Of the funds appropriated in this subsection, $56,338 10 $112,677 shall be used for childhood obesity prevention. 11 e. Of the funds appropriated in this subsection, $81,880 12 $163,760 shall be used to provide audiological services and 13 hearing aids for children. The department may enter into a 14 contract to administer this paragraph. 15 f. Of the funds appropriated in this subsection, $100,000 16 shall be transferred to the university of Iowa college of 17 dentistry for provision of primary dental services to children. 18 State funds shall be matched on a dollar-for-dollar basis. 19 The university of Iowa college of dentistry shall coordinate 20 efforts with the department of public health, bureau of oral 21 health, to provide dental care to underserved populations 22 throughout the state. 23 3. CHRONIC CONDITIONS 24 For serving individuals identified as having chronic 25 conditions or special health care needs, and for not more than 26 the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,680,828 28 3,919,028 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 30 5.00 31 a. Of the funds appropriated in this subsection, $80,291 32 $160,582 shall be used for grants to individual patients 33 who have phenylketonuria (PKU) to assist with the costs of 34 necessary special foods. 35 -11- SF 2336 (5) 84 pf/jp/jh 11/ 96
S.F. 2336 b. Of the funds appropriated in this subsection, $241,800 1 $483,600 is allocated for continuation of the contracts for 2 resource facilitator services in accordance with section 3 135.22B, subsection 9 , and for brain injury training services 4 and recruiting of service providers to increase the capacity 5 within this state to address the needs of individuals with 6 brain injuries and such individuals’ families. 7 c. Of the funds appropriated in this subsection, $249,437 8 $550,000 shall be used as additional funding to leverage 9 federal funding through the federal Ryan White Care Act, Tit. 10 II, AIDS drug assistance program supplemental drug treatment 11 grants. 12 d. Of the funds appropriated in this subsection, $15,627 13 $50,000 shall be used for the public purpose of providing 14 a grant to an existing national-affiliated organization to 15 provide education, client-centered programs, and client and 16 family support for people living with epilepsy and their 17 families. 18 e. Of the funds appropriated in this subsection, $394,151 19 $788,303 shall be used for child health specialty clinics. 20 f. Of the funds appropriated in this subsection, $248,533 21 $497,065 shall be used for the comprehensive cancer control 22 program to reduce the burden of cancer in Iowa through 23 prevention, early detection, effective treatment, and ensuring 24 quality of life. Of the funds allocated in this lettered 25 paragraph, $75,000 $150,000 shall be used to support a melanoma 26 research symposium, a melanoma biorepository and registry, 27 basic and translational melanoma research, and clinical trials. 28 g. Of the funds appropriated in this subsection, $63,225 29 $126,450 shall be used for cervical and colon cancer screening. 30 h. Of the funds appropriated in this subsection, $264,417 31 $528,834 shall be used for the center for congenital and 32 inherited disorders. A portion of the funds allocated in this 33 lettered paragraph may be used for one full-time equivalent 34 position for administration of the center. 35 -12- SF 2336 (5) 84 pf/jp/jh 12/ 96
S.F. 2336 i. Of the funds appropriated in this subsection, $64,968 1 $129,937 shall be used for the prescription drug donation 2 repository program created in chapter 135M . 3 j. For provision of early prevention screening by pap smear 4 and advanced screening by colposcope for women with incomes 5 below 250 percent of the federal poverty level, as defined by 6 the most recently revised poverty income guidelines issued by 7 the United States department of health and human services, 8 who are not covered by a third-party payer health policy or 9 contract that pays for such procedures and related laboratory 10 services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 12 The department shall distribute the amount appropriated in 13 this lettered paragraph to providers on behalf of eligible 14 persons within the target population. 15 4. COMMUNITY CAPACITY 16 For strengthening the health care delivery system at the 17 local level, and for not more than the following full-time 18 equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,117,583 20 5,485,547 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 14.00 22 a. Of the funds appropriated in this subsection, $50,000 23 $100,000 is allocated for a child vision screening program 24 implemented through the university of Iowa hospitals and 25 clinics in collaboration with early childhood Iowa areas. 26 b. Of the funds appropriated in this subsection, $55,654 27 $111,308 is allocated for continuation of an initiative 28 implemented at the university of Iowa and $50,246 $100,493 29 is allocated for continuation of an initiative at the state 30 mental health institute at Cherokee to expand and improve the 31 workforce engaged in mental health treatment and services. 32 The initiatives shall receive input from the university of 33 Iowa, the department of human services, the department of 34 public health, and the mental health and disability services 35 -13- SF 2336 (5) 84 pf/jp/jh 13/ 96
S.F. 2336 commission to address the focus of the initiatives. 1 c. Of the funds appropriated in this subsection, $585,745 2 $1,171,491 shall be used for essential public health services 3 that promote healthy aging throughout the lifespan, contracted 4 through a formula for local boards of health, to enhance health 5 promotion and disease prevention services. 6 d. Of the funds appropriated in this section, $60,908 7 $121,817 shall be deposited in the governmental public health 8 system fund created in section 135A.8 to be used for the 9 purposes of the fund. 10 e. Of the funds appropriated in this subsection, $72,271 11 $144,542 shall be used for the mental health professional 12 shortage area program implemented pursuant to section 135.80 . 13 f. Of the funds appropriated in this subsection, $19,131 14 $38,263 shall be used for a grant to a statewide association 15 of psychologists that is affiliated with the American 16 psychological association to be used for continuation of a 17 program to rotate intern psychologists in placements in urban 18 and rural mental health professional shortage areas, as defined 19 in section 135.80 135.180 . 20 g. Of the funds appropriated in this subsection, the 21 following amounts shall be allocated to the Iowa collaborative 22 safety net provider network established pursuant to section 23 135.153 to be used for the purposes designated. The following 24 amounts allocated under this lettered paragraph shall be 25 distributed to the specified provider and shall not be reduced 26 for administrative or other costs prior to distribution: 27 (1) For distribution to the Iowa primary care association 28 for statewide coordination of the Iowa collaborative safety net 29 provider network: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,290 31 150,000 32 (1A) For distribution to the Iowa primary care association 33 to be used for the following women’s health initiatives: 34 (a) To establish a grant program for training sexual assault 35 -14- SF 2336 (5) 84 pf/jp/jh 14/ 96
S.F. 2336 response team (SART) members, including representatives of 1 law enforcement, victim advocates, prosecutors, and certified 2 medical personnel: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 4 (b) To promote access to primary and preventive health care 5 and for provision of assistance to patients in determining an 6 appropriate medical home: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 8 (1B) For distribution to federally qualified health centers 9 for necessary infrastructure, statewide coordination, provider 10 recruitment, service delivery, and provision of assistance to 11 patients in determining an appropriate medical home: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 13 (2) For distribution to the local boards of health that 14 provide direct services for pilot programs in three counties to 15 assist patients in determining an appropriate medical home: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 17 77,609 18 (3) For distribution to maternal and child health centers 19 for pilot programs in three counties to assist patients in 20 determining an appropriate medical home: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38,804 22 100,000 23 (4) For distribution to free clinics for necessary 24 infrastructure, statewide coordination, provider recruitment, 25 service delivery, and provision of assistance to patients in 26 determining an appropriate medical home: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,025 28 424,050 29 (5) For distribution to rural health clinics for necessary 30 infrastructure, statewide coordination, provider recruitment, 31 service delivery, and provision of assistance to patients in 32 determining an appropriate medical home: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,215 34 150,000 35 -15- SF 2336 (5) 84 pf/jp/jh 15/ 96
S.F. 2336 (6) For continuation of the safety net provider patient 1 access to specialty health care initiative as described in 2007 2 Iowa Acts, chapter 218, section 109: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130,000 4 400,000 5 (7) For continuation of the pharmaceutical infrastructure 6 for safety net providers as described in 2007 Iowa Acts, 7 chapter 218, section 108: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 135,000 9 435,000 10 The Iowa collaborative safety net provider network may 11 continue to distribute funds allocated pursuant to this 12 lettered paragraph through existing contracts or renewal of 13 existing contracts. 14 h. (1) Of the funds appropriated in this subsection, 15 $74,500 shall be used for continued implementation of 16 the recommendations of the direct care worker task force 17 established pursuant to 2005 Iowa Acts, chapter 88, based upon 18 the report submitted to the governor and the general assembly 19 in December 2006. The department may use a portion of the 20 funds allocated in this lettered paragraph for an additional 21 position to assist in the continued implementation. 22 i. (1) Of the funds appropriated in this subsection, 23 $65,050 $145,100 shall be used for allocation to an independent 24 statewide direct care worker association that serves the 25 entirety of the direct care workforce under a contract with 26 terms determined by the director of public health relating 27 to education, outreach, leadership development, mentoring, 28 and other initiatives intended to enhance the recruitment and 29 retention of direct care workers in health care and long-term 30 care settings. 31 (2) Of the funds appropriated in this subsection, $29,000 32 $58,000 shall be used to provide scholarships or other forms of 33 subsidization for direct care worker educational conferences, 34 training, or outreach activities. 35 -16- SF 2336 (5) 84 pf/jp/jh 16/ 96
S.F. 2336 j. Of the funds appropriated in this subsection, the 1 department may use up to $29,259 $58,518 for up to one 2 full-time equivalent position to administer the volunteer 3 health care provider program pursuant to section 135.24 . 4 k. Of the funds appropriated in this subsection, $25,000 5 $50,000 shall be used for a matching dental education loan 6 repayment program to be allocated to a dental nonprofit health 7 service corporation to develop the criteria and implement the 8 loan repayment program. 9 l. Of the funds appropriated in this subsection, $250,000 10 shall be used as state matching funds for the primary care 11 provider recruitment and retention endeavor established 12 pursuant to section 135.107. Notwithstanding any provision 13 to the contrary including whether a community is located in a 14 federally designated health professional shortage area, the 15 funds shall be used for loans to medical students who upon 16 receiving a permanent license in this state will engage in 17 the full-time practice of medicine and surgery or osteopathic 18 medicine and surgery specializing in family medicine, 19 pediatrics, psychiatry, internal medicine, or general surgery 20 in a city within the state with a population of less than 21 26,000 that is located more than 20 miles from a city with a 22 population of 50,000 or more. The department may adopt rules 23 pursuant to chapter 17A to implement this paragraph “l”. 24 m. Of the funds appropriated in this subsection, $100,000 25 shall be used for the purposes of the Iowa donor registry as 26 specified in section 142C.18. 27 n. Of the funds appropriated in this subsection, $100,000 28 shall be used for continuation of a grant to a nationally 29 affiliated volunteer eye organization that has an established 30 program for children and adults and that is solely dedicated to 31 preserving sight and preventing blindness through education, 32 nationally certified vision screening and training, and 33 community and patient service programs. 34 5. HEALTHY AGING 35 -17- SF 2336 (5) 84 pf/jp/jh 17/ 96
S.F. 2336 To provide public health services that reduce risks and 1 invest in promoting and protecting good health over the 2 course of a lifetime with a priority given to older Iowans and 3 vulnerable populations: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,648,571 5 7,297,142 6 a. Of the funds appropriated in this subsection, $1,004,593 7 $2,009,187 shall be used for local public health nursing 8 services. 9 b. Of the funds appropriated in this subsection, $2,643,977 10 $5,287,955 shall be used for home care aide services. 11 6. ENVIRONMENTAL HAZARDS 12 For reducing the public’s exposure to hazards in the 13 environment, primarily chemical hazards, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 406,888 16 813,777 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 18 Of the funds appropriated in this subsection, $272,188 19 $544,377 shall be used for childhood lead poisoning provisions. 20 7. INFECTIOUS DISEASES 21 a. For reducing the incidence and prevalence of 22 communicable diseases, and for not more than the following 23 full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 672,923 25 2,395,847 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 27 b. For the human papillomavirus vaccination public 28 awareness program in accordance with section 135.11, subsection 29 31, as enacted by this Act: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 31 The department of public health may seek private sector 32 moneys for the purpose of supporting the public awareness 33 program. 34 c. For provision of vaccinations for human papillomavirus 35 -18- SF 2336 (5) 84 pf/jp/jh 18/ 96
S.F. 2336 to persons age 19 through 26 with incomes below 300 percent 1 of the federal poverty level, as defined by the most recently 2 revised poverty income guidelines issued by the United States 3 department of health and human services, who are not covered 4 by a third-party payer health policy or contract that pays for 5 such vaccinations: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 7 The department shall distribute the amount appropriated in 8 this lettered paragraph to providers on behalf of eligible 9 persons within the target population. 10 8. PUBLIC PROTECTION 11 For protecting the health and safety of the public through 12 establishing standards and enforcing regulations, and for not 13 more than the following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,388,116 15 3,216,567 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 125.00 17 a. Of the funds appropriated in this subsection, not more 18 than $235,845 $471,690 shall be credited to the emergency 19 medical services fund created in section 135.25 . Moneys in 20 the emergency medical services fund are appropriated to the 21 department to be used for the purposes of the fund. 22 b. Of the funds appropriated in this subsection, $105,309 23 $210,619 shall be used for sexual violence prevention 24 programming through a statewide organization representing 25 programs serving victims of sexual violence through the 26 department’s sexual violence prevention program. The amount 27 allocated in this lettered paragraph shall not be used to 28 supplant funding administered for other sexual violence 29 prevention or victims assistance programs. 30 c. Of the funds appropriated in this subsection, not more 31 than $218,291 $539,477 shall be used for the state poison 32 control center. 33 d. Of the funds appropriated in this subsection, $337,440 34 shall be used for the purposes of the board of direct care 35 -19- SF 2336 (5) 84 pf/jp/jh 19/ 96
S.F. 2336 professionals as established pursuant to the division of this 1 2012 Act enacting new Code chapter 152F. The direct care 2 worker advisory council established pursuant to 2008 Iowa Acts, 3 chapter 1188, section 69, may continue to provide expertise 4 and leadership relating to the recommendations in the advisory 5 council’s final report submitted to the governor and the 6 general assembly in March 2012. 7 9. RESOURCE MANAGEMENT 8 For establishing and sustaining the overall ability of the 9 department to deliver services to the public, and for not more 10 than the following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 409,777 12 819,554 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 14 The university of Iowa hospitals and clinics under the 15 control of the state board of regents shall not receive 16 indirect costs from the funds appropriated in this section. 17 The university of Iowa hospitals and clinics billings to the 18 department shall be on at least a quarterly basis. 19 DIVISION III 20 DEPARTMENT OF VETERANS AFFAIRS 21 Sec. 3. 2011 Iowa Acts, chapter 129, section 115, is amended 22 to read as follows: 23 SEC. 115. DEPARTMENT OF VETERANS AFFAIRS. There is 24 appropriated from the general fund of the state to the 25 department of veterans affairs for the fiscal year beginning 26 July 1, 2012, and ending June 30, 2013, the following amounts, 27 or so much thereof as is necessary, to be used for the purposes 28 designated: 29 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 30 For salaries, support, maintenance, and miscellaneous 31 purposes, including the war orphans educational assistance fund 32 created in section 35.8 , and for not more than the following 33 full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 499,416 35 -20- SF 2336 (5) 84 pf/jp/jh 20/ 96
S.F. 2336 1,010,832 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.34 2 2. IOWA VETERANS HOME 3 For salaries, support, maintenance, and miscellaneous 4 purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,476,075 6 8,952,151 7 a. The Iowa veterans home billings involving the department 8 of human services shall be submitted to the department on at 9 least a monthly basis. 10 b. If there is a change in the employer of employees 11 providing services at the Iowa veterans home under a collective 12 bargaining agreement, such employees and the agreement shall 13 be continued by the successor employer as though there had not 14 been a change in employer. 15 c. Within available resources and in conformance with 16 associated state and federal program eligibility requirements, 17 the Iowa veterans home may implement measures to provide 18 financial assistance to or on behalf of veterans or their 19 spouses who are participating in the community reentry program. 20 d. The Iowa veterans home expenditure report shall be 21 submitted monthly to the legislative services agency. 22 3. STATE EDUCATIONAL ASSISTANCE —— CHILDREN OF DECEASED 23 VETERANS 24 For provision of educational assistance pursuant to section 25 35.9 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,208 27 12,416 28 4. HOME OWNERSHIP ASSISTANCE PROGRAM 29 For transfer to the Iowa finance authority for the 30 continuation of the home ownership assistance program for 31 persons who are or were eligible members of the armed forces of 32 the United States, pursuant to section 16.54: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600,000 34 Sec. 4. 2011 Iowa Acts, chapter 129, section 116, is amended 35 -21- SF 2336 (5) 84 pf/jp/jh 21/ 96
S.F. 2336 to read as follows: 1 SEC. 116. LIMITATION OF COUNTY COMMISSION OF VETERANS 2 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 3 standing appropriation in the following designated section for 4 the fiscal year beginning July 1, 2012, and ending June 30, 5 2013, the amounts appropriated from the general fund of the 6 state pursuant to that section for the following designated 7 purposes shall not exceed the following amount: 8 For the county commissions of veterans affairs fund under 9 section 35A.16 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 495,000 11 990,000 12 DIVISION IV 13 DEPARTMENT OF HUMAN SERVICES 14 Sec. 5. 2011 Iowa Acts, chapter 129, section 117, is amended 15 to read as follows: 16 SEC. 117. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 17 GRANT. There is appropriated from the fund created in section 18 8.41 to the department of human services for the fiscal year 19 beginning July 1, 2012, and ending June 30, 2013, from moneys 20 received under the federal temporary assistance for needy 21 families (TANF) block grant pursuant to the federal Personal 22 Responsibility and Work Opportunity Reconciliation Act of 1996, 23 Pub. L. No. 104-193, and successor legislation, and from moneys 24 received under the emergency contingency fund for temporary 25 assistance for needy families state program established 26 pursuant to the federal American Recovery and Reinvestment Act 27 of 2009, Pub. L. No. 111-5 § 2101, and successor legislation, 28 the following amounts, or so much thereof as is necessary, to 29 be used for the purposes designated: 30 1. To be credited to the family investment program account 31 and used for assistance under the family investment program 32 under chapter 239B : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,750,369 34 19,790,365 35 -22- SF 2336 (5) 84 pf/jp/jh 22/ 96
S.F. 2336 2. To be credited to the family investment program account 1 and used for the job opportunities and basic skills (JOBS) 2 program and implementing family investment agreements in 3 accordance with chapter 239B : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,205,764 5 12,411,528 6 3. To be used for the family development and 7 self-sufficiency grant program in accordance with section 8 216A.107 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 10 2,898,980 11 Notwithstanding section 8.33 , moneys appropriated in this 12 subsection that remain unencumbered or unobligated at the close 13 of the fiscal year shall not revert but shall remain available 14 for expenditure for the purposes designated until the close of 15 the succeeding fiscal year. However, unless such moneys are 16 encumbered or obligated on or before September 30, 2013, the 17 moneys shall revert. 18 4. For field operations: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 20 31,296,232 21 5. For general administration: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 23 3,744,000 24 6. For state child care assistance: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,191,343 26 16,382,687 27 The funds appropriated in this subsection shall be 28 transferred to the child care and development block grant 29 appropriation made pursuant to 2011 Iowa Acts, chapter 30 126, section 32, by the Eighty-fourth General Assembly, 31 2012 Session, for the federal fiscal year beginning October 32 1, 2012, and ending September 30, 2013. Of this amount, 33 $100,000 $200,000 shall be used for provision of educational 34 opportunities to registered child care home providers in order 35 -23- SF 2336 (5) 84 pf/jp/jh 23/ 96
S.F. 2336 to improve services and programs offered by this category 1 of providers and to increase the number of providers. The 2 department may contract with institutions of higher education 3 or child care resource and referral centers to provide 4 the educational opportunities. Allowable administrative 5 costs under the contracts shall not exceed 5 percent. The 6 application for a grant shall not exceed two pages in length. 7 7. For distribution to counties for state case services 8 for persons with mental health and illness, an intellectual 9 disability, or a developmental disabilities community services 10 disability in accordance with section 331.440 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,447,026 12 4,894,052 13 8. For child and family services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,042,215 15 32,084,430 16 9. For child abuse prevention grants: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 18 125,000 19 10. For pregnancy prevention grants on the condition that 20 family planning services are funded: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 22 1,930,067 23 Pregnancy prevention grants shall be awarded to programs 24 in existence on or before July 1, 2012, if the programs have 25 demonstrated positive outcomes. Grants shall be awarded to 26 pregnancy prevention programs which are developed after July 27 1, 2012, if the programs are based on existing models that 28 have demonstrated positive outcomes. Grants shall comply with 29 the requirements provided in 1997 Iowa Acts, chapter 208, 30 section 14, subsections 1 and 2, including the requirement that 31 grant programs must emphasize sexual abstinence. Priority in 32 the awarding of grants shall be given to programs that serve 33 areas of the state which demonstrate the highest percentage of 34 unplanned pregnancies of females of childbearing age within the 35 -24- SF 2336 (5) 84 pf/jp/jh 24/ 96
S.F. 2336 geographic area to be served by the grant. 1 11. For technology needs and other resources necessary 2 to meet federal welfare reform reporting, tracking, and case 3 management requirements: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 5 1,037,186 6 12. To be credited to the state child care assistance 7 appropriation made in this section to be used for funding of 8 community-based early childhood programs targeted to children 9 from birth through five years of age developed by early 10 childhood Iowa areas as provided in section 256I.11 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,175,000 12 6,350,000 13 The department shall transfer TANF block grant funding 14 appropriated and allocated in this subsection to the child care 15 and development block grant appropriation in accordance with 16 federal law as necessary to comply with the provisions of this 17 subsection. 18 13. a. Notwithstanding any provision to the contrary, 19 including but not limited to requirements in section 8.41 or 20 provisions in 2011 or 2012 Iowa Acts regarding the receipt 21 and appropriation of federal block grants, federal funds 22 from the emergency contingency fund for temporary assistance 23 for needy families state program established pursuant to the 24 federal American Recovery and Reinvestment Act of 2009 , Pub. 25 L. No. 111-5 § 2101 , block grant received by the state during 26 the fiscal year beginning July 1, 2011, and ending June 30, 27 2012, not otherwise appropriated in this section and remaining 28 available as of for the fiscal year beginning July 1, 2012, and 29 received by the state during the fiscal year beginning July 30 1, 2012, and ending June 30, 2013, are appropriated to the 31 department of human services to the extent as may be necessary 32 to be used in the following priority order: the family 33 investment program for the fiscal year and for state child care 34 assistance program payments for individuals enrolled in the 35 -25- SF 2336 (5) 84 pf/jp/jh 25/ 96
S.F. 2336 family investment program who are employed. The federal funds 1 appropriated in this paragraph “a” shall be expended only after 2 all other funds appropriated in subsection 1 for the assistance 3 under the family investment program under chapter 239B have 4 been expended. 5 b. The department shall, on a quarterly basis, advise the 6 legislative services agency and department of management of 7 the amount of funds appropriated in this subsection that was 8 expended in the prior quarter. 9 14. Of the amounts appropriated in this section, $6,481,004 10 $12,962,008 for the fiscal year beginning July 1, 2012, shall 11 be transferred to the appropriation of the federal social 12 services block grant made for that fiscal year. 13 15. For continuation of the program allowing the department 14 to maintain categorical eligibility for the food assistance 15 program as required under the section of this division relating 16 to the family investment account: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 73,036 18 25,000 19 16. The department may transfer funds allocated in this 20 section to the appropriations made in this division of this Act 21 for general administration and field operations for resources 22 necessary to implement and operate the services referred to in 23 this section and those funded in the appropriation made in this 24 division of this Act for the family investment program from the 25 general fund of the state. 26 Sec. 6. 2011 Iowa Acts, chapter 129, section 118, is amended 27 to read as follows: 28 SEC. 118. FAMILY INVESTMENT PROGRAM ACCOUNT. 29 1. Moneys credited to the family investment program (FIP) 30 account for the fiscal year beginning July 1, 2012, and 31 ending June 30, 2013, shall be used to provide assistance in 32 accordance with chapter 239B . 33 2. The department may use a portion of the moneys credited 34 to the FIP account under this section as necessary for 35 -26- SF 2336 (5) 84 pf/jp/jh 26/ 96
S.F. 2336 salaries, support, maintenance, and miscellaneous purposes. 1 3. The department may transfer funds allocated in this 2 section to the appropriations in this division of this Act 3 for general administration and field operations for resources 4 necessary to implement and operate the services referred to in 5 this section and those funded in the appropriation made in this 6 division of this Act for the family investment program from the 7 general fund of the state. 8 4. Moneys appropriated in this division of this Act and 9 credited to the FIP account for the fiscal year beginning July 10 1, 2012, and ending June 30, 2013, are allocated as follows: 11 a. To be retained by the department of human services to 12 be used for coordinating with the department of human rights 13 to more effectively serve participants in the FIP program and 14 other shared clients and to meet federal reporting requirements 15 under the federal temporary assistance for needy families block 16 grant: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 18 20,000 19 b. To the department of human rights for staffing, 20 administration, and implementation of the family development 21 and self-sufficiency grant program in accordance with section 22 216A.107 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,671,417 24 5,942,834 25 (1) Of the funds allocated for the family development and 26 self-sufficiency grant program in this lettered paragraph, 27 not more than 5 percent of the funds shall be used for the 28 administration of the grant program. 29 (2) The department of human rights may continue to implement 30 the family development and self-sufficiency grant program 31 statewide during fiscal year 2012-2013. 32 c. For the diversion subaccount of the FIP account: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 849,200 34 1,698,400 35 -27- SF 2336 (5) 84 pf/jp/jh 27/ 96
S.F. 2336 A portion of the moneys allocated for the subaccount may 1 be used for field operations salaries, data management system 2 development, and implementation costs and support deemed 3 necessary by the director of human services in order to 4 administer the FIP diversion program. 5 d. For the food stamp employment and training program: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 7 66,588 8 (1) The department shall amend the food stamp employment and 9 training state plan in order to maximize to the fullest extent 10 permitted by federal law the use of the 50-50 match provisions 11 for the claiming of allowable federal matching funds from the 12 United States department of agriculture pursuant to the federal 13 food stamp employment and training program for providing 14 education, employment, and training services for eligible food 15 assistance program participants, including but not limited to 16 related dependent care and transportation expenses. 17 (2) The department shall continue the categorical federal 18 food assistance program eligibility at 160 percent of the 19 federal poverty level and continue to eliminate the asset test 20 from eligibility requirements, consistent with federal food 21 assistance program requirements. The department shall include 22 as many food assistance households as is allowed by federal 23 law. The eligibility provisions shall conform to all federal 24 requirements including requirements addressing individuals who 25 are incarcerated or otherwise ineligible. 26 e. For the JOBS program: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,117,952 28 20,235,905 29 5. Of the child support collections assigned under FIP, 30 an amount equal to the federal share of support collections 31 shall be credited to the child support recovery appropriation 32 made in this division of this Act. Of the remainder of the 33 assigned child support collections received by the child 34 support recovery unit, a portion shall be credited to the FIP 35 -28- SF 2336 (5) 84 pf/jp/jh 28/ 96
S.F. 2336 account, a portion may be used to increase recoveries, and a 1 portion may be used to sustain cash flow in the child support 2 payments account. If as a consequence of the appropriations 3 and allocations made in this section the resulting amounts 4 are insufficient to sustain cash assistance payments and meet 5 federal maintenance of effort requirements, the department 6 shall seek supplemental funding. If child support collections 7 assigned under FIP are greater than estimated or are otherwise 8 determined not to be required for maintenance of effort, the 9 state share of either amount may be transferred to or retained 10 in the child support payment account. 11 6. The department may adopt emergency rules for the family 12 investment, JOBS, food stamp, and medical assistance programs 13 if necessary to comply with federal requirements. 14 Sec. 7. 2011 Iowa Acts, chapter 129, section 119, is amended 15 to read as follows: 16 SEC. 119. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 17 is appropriated from the general fund of the state to the 18 department of human services for the fiscal year beginning July 19 1, 2012, and ending June 30, 2013, the following amount, or 20 so much thereof as is necessary, to be used for the purpose 21 designated: 22 To be credited to the family investment program (FIP) 23 account and used for family investment program assistance under 24 chapter 239B : 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,085,513 26 50,742,028 27 1. Of the funds appropriated in this section, $3,912,188 28 $7,824,377 is allocated for the JOBS program. 29 2. Of the funds appropriated in this section, $1,231,927 30 $3,063,854 is allocated for the family development and 31 self-sufficiency grant program. 32 3. Notwithstanding section 8.39 , for the fiscal year 33 beginning July 1, 2012, if necessary to meet federal 34 maintenance of effort requirements or to transfer federal 35 -29- SF 2336 (5) 84 pf/jp/jh 29/ 96
S.F. 2336 temporary assistance for needy families block grant funding 1 to be used for purposes of the federal social services block 2 grant or to meet cash flow needs resulting from delays in 3 receiving federal funding or to implement, in accordance with 4 this division of this Act, activities currently funded with 5 juvenile court services, county, or community moneys and state 6 moneys used in combination with such moneys, the department 7 of human services may transfer funds within or between any 8 of the appropriations made in this division of this Act and 9 appropriations in law for the federal social services block 10 grant to the department for the following purposes, provided 11 that the combined amount of state and federal temporary 12 assistance for needy families block grant funding for each 13 appropriation remains the same before and after the transfer: 14 a. For the family investment program. 15 b. For child care assistance. 16 c. For child and family services. 17 d. For field operations. 18 e. For general administration. 19 f. MH/MR/DD/BI community services (local purchase). 20 For distribution to counties for state case services for 21 persons with mental illness, an intellectual disability, or a 22 developmental disability in accordance with section 331.440. 23 This subsection shall not be construed to prohibit the use 24 of existing state transfer authority for other purposes. The 25 department shall report any transfers made pursuant to this 26 subsection to the legislative services agency. 27 4. Of the funds appropriated in this section, $97,839 28 $195,678 shall be used for continuation of a grant to an 29 Iowa-based nonprofit organization with a history of providing 30 tax preparation assistance to low-income Iowans in order to 31 expand the usage of the earned income tax credit. The purpose 32 of the grant is to supply this assistance to underserved areas 33 of the state. 34 4A. Of the funds appropriated in this section, $500,000 35 -30- SF 2336 (5) 84 pf/jp/jh 30/ 96
S.F. 2336 shall be used for distribution to a nonprofit, tax-exempt 1 association that receives donations under section 170 of the 2 Internal Revenue Code and whose members include Iowa food 3 banks and their affiliates that together serve all counties 4 in the state, to be used to purchase food for distribution to 5 food-insecure Iowans: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 7 In purchasing food under this subsection, a preference 8 shall be given to the purchase of food produced, processed, or 9 packaged within this state whenever reasonably practicable. 10 5. The department may transfer funds appropriated in this 11 section to the appropriations made in this division of this Act 12 for general administration and field operations as necessary 13 to administer this section and the overall family investment 14 program. 15 Sec. 8. 2011 Iowa Acts, chapter 129, section 120, is amended 16 to read as follows: 17 SEC. 120. CHILD SUPPORT RECOVERY. There is appropriated 18 from the general fund of the state to the department of human 19 services for the fiscal year beginning July 1, 2012, and ending 20 June 30, 2013, the following amount, or so much thereof as is 21 necessary, to be used for the purposes designated: 22 For child support recovery, including salaries, support, 23 maintenance, and miscellaneous purposes, and for not more than 24 the following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,559,627 26 13,377,993 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 475.00 28 1. The department shall expend up to $12,164 $24,329 , 29 including federal financial participation, for the fiscal year 30 beginning July 1, 2012, for a child support public awareness 31 campaign. The department and the office of the attorney 32 general shall cooperate in continuation of the campaign. The 33 public awareness campaign shall emphasize, through a variety 34 of media activities, the importance of maximum involvement of 35 -31- SF 2336 (5) 84 pf/jp/jh 31/ 96
S.F. 2336 both parents in the lives of their children as well as the 1 importance of payment of child support obligations. 2 2. Federal access and visitation grant moneys shall be 3 issued directly to private not-for-profit agencies that provide 4 services designed to increase compliance with the child access 5 provisions of court orders, including but not limited to 6 neutral visitation sites and mediation services. 7 3. The appropriation made to the department for child 8 support recovery may be used throughout the fiscal year in the 9 manner necessary for purposes of cash flow management, and for 10 cash flow management purposes the department may temporarily 11 draw more than the amount appropriated, provided the amount 12 appropriated is not exceeded at the close of the fiscal year. 13 4. With the exception of the funding amount specified, the 14 requirements established under 2001 Iowa Acts, chapter 191, 15 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 16 be applicable to parental obligation pilot projects for the 17 fiscal year beginning July 1, 2012, and ending June 30, 2013. 18 Notwithstanding 441 IAC 100.8, providing for termination of 19 rules relating to the pilot projects, the rules shall remain 20 in effect until June 30, 2013. 21 MEDICAL ASSISTANCE PROGRAM 22 Sec. 9. 2011 Iowa Acts, chapter 129, section 122, unnumbered 23 paragraph 2, is amended to read as follows: 24 For medical assistance program reimbursement and associated 25 costs as specifically provided in the reimbursement 26 methodologies in effect on June 30, 2012, except as otherwise 27 expressly authorized by law, and consistent with options under 28 federal law and regulations: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 914,993,421 30 845,601,256 31 MEDICAL ASSISTANCE —— DISPROPORTIONATE SHARE HOSPITAL 32 Sec. 10. 2011 Iowa Acts, chapter 129, section 122, 33 subsection 11, paragraph a, unnumbered paragraph 1, is amended 34 to read as follows: 35 -32- SF 2336 (5) 84 pf/jp/jh 32/ 96
S.F. 2336 Of the funds appropriated in this section, $7,425,684 1 $7,678,245 is allocated for the state match for a 2 disproportionate share hospital payment of $19,133,430 to 3 hospitals that meet both of the conditions specified in 4 subparagraphs (1) and (2). In addition, the hospitals that 5 meet the conditions specified shall either certify public 6 expenditures or transfer to the medical assistance program 7 an amount equal to provide the nonfederal share for a 8 disproportionate share hospital payment of $7,500,000. The 9 hospitals that meet the conditions specified shall receive and 10 retain 100 percent of the total disproportionate share hospital 11 payment of $26,633,430. 12 MEDICAL ASSISTANCE —— IOWACARE TRANSFER 13 Sec. 11. 2011 Iowa Acts, chapter 129, section 122, 14 subsection 13, is amended to read as follows: 15 13. Of the funds appropriated in this section, up to 16 $4,480,304 $8,684,329 may be transferred to the IowaCare 17 account created in section 249J.24 . 18 MEDICAL ASSISTANCE —— COST CONTAINMENT STRATEGIES 19 Sec. 12. 2011 Iowa Acts, chapter 129, section 122, 20 subsection 20, paragraphs a and d, are amended to read as 21 follows: 22 a. The department may continue to implement cost 23 containment strategies recommended by the governor , and for 24 the fiscal year beginning July 1, 2011, and shall implement 25 new strategies for the fiscal year beginning July 1, 2012, as 26 specified in this division of this 2012 Act. The department 27 may adopt emergency rules for such implementation. 28 d. If the savings to the medical assistance program for 29 the fiscal year beginning July 1, 2012, exceed the cost, the 30 department may transfer any savings generated for the fiscal 31 year due to medical assistance program cost containment efforts 32 initiated pursuant to 2010 Iowa Acts, chapter 1031, Executive 33 Order No. 20, issued December 16, 2009, or cost containment 34 strategies initiated pursuant to this subsection, to the 35 -33- SF 2336 (5) 84 pf/jp/jh 33/ 96
S.F. 2336 appropriation made in this division of this Act for medical 1 contracts or general administration to defray the increased 2 contract costs associated with implementing such efforts. 3 Sec. 13. 2011 Iowa Acts, chapter 129, section 122, is 4 amended by adding the following new subsections: 5 NEW SUBSECTION . 23. The department shall implement a 6 hospital inpatient reimbursement policy to provide for the 7 combining of an original claim for an inpatient stay with a 8 claim for a subsequent inpatient stay when the patient is 9 admitted within seven days of discharge from the original 10 hospital stay for the same condition. 11 NEW SUBSECTION . 24. The department shall transition 12 payment for and administration of services provided by 13 psychiatric medical institutions for children to the Iowa plan. 14 MEDICAL ASSISTANCE FOR EMPLOYED PEOPLE WITH DISABILITIES 15 Sec. 14. 2011 Iowa Acts, chapter 129, section 122, is 16 amended by adding the following new subsection: 17 NEW SUBSECTION . 25. The department of human services 18 shall adopt rules for the Medicaid for employed people with 19 disabilities program to provide that until such time as the 20 department adopts rules, annually, to implement the most 21 recently revised poverty guidelines published by the United 22 States department of health and human services, the calculation 23 of gross income eligibility and premium amounts shall not 24 include any increase in unearned income attributable to a 25 social security cost-of-living adjustment for an individual 26 or member of the individual’s family whose unearned income is 27 included in such calculation. 28 STATE BALANCING INCENTIVE PAYMENTS PROGRAM 29 Sec. 15. 2011 Iowa Acts, chapter 129, section 122, is 30 amended by adding the following new subsection: 31 NEW SUBSECTION . 27. The funds received through 32 participation in the medical assistance state balancing 33 incentive payments program created pursuant to section 10202 34 of the federal Patient Protection and Affordable Care Act of 35 -34- SF 2336 (5) 84 pf/jp/jh 34/ 96
S.F. 2336 2010, Pub. L. No. 111-148 (2010), as amended by the federal 1 Health Care and Education Reconciliation Act of 2010, Pub. 2 L. No. 111-152, shall be used by the department of human 3 services to comply with the requirements of the program 4 including developing a no wrong door single entry point 5 system; providing a conflict-free case management system; 6 providing core standardized assessment instruments; complying 7 with data collection requirements relating to services, 8 quality, and outcomes; meeting the applicable target spending 9 percentage required under the program to rebalance long-term 10 care spending under the medical assistance program between 11 home and community-based services and institution-based 12 services; and for new or expanded medical assistance program 13 non-institutionally based long-term care services and supports. 14 Sec. 16. 2011 Iowa Acts, chapter 129, section 123, is 15 amended to read as follows: 16 SEC. 123. MEDICAL CONTRACTS. There is appropriated from the 17 general fund of the state to the department of human services 18 for the fiscal year beginning July 1, 2012, and ending June 30, 19 2013, the following amount, or so much thereof as is necessary, 20 to be used for the purpose designated: 21 For medical contracts: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,453,728 23 8,460,680 24 1. The department of inspections and appeals shall 25 provide all state matching funds for survey and certification 26 activities performed by the department of inspections 27 and appeals. The department of human services is solely 28 responsible for distributing the federal matching funds for 29 such activities. 30 2. Of the funds appropriated in this section, $25,000 31 $50,000 shall be used for continuation of home and 32 community-based services waiver quality assurance programs, 33 including the review and streamlining of processes and policies 34 related to oversight and quality management to meet state and 35 -35- SF 2336 (5) 84 pf/jp/jh 35/ 96
S.F. 2336 federal requirements. 1 3. Of the amount appropriated in this section, up to 2 $200,000 may be transferred to the appropriation for general 3 administration in this division of this Act to be used for 4 additional full-time equivalent positions in the development of 5 key health initiatives such as cost containment, development 6 and oversight of managed care programs, and development of 7 health strategies targeted toward improved quality and reduced 8 costs in the Medicaid program. 9 Sec. 17. 2011 Iowa Acts, chapter 129, section 124, is 10 amended to read as follows: 11 SEC. 124. STATE SUPPLEMENTARY ASSISTANCE. 12 1. There is appropriated from the general fund of the 13 state to the department of human services for the fiscal year 14 beginning July 1, 2012, and ending June 30, 2013, the following 15 amount, or so much thereof as is necessary, to be used for the 16 purpose designated: 17 For the state supplementary assistance program: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,425,373 19 15,450,747 20 2. The department shall increase the personal needs 21 allowance for residents of residential care facilities by the 22 same percentage and at the same time as federal supplemental 23 security income and federal social security benefits are 24 increased due to a recognized increase in the cost of living. 25 The department may adopt emergency rules to implement this 26 subsection. 27 3. If during the fiscal year beginning July 1, 2012, 28 the department projects that state supplementary assistance 29 expenditures for a calendar year will not meet the federal 30 pass-through requirement specified in Tit. XVI of the federal 31 Social Security Act, section 1618, as codified in 42 U.S.C. 32 § 1382g, the department may take actions including but not 33 limited to increasing the personal needs allowance for 34 residential care facility residents and making programmatic 35 -36- SF 2336 (5) 84 pf/jp/jh 36/ 96
S.F. 2336 adjustments or upward adjustments of the residential care 1 facility or in-home health-related care reimbursement rates 2 prescribed in this division of this Act to ensure that federal 3 requirements are met. In addition, the department may make 4 other programmatic and rate adjustments necessary to remain 5 within the amount appropriated in this section while ensuring 6 compliance with federal requirements. The department may adopt 7 emergency rules to implement the provisions of this subsection. 8 Sec. 18. 2011 Iowa Acts, chapter 129, section 125, is 9 amended to read as follows: 10 SEC. 125. CHILDREN’S HEALTH INSURANCE PROGRAM. 11 1. There is appropriated from the general fund of the 12 state to the department of human services for the fiscal year 13 beginning July 1, 2012, and ending June 30, 2013, the following 14 amount, or so much thereof as is necessary, to be used for the 15 purpose designated: 16 For maintenance of the healthy and well kids in Iowa (hawk-i) 17 program pursuant to chapter 514I , including supplemental dental 18 services, for receipt of federal financial participation under 19 Tit. XXI of the federal Social Security Act, which creates the 20 children’s health insurance program: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,403,051 22 40,400,160 23 2. Of the funds appropriated in this section, $64,475 24 $141,450 is allocated for continuation of the contract for 25 outreach with the department of public health. 26 Sec. 19. 2011 Iowa Acts, chapter 129, section 126, is 27 amended to read as follows: 28 SEC. 126. CHILD CARE ASSISTANCE. There is appropriated 29 from the general fund of the state to the department of human 30 services for the fiscal year beginning July 1, 2012, and ending 31 June 30, 2013, the following amount, or so much thereof as is 32 necessary, to be used for the purpose designated: 33 For child care programs: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,618,831 35 -37- SF 2336 (5) 84 pf/jp/jh 37/ 96
S.F. 2336 61,087,940 1 1. Of the funds appropriated in this section, $25,948,041 2 $59,718,513 shall be used for state child care assistance in 3 accordance with section 237A.13 . 4 2. Nothing in this section shall be construed or is 5 intended as or shall imply a grant of entitlement for services 6 to persons who are eligible for assistance due to an income 7 level consistent with the waiting list requirements of section 8 237A.13 . Any state obligation to provide services pursuant to 9 this section is limited to the extent of the funds appropriated 10 in this section. 11 3. Of the funds appropriated in this section, $216,226 12 $432,453 is allocated for the statewide program for child care 13 resource and referral services under section 237A.26 . A list 14 of the registered and licensed child care facilities operating 15 in the area served by a child care resource and referral 16 service shall be made available to the families receiving state 17 child care assistance in that area. 18 4. Of the funds appropriated in this section, $468,487 19 $936,974 is allocated for child care quality improvement 20 initiatives including but not limited to the voluntary quality 21 rating system in accordance with section 237A.30 . 22 5. The department may use any of the funds appropriated 23 in this section as a match to obtain federal funds for use in 24 expanding child care assistance and related programs. For 25 the purpose of expenditures of state and federal child care 26 funding, funds shall be considered obligated at the time 27 expenditures are projected or are allocated to the department’s 28 service areas. Projections shall be based on current and 29 projected caseload growth, current and projected provider 30 rates, staffing requirements for eligibility determination 31 and management of program requirements including data systems 32 management, staffing requirements for administration of the 33 program, contractual and grant obligations and any transfers 34 to other state agencies, and obligations for decategorization 35 -38- SF 2336 (5) 84 pf/jp/jh 38/ 96
S.F. 2336 or innovation projects. 1 6. A portion of the state match for the federal child care 2 and development block grant shall be provided as necessary to 3 meet federal matching funds requirements through the state 4 general fund appropriation made for child development grants 5 and other programs for at-risk children in section 279.51 . 6 7. If a uniform reduction ordered by the governor under 7 section 8.31 or other operation of law, transfer, or federal 8 funding reduction reduces the appropriation made in this 9 section for the fiscal year, the percentage reduction in the 10 amount paid out to or on behalf of the families participating 11 in the state child care assistance program shall be equal to or 12 less than the percentage reduction made for any other purpose 13 payable from the appropriation made in this section and the 14 federal funding relating to it. The percentage reduction to 15 the other allocations made in this section shall be the same as 16 the uniform reduction ordered by the governor or the percentage 17 change of the federal funding reduction, as applicable. 18 If there is an unanticipated increase in federal funding 19 provided for state child care assistance, the entire amount 20 of the increase shall be used for state child care assistance 21 payments. If the appropriations made for purposes of the 22 state child care assistance program for the fiscal year are 23 determined to be insufficient, it is the intent of the general 24 assembly to appropriate sufficient funding for the fiscal year 25 in order to avoid establishment of waiting list requirements. 26 8. Notwithstanding section 8.33 , moneys appropriated 27 in this section or advanced for purposes of the programs 28 developed by early childhood Iowa areas, advanced for purposes 29 of wraparound child care, or received from the federal 30 appropriations made for the purposes of this section that 31 remain unencumbered or unobligated at the close of the fiscal 32 year shall not revert to any fund but shall remain available 33 for expenditure for the purposes designated until the close of 34 the succeeding fiscal year. 35 -39- SF 2336 (5) 84 pf/jp/jh 39/ 96
S.F. 2336 Sec. 20. 2011 Iowa Acts, chapter 129, section 127, is 1 amended to read as follows: 2 SEC. 127. JUVENILE INSTITUTIONS. There is appropriated 3 from the general fund of the state to the department of human 4 services for the fiscal year beginning July 1, 2012, and ending 5 June 30, 2013, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 1. For operation of the Iowa juvenile home at Toledo and for 8 salaries, support, maintenance, and miscellaneous purposes, and 9 for not more than the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,129,125 11 8,328,264 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 13 2. For operation of the state training school at Eldora and 14 for salaries, support, maintenance, and miscellaneous purposes, 15 and for not more than the following full-time equivalent 16 positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,319,338 18 10,740,988 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 20 Of the funds appropriated in this subsection, $45,575 21 $91,150 shall be used for distribution to licensed classroom 22 teachers at this and other institutions under the control of 23 the department of human services based upon the average student 24 yearly enrollment at each institution as determined by the 25 department. 26 3. A portion of the moneys appropriated in this section 27 shall be used by the state training school and by the Iowa 28 juvenile home for grants for adolescent pregnancy prevention 29 activities at the institutions in the fiscal year beginning 30 July 1, 2012. 31 Sec. 21. 2011 Iowa Acts, chapter 129, section 128, is 32 amended to read as follows: 33 SEC. 128. CHILD AND FAMILY SERVICES. 34 1. There is appropriated from the general fund of the 35 -40- SF 2336 (5) 84 pf/jp/jh 40/ 96
S.F. 2336 state to the department of human services for the fiscal year 1 beginning July 1, 2012, and ending June 30, 2013, the following 2 amount, or so much thereof as is necessary, to be used for the 3 purpose designated: 4 For child and family services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,415,081 6 83,669,130 7 2. In order to address a reduction of $5,200,000 from the 8 amount allocated under the appropriation made for the purposes 9 of this section in prior years for purposes of juvenile 10 delinquent graduated sanction services, up to $2,600,000 11 $5,200,000 of the amount of federal temporary assistance 12 for needy families block grant funding appropriated in this 13 division of this Act for child and family services shall be 14 made available for purposes of juvenile delinquent graduated 15 sanction services. 16 3. The department may transfer funds appropriated in this 17 section as necessary to pay the nonfederal costs of services 18 reimbursed under the medical assistance program, state child 19 care assistance program, or the family investment program 20 which are provided to children who would otherwise receive 21 services paid under the appropriation in this section. The 22 department may transfer funds appropriated in this section 23 to the appropriations made in this division of this Act for 24 general administration and for field operations for resources 25 necessary to implement and operate the services funded in this 26 section. The department may transfer funds appropriated in 27 this section to the appropriation made in this division of 28 this Act for adoption subsidy to support the adjustment in 29 reimbursement rates for specified child welfare providers as 30 provided in this 2012 Act. 31 4. a. Of the funds appropriated in this section, up 32 to $15,084,564 $31,438,622 is allocated as the statewide 33 expenditure target under section 232.143 for group foster care 34 maintenance and services. If the department projects that such 35 -41- SF 2336 (5) 84 pf/jp/jh 41/ 96
S.F. 2336 expenditures for the fiscal year will be less than the target 1 amount allocated in this lettered paragraph, the department may 2 reallocate the excess to provide additional funding for shelter 3 care or the child welfare emergency services addressed with the 4 allocation for shelter care. 5 b. If at any time after September 30, 2012, annualization 6 of a service area’s current expenditures indicates a service 7 area is at risk of exceeding its group foster care expenditure 8 target under section 232.143 by more than 5 percent, the 9 department and juvenile court services shall examine all 10 group foster care placements in that service area in order to 11 identify those which might be appropriate for termination. 12 In addition, any aftercare services believed to be needed 13 for the children whose placements may be terminated shall be 14 identified. The department and juvenile court services shall 15 initiate action to set dispositional review hearings for the 16 placements identified. In such a dispositional review hearing, 17 the juvenile court shall determine whether needed aftercare 18 services are available and whether termination of the placement 19 is in the best interest of the child and the community. 20 5. In accordance with the provisions of section 232.188 , 21 the department shall continue the child welfare and juvenile 22 justice funding initiative during fiscal year 2012-2013. Of 23 the funds appropriated in this section, $858,876 $1,717,753 24 is allocated specifically for expenditure for fiscal year 25 2012-2013 through the decategorization service funding pools 26 and governance boards established pursuant to section 232.188 . 27 6. A portion of the funds appropriated in this section 28 may be used for emergency family assistance to provide other 29 resources required for a family participating in a family 30 preservation or reunification project or successor project to 31 stay together or to be reunified. 32 7. Notwithstanding section 234.35 or any other provision 33 of law to the contrary, state funding for shelter care and 34 the child welfare emergency services contracting implemented 35 -42- SF 2336 (5) 84 pf/jp/jh 42/ 96
S.F. 2336 to provide for or prevent the need for shelter care shall be 1 limited to $3,585,058 $7,385,639 . The department may continue 2 or execute contracts that result from the department’s request 3 for proposal, bid number ACFS-11-114, to provide the range of 4 child welfare emergency services described in the request for 5 proposals, and any subsequent amendments to the request for 6 proposals. 7 8. Federal funds received by the state during the fiscal 8 year beginning July 1, 2012, as the result of the expenditure 9 of state funds appropriated during a previous state fiscal 10 year for a service or activity funded under this section are 11 appropriated to the department to be used as additional funding 12 for services and purposes provided for under this section. 13 Notwithstanding section 8.33 , moneys received in accordance 14 with this subsection that remain unencumbered or unobligated at 15 the close of the fiscal year shall not revert to any fund but 16 shall remain available for the purposes designated until the 17 close of the succeeding fiscal year. 18 9. Of the funds appropriated in this section, at least 19 $1,848,142 shall be used for protective child care assistance. 20 10. a. Of the funds appropriated in this section, up to 21 $1,031,244 $2,062,488 is allocated for the payment of the 22 expenses of court-ordered services provided to juveniles who 23 are under the supervision of juvenile court services, which 24 expenses are a charge upon the state pursuant to section 25 232.141, subsection 4 . Of the amount allocated in this 26 lettered paragraph, up to $778,143 $1,556,287 shall be made 27 available to provide school-based supervision of children 28 adjudicated under chapter 232 , of which not more than $7,500 29 $15,000 may be used for the purpose of training. A portion of 30 the cost of each school-based liaison officer shall be paid by 31 the school district or other funding source as approved by the 32 chief juvenile court officer. 33 b. Of the funds appropriated in this section, up to $374,492 34 $748,985 is allocated for the payment of the expenses of 35 -43- SF 2336 (5) 84 pf/jp/jh 43/ 96
S.F. 2336 court-ordered services provided to children who are under the 1 supervision of the department, which expenses are a charge upon 2 the state pursuant to section 232.141, subsection 4 . 3 c. Notwithstanding section 232.141 or any other provision 4 of law to the contrary, the amounts allocated in this 5 subsection shall be distributed to the judicial districts 6 as determined by the state court administrator and to the 7 department’s service areas as determined by the administrator 8 of the department’s division of child and family services. The 9 state court administrator and the division administrator shall 10 make the determination of the distribution amounts on or before 11 June 15, 2012. 12 d. Notwithstanding chapter 232 or any other provision of 13 law to the contrary, a district or juvenile court shall not 14 order any service which is a charge upon the state pursuant 15 to section 232.141 if there are insufficient court-ordered 16 services funds available in the district court or departmental 17 service area distribution amounts to pay for the service. The 18 chief juvenile court officer and the departmental service area 19 manager shall encourage use of the funds allocated in this 20 subsection such that there are sufficient funds to pay for 21 all court-related services during the entire year. The chief 22 juvenile court officers and departmental service area managers 23 shall attempt to anticipate potential surpluses and shortfalls 24 in the distribution amounts and shall cooperatively request the 25 state court administrator or division administrator to transfer 26 funds between the judicial districts’ or departmental service 27 areas’ distribution amounts as prudent. 28 e. Notwithstanding any provision of law to the contrary, 29 a district or juvenile court shall not order a county to pay 30 for any service provided to a juvenile pursuant to an order 31 entered under chapter 232 which is a charge upon the state 32 under section 232.141, subsection 4 . 33 f. Of the funds allocated in this subsection, not more 34 than $41,500 $83,000 may be used by the judicial branch for 35 -44- SF 2336 (5) 84 pf/jp/jh 44/ 96
S.F. 2336 administration of the requirements under this subsection. 1 g. Of the funds allocated in this subsection, $8,500 $17,000 2 shall be used by the department of human services to support 3 the interstate commission for juveniles in accordance with 4 the interstate compact for juveniles as provided in section 5 232.173 . 6 11. Of the funds appropriated in this section, $2,961,301 7 $6,222,602 is allocated for juvenile delinquent graduated 8 sanctions services. Any state funds saved as a result of 9 efforts by juvenile court services to earn federal Tit. IV-E 10 match for juvenile court services administration may be used 11 for the juvenile delinquent graduated sanctions services. 12 12. Of the funds appropriated in this section, $494,142 13 $2,238,285 shall be transferred to the department of public 14 health to be used for the child protection center grant program 15 in accordance with section 135.118 . Of the amount allocated in 16 this subsection, $250,000 shall be used for a center for the 17 Black Hawk county area. 18 13. If the department receives federal approval to 19 implement a waiver under Tit. IV-E of the federal Social 20 Security Act to enable providers to serve children who remain 21 in the children’s families and communities, for purposes of 22 eligibility under the medical assistance program, children who 23 participate in the waiver shall be considered to be placed in 24 foster care. 25 14. Of the funds appropriated in this section, $1,534,916 26 $3,092,375 is allocated for the preparation for adult living 27 program pursuant to section 234.46 . 28 15. Of the funds appropriated in this section, $260,075 29 $520,150 shall be used for juvenile drug courts. The amount 30 allocated in this subsection shall be distributed as follows: 31 To the judicial branch for salaries to assist with the 32 operation of juvenile drug court programs operated in the 33 following jurisdictions: 34 a. Marshall county: 35 -45- SF 2336 (5) 84 pf/jp/jh 45/ 96
S.F. 2336 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,354 1 62,708 2 b. Woodbury county: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,841 4 125,682 5 c. Polk county: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97,946 7 195,892 8 d. The third judicial district: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 10 67,934 11 e. The eighth judicial district: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,967 13 67,934 14 16. Of the funds appropriated in this section, $113,668 15 $227,337 shall be used for the public purpose of providing 16 continuing a grant to a nonprofit human services organization 17 providing services to individuals and families in multiple 18 locations in southwest Iowa and Nebraska for support of a 19 project providing immediate, sensitive support and forensic 20 interviews, medical exams, needs assessments, and referrals for 21 victims of child abuse and their nonoffending family members. 22 17. Of the funds appropriated in this section, $62,795 23 $200,590 is allocated for the elevate foster care youth council 24 approach of providing a support network to children placed in 25 foster care. 26 18. Of the funds appropriated in this section, $101,000 27 $202,000 is allocated for use pursuant to section 235A.1 for 28 continuation of the initiative to address child sexual abuse 29 implemented pursuant to 2007 Iowa Acts, chapter 218, section 30 18, subsection 21. 31 19. Of the funds appropriated in this section, $315,120 32 $630,240 is allocated for the community partnership for child 33 protection sites. 34 20. Of the funds appropriated in this section, $185,625 35 -46- SF 2336 (5) 84 pf/jp/jh 46/ 96
S.F. 2336 $371,250 is allocated for the department’s minority youth and 1 family projects under the redesign of the child welfare system. 2 21. Of the funds appropriated in this section, $600,247 3 $1,436,595 is allocated for funding of the state match for 4 community circle of care collaboration for children and 5 youth in northeast Iowa, formerly referred to as the federal 6 substance abuse and mental health services administration 7 (SAMHSA) system of care grant. 8 22. Of the funds appropriated in this section, at least 9 $73,579 $147,158 shall be used for the child welfare training 10 academy. 11 23. Of the funds appropriated in this section, $12,500 12 $25,000 shall be used for the public purpose of continuation 13 of a grant to a child welfare services provider headquartered 14 in a county with a population between 205,000 and 215,000 in 15 the latest certified federal census that provides multiple 16 services including but not limited to a psychiatric medical 17 institution for children, shelter, residential treatment, after 18 school programs, school-based programming, and an Asperger’s 19 syndrome program, to be used for support services for children 20 with autism spectrum disorder and their families. 21 23A. Of the funds appropriated in this section, $25,000 22 shall be used for the public purpose of providing a grant to 23 a hospital-based provider headquartered in a county with a 24 population between 90,000 and 95,000 in the latest certified 25 federal census that provides multiple services including 26 but not limited to diagnostic, therapeutic, and behavioral 27 services to individuals with autism spectrum disorder across 28 the lifespan. The grant recipient shall utilize the funds to 29 implement a pilot project to determine the necessary support 30 services for children with autism spectrum disorder and 31 their families to be included in the children’s disabilities 32 services system. The grant recipient shall submit findings and 33 recommendations based upon the results of the pilot project 34 to the individuals specified in this division of this Act for 35 -47- SF 2336 (5) 84 pf/jp/jh 47/ 96
S.F. 2336 submission of reports by December 31, 2012. 1 24. Of the funds appropriated in this section $125,000 2 $327,947 shall be used for continuation of the central Iowa 3 system of care program grant through June 30, 2013. 4 25. Of the funds appropriated in this section, $80,000 5 $160,000 shall be used for the public purpose of the 6 continuation of a system of care grant implemented in Cerro 7 Gordo and Linn counties in accordance with this Act in FY 8 2011-2012. 9 Sec. 22. 2011 Iowa Acts, chapter 129, section 129, is 10 amended to read as follows: 11 SEC. 129. ADOPTION SUBSIDY. 12 1. There is appropriated from the general fund of the 13 state to the department of human services for the fiscal year 14 beginning July 1, 2012, and ending June 30, 2013, the following 15 amount, or so much thereof as is necessary, to be used for the 16 purpose designated: 17 For adoption subsidy payments and services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,633,295 19 33,238,897 20 2. The department may transfer funds appropriated in 21 this section to the appropriation made in this division of 22 this Act for general administration for costs paid from the 23 appropriation relating to adoption subsidy. The department 24 may transfer funds appropriated in this section to the 25 appropriation made in this division of this Act for child and 26 family services to support the adjustment in reimbursement 27 rates for specified child welfare providers as provided in this 28 2012 Act. 29 3. Federal funds received by the state during the 30 fiscal year beginning July 1, 2012, as the result of the 31 expenditure of state funds during a previous state fiscal 32 year for a service or activity funded under this section are 33 appropriated to the department to be used as additional funding 34 for the services and activities funded under this section. 35 -48- SF 2336 (5) 84 pf/jp/jh 48/ 96
S.F. 2336 Notwithstanding section 8.33 , moneys received in accordance 1 with this subsection that remain unencumbered or unobligated 2 at the close of the fiscal year shall not revert to any fund 3 but shall remain available for expenditure for the purposes 4 designated until the close of the succeeding fiscal year. 5 Sec. 23. 2011 Iowa Acts, chapter 129, section 131, is 6 amended to read as follows: 7 SEC. 131. FAMILY SUPPORT SUBSIDY PROGRAM. 8 1. There is appropriated from the general fund of the 9 state to the department of human services for the fiscal year 10 beginning July 1, 2012, and ending June 30, 2013, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purpose designated: 13 For the family support subsidy program subject to the 14 enrollment restrictions in section 225C.37, subsection 3 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 583,999 16 1,096,784 17 2. The department shall use at least $192,750 $385,500 18 of the moneys appropriated in this section for the family 19 support center component of the comprehensive family support 20 program under section 225C.47 . Not more than $12,500 $25,000 21 of the amount allocated in this subsection shall be used for 22 administrative costs. 23 3. If at any time during the fiscal year, the amount of 24 funding available for the family support subsidy program 25 is reduced from the amount initially used to establish the 26 figure for the number of family members for whom a subsidy 27 is to be provided at any one time during the fiscal year, 28 notwithstanding section 225C.38, subsection 2 , the department 29 shall revise the figure as necessary to conform to the amount 30 of funding available. 31 Sec. 24. 2011 Iowa Acts, chapter 129, section 132, is 32 amended to read as follows: 33 SEC. 132. CONNER DECREE. There is appropriated from the 34 general fund of the state to the department of human services 35 -49- SF 2336 (5) 84 pf/jp/jh 49/ 96
S.F. 2336 for the fiscal year beginning July 1, 2012, and ending June 30, 1 2013, the following amount, or so much thereof as is necessary, 2 to be used for the purpose designated: 3 For building community capacity through the coordination 4 and provision of training opportunities in accordance with the 5 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 6 Iowa, July 14, 1994): 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,811 8 33,622 9 Sec. 25. 2011 Iowa Acts, chapter 129, section 133, is 10 amended to read as follows: 11 SEC. 133. MENTAL HEALTH INSTITUTES. There is appropriated 12 from the general fund of the state to the department of human 13 services for the fiscal year beginning July 1, 2012, and ending 14 June 30, 2013, the following amounts, or so much thereof as is 15 necessary, to be used for the purposes designated: 16 1. For the state mental health institute at Cherokee for 17 salaries, support, maintenance, and miscellaneous purposes, and 18 for not more than the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,938,654 20 5,641,037 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 168.50 22 2. For the state mental health institute at Clarinda for 23 salaries, support, maintenance, and miscellaneous purposes, and 24 for not more than the following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,205,867 26 6,463,337 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 28 3. For the state mental health institute at Independence for 29 salaries, support, maintenance, and miscellaneous purposes, and 30 for not more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,137,842 32 9,804,212 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 34 4. For the state mental health institute at Mount Pleasant 35 -50- SF 2336 (5) 84 pf/jp/jh 50/ 96
S.F. 2336 for salaries, support, maintenance, and miscellaneous purposes, 1 and for not more than the following full-time equivalent 2 positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 472,161 4 944,323 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.72 6 Sec. 26. 2011 Iowa Acts, chapter 129, section 134, is 7 amended to read as follows: 8 SEC. 134. STATE RESOURCE CENTERS. 9 1. There is appropriated from the general fund of the 10 state to the department of human services for the fiscal year 11 beginning July 1, 2012, and ending June 30, 2013, the following 12 amounts, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 a. For the state resource center at Glenwood for salaries, 15 support, maintenance, and miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,253,900 17 19,092,576 18 b. For the state resource center at Woodward for salaries, 19 support, maintenance, and miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,392,829 21 13,176,093 22 2. The department may continue to bill for state resource 23 center services utilizing a scope of services approach used for 24 private providers of ICFMR services, in a manner which does not 25 shift costs between the medical assistance program, counties, 26 or other sources of funding for the state resource centers. 27 3. The state resource centers may expand the time-limited 28 assessment and respite services during the fiscal year. 29 4. If the department’s administration and the department 30 of management concur with a finding by a state resource 31 center’s superintendent that projected revenues can reasonably 32 be expected to pay the salary and support costs for a new 33 employee position, or that such costs for adding a particular 34 number of new positions for the fiscal year would be less 35 -51- SF 2336 (5) 84 pf/jp/jh 51/ 96
S.F. 2336 than the overtime costs if new positions would not be added, 1 the superintendent may add the new position or positions. If 2 the vacant positions available to a resource center do not 3 include the position classification desired to be filled, the 4 state resource center’s superintendent may reclassify any 5 vacant position as necessary to fill the desired position. The 6 superintendents of the state resource centers may, by mutual 7 agreement, pool vacant positions and position classifications 8 during the course of the fiscal year in order to assist one 9 another in filling necessary positions. 10 5. If existing capacity limitations are reached in 11 operating units, a waiting list is in effect for a service or 12 a special need for which a payment source or other funding 13 is available for the service or to address the special need, 14 and facilities for the service or to address the special need 15 can be provided within the available payment source or other 16 funding, the superintendent of a state resource center may 17 authorize opening not more than two units or other facilities 18 and begin implementing the service or addressing the special 19 need during fiscal year 2012-2013. 20 Sec. 27. 2011 Iowa Acts, chapter 129, section 135, is 21 amended to read as follows: 22 SEC. 135. MI/MR/DD STATE CASES. 23 1. There is appropriated from the general fund of the 24 state to the department of human services for the fiscal year 25 beginning July 1, 2012, and ending June 30, 2013, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purpose designated: 28 For distribution to counties for state case services 29 for persons with mental illness, mental retardation, and 30 developmental disabilities in accordance with section 331.440 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,084,741 32 12,169,482 33 2. For the fiscal year beginning July 1, 2012, and ending 34 June 30, 2013, $100,000 $200,000 is allocated for state case 35 -52- SF 2336 (5) 84 pf/jp/jh 52/ 96
S.F. 2336 services from the amounts appropriated from the fund created 1 in section 8.41 to the department of human services from the 2 funds received from the federal government under 42 U.S.C. ch. 3 6A, subch. XVII, relating to the community mental health center 4 block grant, for the federal fiscal years beginning October 5 1, 2010, and ending September 30, 2011, beginning October 1, 6 2011, and ending September 30, 2012, and beginning October 1, 7 2012, and ending September 30, 2013. The allocation made in 8 this subsection shall be made prior to any other distribution 9 allocation of the appropriated federal funds. 10 3. Notwithstanding section 8.33 , moneys appropriated in 11 this section that remain unencumbered or unobligated at the 12 close of the fiscal year shall not revert but shall remain 13 available for expenditure for the purposes designated until the 14 close of the succeeding fiscal year. 15 Sec. 28. 2011 Iowa Acts, chapter 129, section 137, is 16 amended to read as follows: 17 SEC. 137. SEXUALLY VIOLENT PREDATORS. 18 1. There is appropriated from the general fund of the 19 state to the department of human services for the fiscal year 20 beginning July 1, 2012, and ending June 30, 2013, the following 21 amount, or so much thereof as is necessary, to be used for the 22 purpose designated: 23 For costs associated with the commitment and treatment of 24 sexually violent predators in the unit located at the state 25 mental health institute at Cherokee, including costs of legal 26 services and other associated costs, including salaries, 27 support, maintenance, and miscellaneous purposes, and for not 28 more than the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,775,363 30 9,113,668 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 89.50 32 115.50 33 2. Unless specifically prohibited by law, if the amount 34 charged provides for recoupment of at least the entire amount 35 -53- SF 2336 (5) 84 pf/jp/jh 53/ 96
S.F. 2336 of direct and indirect costs, the department of human services 1 may contract with other states to provide care and treatment 2 of persons placed by the other states at the unit for sexually 3 violent predators at Cherokee. The moneys received under 4 such a contract shall be considered to be repayment receipts 5 and used for the purposes of the appropriation made in this 6 section. 7 Sec. 29. 2011 Iowa Acts, chapter 129, section 138, is 8 amended to read as follows: 9 SEC. 138. FIELD OPERATIONS. There is appropriated from the 10 general fund of the state to the department of human services 11 for the fiscal year beginning July 1, 2012, and ending June 30, 12 2013, the following amount, or so much thereof as is necessary, 13 to be used for the purposes designated: 14 For field operations, including salaries, support, 15 maintenance, and miscellaneous purposes, and for not more than 16 the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,394,960 18 61,915,440 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,781.00 20 Priority in filling full-time equivalent positions shall be 21 given to those positions related to child protection services 22 and eligibility determination for low-income families. 23 Notwithstanding section 8.33, moneys appropriated in this 24 section that remain unencumbered or unobligated at the close of 25 the fiscal year shall not revert but shall remain available for 26 expenditure for the purposes designated until the close of the 27 succeeding fiscal year. 28 Sec. 30. 2011 Iowa Acts, chapter 129, section 139, is 29 amended to read as follows: 30 SEC. 139. GENERAL ADMINISTRATION. There is appropriated 31 from the general fund of the state to the department of human 32 services for the fiscal year beginning July 1, 2012, and ending 33 June 30, 2013, the following amount, or so much thereof as is 34 necessary, to be used for the purpose designated: 35 -54- SF 2336 (5) 84 pf/jp/jh 54/ 96
S.F. 2336 For general administration, including salaries, support, 1 maintenance, and miscellaneous purposes, and for not more than 2 the following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,298,372 4 15,841,874 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 285.00 295.00 6 1. Of the funds appropriated in this section, $19,271 7 $38,543 allocated for the prevention of disabilities policy 8 council established in section 225B.3 . 9 2. The department shall report at least monthly to the 10 legislative services agency concerning the department’s 11 operational and program expenditures. 12 3. Of the funds appropriated in this section, $66,150 13 $132,300 shall be used to continue the contract for the 14 provision of a program to provide technical assistance, 15 support, and consultation to providers of habilitation services 16 and home and community-based services waiver services for 17 adults with disabilities under the medical assistance program. 18 4. Of the funds appropriated in this section, $88,200 19 $500,000 shall be used to continue the contract to expand 20 the provision of nationally accredited and recognized 21 internet-based training to include mental health and disability 22 services providers. 23 5. Of the funds appropriated in this section, $250,000 24 $500,000 shall be used for continuation of child protection 25 system improvements addressed in 2011 Iowa Acts, House File 26 562 , as enacted chapter 28 . 27 6. Notwithstanding section 8.33, moneys appropriated in 28 this section that remain unencumbered or unobligated at the 29 close of the fiscal year shall not revert but shall remain 30 available for expenditure for the purposes designated until the 31 close of the succeeding fiscal year. 32 Sec. 31. 2011 Iowa Acts, chapter 129, section 140, is 33 amended to read as follows: 34 SEC. 140. VOLUNTEERS. There is appropriated from the 35 -55- SF 2336 (5) 84 pf/jp/jh 55/ 96
S.F. 2336 general fund of the state to the department of human services 1 for the fiscal year beginning July 1, 2012, and ending June 30, 2 2013, the following amount, or so much thereof as is necessary, 3 to be used for the purpose designated: 4 For development and coordination of volunteer services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,330 6 84,660 7 PROVIDER REIMBURSEMENT —— NURSING FACILITIES 8 Sec. 32. 2011 Iowa Acts, chapter 129, section 141, 9 subsection 1, paragraph a, subparagraph (1), is amended to read 10 as follows: 11 (1) For the fiscal year beginning July 1, 2012, the total 12 state funding amount for the nursing facility budget shall not 13 exceed $225,457,724 $239,726,901 . 14 Sec. 33. 2011 Iowa Acts, chapter 129, section 141, 15 subsection 1, paragraph a, is amended by adding the following 16 new subparagraph: 17 NEW SUBPARAGRAPH . (1A) For the fiscal year beginning July 18 1, 2012, and ending June 30, 2013, and within the total state 19 funding amount identified in subparagraph (1), the department 20 shall distribute not more than $2,500,000 in reimbursement to 21 nursing facilities by adjusting the statewide median of the 22 direct care component of nursing facility costs based upon 23 the most recent cost report submitted by the nursing facility 24 for the period ending on or before December 31, 2011, and 25 inflating these costs forward to July 1, 2012, by using the 26 midpoint of each cost report and applying the skilled nursing 27 facility market basket index. The department shall adjust the 28 reimbursement calculated under this subparagraph as necessary 29 to maintain expenditures of the nursing facility budget 30 within the state funding amount specified in this subparagraph 31 and within the total state funding amount identified in 32 subparagraph (1) for the fiscal year. 33 PROVIDER REIMBURSEMENT —— PHARMACY, PMICS, HOME HEALTH 34 AGENCIES, HCBS WAIVER 35 -56- SF 2336 (5) 84 pf/jp/jh 56/ 96
S.F. 2336 Sec. 34. 2011 Iowa Acts, chapter 129, section 141, 1 subsection 1, paragraphs b, f, i, and q, are amended to read as 2 follows: 3 b. (1) For the fiscal year beginning July 1, 2012, the 4 department shall reimburse pharmacy dispensing fees using a 5 single rate of range between $4.34 per prescription or the 6 pharmacy’s usual and customary fee, whichever is lower , and 7 $11.10 per prescription . The actual dispensing fee set within 8 the range shall be determined by a cost of dispensing survey 9 performed by the department and required to be completed by all 10 medical assistance program participating pharmacies. 11 However, the department shall adjust the dispensing fee 12 specified in this paragraph to distribute an additional 13 $2,981,980 in reimbursements for pharmacy dispensing fees under 14 this paragraph for the fiscal year. 15 (2) The department shall implement an average acquisition 16 cost reimbursement methodology for all drugs covered under the 17 medical assistance program. The methodology shall utilize a 18 survey of pharmacy invoices from a rotation of pharmacies in 19 determining the average acquisition cost component of pharmacy 20 reimbursement. Pharmacies and providers that are enrolled 21 in the medical assistance program shall make available drug 22 acquisition cost invoice information, product availability 23 information if known, and other information deemed necessary 24 by the department to assist the department in monitoring and 25 revising the reimbursement rates and for efficient operation of 26 the pharmacy benefit. The department shall provide a process 27 for pharmacies to address average acquisition cost prices that 28 are not reflective of the actual cost of a drug. 29 (a) A pharmacy or provider shall produce and submit the 30 requested information in the manner and format requested by the 31 department or its designee at no cost to the department or its 32 designee. 33 (b) A pharmacy or provider shall submit information to the 34 department or its designee within the time frame indicated 35 -57- SF 2336 (5) 84 pf/jp/jh 57/ 96
S.F. 2336 following receipt of a request for information unless the 1 department or its designee grants an extension upon written 2 request of the pharmacy or provider. 3 f. For the fiscal year beginning July 1, 2012, reimbursement 4 rates for home health agencies shall remain at be increased by 5 2 percent over the rates in effect on June 30, 2012, not to 6 exceed a home health agency’s actual allowable cost. 7 i. (1) For the fiscal year beginning July 1, 2012, 8 state-owned psychiatric medical institutions for children shall 9 receive cost-based reimbursement for 100 percent of the actual 10 and allowable costs for the provision of services to recipients 11 of medical assistance. 12 (2) For the nonstate-owned psychiatric medical institutions 13 for children, reimbursement rates shall be based on the 14 reimbursement methodology developed by the department as 15 required for federal compliance. 16 (3) As a condition of participation in the medical 17 assistance program, enrolled providers shall accept the medical 18 assistance reimbursement rate for any covered goods or services 19 provided to recipients of medical assistance who are children 20 under the custody of a psychiatric medical institution for 21 children. 22 q. For the fiscal year beginning July 1, 2012, the 23 department shall adjust the rates in effect on June 30, 2012, 24 reimbursement rates for providers of home and community-based 25 services waiver services to distribute an additional $1,500,000 26 in reimbursements to such providers for the fiscal year shall 27 be increased by 2 percent over the rates in effect on June 30, 28 2012 . 29 PROVIDER REIMBURSEMENT —— SPECIFIED CHILD WELFARE PROVIDERS 30 Sec. 35. 2011 Iowa Acts, chapter 129, section 141, is 31 amended by adding the following new subsection: 32 NEW SUBSECTION . 6A. For the fiscal year beginning July 33 1, 2012, the department shall adjust the foster family basic 34 daily maintenance rate, the maximum adoption subsidy rates 35 -58- SF 2336 (5) 84 pf/jp/jh 58/ 96
S.F. 2336 for children, the family-centered service providers rate, 1 the family foster care service providers rate, the group 2 foster care service providers rate, and the resource family 3 recruitment and retention contractor rate, as such rates are 4 identified in this section and were in effect on June 30, 5 2012, in order to distribute an additional $3,070,512 in state 6 reimbursements equitably to such providers for the fiscal year. 7 PROVIDER REIMBURSEMENT —— CHILD CARE 8 Sec. 36. 2011 Iowa Acts, chapter 129, section 141, 9 subsection 10, is amended to read as follows: 10 10. For the fiscal year beginning July 1, 2012, for child 11 care providers reimbursed under the state child care assistance 12 program, the department shall set provider reimbursement 13 rates based on the rate reimbursement survey completed in 14 December 2004. Effective July 1, 2012, the child care provider 15 reimbursement rates shall remain at be increased by 4 percent 16 over the rates in effect on June 30, 2012. The department 17 shall set rates in a manner so as to provide incentives for a 18 nonregistered provider to become registered by applying the 19 increase only to registered and licensed providers. 20 REBASING STUDY —— MEDICAID HOME HEALTH AND HCBS WAIVER SERVICE 21 PROVIDERS 22 Sec. 37. 2011 Iowa Acts, chapter 129, section 141, is 23 amended by adding the following new subsection: 24 NEW SUBSECTION . 10A. The department shall review 25 reimbursement of home health agency and home and 26 community-based services waiver services providers and shall 27 submit a recommendation for a rebasing methodology applicable 28 to such providers for the fiscal year beginning July 1, 2013, 29 and thereafter, to the individuals identified in this division 30 of this Act for receipt of reports. 31 ELDERLY WAIVER 32 Sec. 38. 2011 Iowa Acts, chapter 129, section 141, is 33 amended by adding the following new subsection: 34 NEW SUBSECTION . 10B. The department shall increase the 35 -59- SF 2336 (5) 84 pf/jp/jh 59/ 96
S.F. 2336 monthly reimbursement cap for the medical assistance home and 1 community-based services waiver for the elderly to $1,400 per 2 month. 3 REPORTS 4 Sec. 39. 2011 Iowa Acts, chapter 129, section 143, is 5 amended to read as follows: 6 SEC. 143. REPORTS. Any reports or other information 7 required to be compiled and submitted under this Act shall be 8 submitted to the chairpersons and ranking members of the joint 9 appropriations subcommittee on health and human services, the 10 legislative services agency, and the legislative caucus staffs 11 on or before the dates specified for submission of the reports 12 or information. 13 DIVISION V 14 HEALTH CARE ACCOUNTS AND FUNDS 15 PHARMACEUTICAL SETTLEMENT ACCOUNT 16 Sec. 40. 2011 Iowa Acts, chapter 129, section 145, is 17 amended to read as follows: 18 SEC. 145. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 19 appropriated from the pharmaceutical settlement account created 20 in section 249A.33 to the department of human services for the 21 fiscal year beginning July 1, 2012, and ending June 30, 2013, 22 the following amount, or so much thereof as is necessary, to be 23 used for the purpose designated: 24 Notwithstanding any provision of law to the contrary, to 25 supplement the appropriations made in this Act for medical 26 contracts under the medical assistance program for the fiscal 27 year beginning July 1, 2012, and ending June 30, 2013 : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,716,807 29 IOWACARE ACCOUNT APPROPRIATIONS —— UNIVERSITY OF IOWA HOSPITALS 30 AND CLINICS 31 Sec. 41. 2011 Iowa Acts, chapter 129, section 146, 32 subsection 2, unnumbered paragraph 2, is amended to read as 33 follows: 34 For salaries, support, maintenance, equipment, and 35 -60- SF 2336 (5) 84 pf/jp/jh 60/ 96
S.F. 2336 miscellaneous purposes, for the provision of medical and 1 surgical treatment of indigent patients, for provision of 2 services to members of the expansion population pursuant to 3 chapter 249J , and for medical education: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,226,279 5 45,654,133 6 IOWACARE ACCOUNT —— PUBLICLY OWNED ACUTE CARE TEACHING HOSPITAL 7 Sec. 42. 2011 Iowa Acts, chapter 129, section 146, 8 subsection 4, unnumbered paragraph 2, is amended to read as 9 follows: 10 For distribution to a publicly owned acute care teaching 11 hospital located in a county with a population over 350,000 for 12 the provision of medical and surgical treatment of indigent 13 patients, for provision of services to members of the expansion 14 population pursuant to chapter 249J , and for medical education: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,000,000 16 70,000,000 17 IOWACARE ACCOUNT —— PUBLICLY OWNED ACUTE CARE HOSPITAL 18 ALLOCATIONS 19 Sec. 43. 2011 Iowa Acts, chapter 129, section 146, 20 subsection 4, paragraphs a and b, are amended to read as 21 follows: 22 a. Notwithstanding any provision of law to the contrary, 23 the amount appropriated in this subsection shall be distributed 24 based on claims submitted, adjudicated, and paid by the Iowa 25 Medicaid enterprise plus a monthly disproportionate share 26 hospital payment. Any amount appropriated in this subsection 27 in excess of $60,000,000 $65,000,000 shall be distributed only 28 if the sum of the expansion population claims adjudicated 29 and paid by the Iowa Medicaid enterprise plus the estimated 30 disproportionate share hospital payments exceeds $60,000,000 31 $65,000,000 . The amount paid in excess of $60,000,000 32 $65,000,000 shall not adjust the original monthly payment 33 amount but shall be distributed monthly based on actual claims 34 adjudicated and paid by the Iowa Medicaid enterprise plus 35 -61- SF 2336 (5) 84 pf/jp/jh 61/ 96
S.F. 2336 the estimated disproportionate share hospital amount. Any 1 amount appropriated in this subsection in excess of $60,000,000 2 $65,000,000 shall be allocated only if federal funds are 3 available to match the amount allocated. Pursuant to paragraph 4 “b”, of the amount appropriated in this subsection, not more 5 than $4,000,000 shall be distributed for prescription drugs , 6 and podiatry services , and optometric services . 7 b. Notwithstanding any provision of law to the contrary, 8 the hospital identified in this subsection, shall be reimbursed 9 for outpatient prescription drugs , and podiatry services , 10 and optometric services provided to members of the expansion 11 population pursuant to all applicable medical assistance 12 program rules, in an amount not to exceed $4,000,000. 13 IOWACARE ACCOUNT —— REGIONAL PROVIDER NETWORK 14 Sec. 44. 2011 Iowa Acts, chapter 129, section 146, 15 subsection 5, unnumbered paragraph 2, is amended to read as 16 follows: 17 For payment to the regional provider network specified 18 by the department pursuant to section 249J.7 for provision 19 of covered services to members of the expansion population 20 pursuant to chapter 249J : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,472,176 22 4,986,366 23 ACCOUNT FOR HEALTH CARE TRANSFORMATION 24 Sec. 45. 2011 Iowa Acts, chapter 129, section 148, is 25 amended to read as follows: 26 SEC. 148. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE 27 TRANSFORMATION —— DEPARTMENT OF HUMAN SERVICES. 28 Notwithstanding any provision to the contrary, there is 29 appropriated from the account for health care transformation 30 created in section 249J.23 to the department of human services 31 for the fiscal year beginning July 1, 2012, and ending June 32 30, 2013, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. For the provision of an IowaCare nurse helpline for the 35 -62- SF 2336 (5) 84 pf/jp/jh 62/ 96
S.F. 2336 expansion population as provided in section 249J.6 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 2 100,000 3 2. For other health promotion partnership activities 4 pursuant to section 249J.14 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 6 600,000 7 3. For the costs related to audits, performance 8 evaluations, and studies required pursuant to chapter 249J : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 10 125,000 11 4. For administrative costs associated with chapter 249J : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 566,206 13 1,132,412 14 5. For planning and development, in cooperation with the 15 department of public health, of a phased-in program to provide 16 a dental home for children in accordance with section 249J.14 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 18 1,000,000 19 6. For continuation of the establishment of the tuition 20 assistance for individuals serving individuals with 21 disabilities pilot program, as enacted in 2008 Iowa Acts, 22 chapter 1187, section 130: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 24 50,000 25 7. For medical contracts: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 27 2,400,000 28 8. For payment to the publicly owned acute care teaching 29 hospital located in a county with a population of over 350,000 30 that is a participating provider pursuant to chapter 249J : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,000 32 540,000 33 Disbursements under this subsection shall be made monthly. 34 The hospital shall submit a report following the close of the 35 -63- SF 2336 (5) 84 pf/jp/jh 63/ 96
S.F. 2336 fiscal year regarding use of the funds appropriated in this 1 subsection to the persons specified in this Act to receive 2 reports. 3 9. For transfer to the department of public health to be 4 used for the costs of medical home system advisory council 5 established pursuant to section 135.159 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 116,679 7 233,357 8 10. For continued implementation of a uniform cost report: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 10 150,000 11 11. For continued implementation of an electronic medical 12 records system: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 14 100,000 15 Notwithstanding section 8.33 , funds allocated in this 16 subsection that remain unencumbered or unobligated at the close 17 of the fiscal year shall not revert but shall remain available 18 in succeeding fiscal years to be used for the purposes 19 designated. 20 12. For transfer to the department of public health to 21 support the department’s activities relating to health and 22 long-term care access as specified pursuant to chapter 135, 23 division XXIV : 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,107 25 134,214 26 13. For continuation of an accountable care organization 27 pilot project: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 29 100,000 30 14. For the continued development of a provider payment 31 system plan to provide recommendations to reform the health 32 care provider payment system as an effective way to promote 33 coordination of care, lower costs, and improve quality: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 35 -64- SF 2336 (5) 84 pf/jp/jh 64/ 96
S.F. 2336 15. For transfer to the department of public health to 1 be used as state matching funds for the health information 2 technology system network developed by the department of public 3 health: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 181,993 5 363,987 6 16. To supplement the appropriation for medical assistance: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,956,245 4,106,245 8 Notwithstanding section 8.39, subsection 1 , without the 9 prior written consent and approval of the governor and the 10 director of the department of management, the director of human 11 services may transfer funds among the appropriations made in 12 this section as necessary to carry out the purposes of the 13 account for health care transformation. The department shall 14 report any transfers made pursuant to this section to the 15 legislative services agency. 16 MEDICAID FRAUD FUND 17 Sec. 46. 2011 Iowa Acts, chapter 129, section 150, is 18 amended to read as follows: 19 SEC. 150. MEDICAID FRAUD ACCOUNT FUND —— DEPARTMENT OF 20 HUMAN SERVICES. There is appropriated from the Medicaid fraud 21 account fund created in section 249A.7 to the department of 22 human services for the fiscal year beginning July 1, 2012, and 23 ending June 30, 2013, the following amount, or so much thereof 24 as is necessary, to be used for the purposes designated: 25 To supplement the appropriation made in this Act from the 26 general fund of the state to the department of human services 27 for medical assistance for the fiscal year beginning July 1, 28 2012, and ending June 30, 2013 : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 30 QUALITY ASSURANCE TRUST FUND 31 Sec. 47. 2011 Iowa Acts, chapter 129, section 151, is 32 amended to read as follows: 33 SEC. 151. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 34 HUMAN SERVICES. Notwithstanding any provision to the contrary 35 -65- SF 2336 (5) 84 pf/jp/jh 65/ 96
S.F. 2336 and subject to the availability of funds, there is appropriated 1 from the quality assurance trust fund created in section 2 249L.4 to the department of human services for the fiscal year 3 beginning July 1, 2012, and ending June 30, 2013, the following 4 amounts, or so much thereof as is necessary for the purposes 5 designated: 6 To supplement the appropriation made in this Act from the 7 general fund of the state to the department of human services 8 for medical assistance: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,000,000 10 26,500,000 11 HOSPITAL HEALTH CARE ACCESS TRUST FUND 12 Sec. 48. 2011 Iowa Acts, chapter 129, section 152, is 13 amended to read as follows: 14 SEC. 152. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 15 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 16 the contrary and subject to the availability of funds, there is 17 appropriated from the hospital health care access trust fund 18 created in section 249M.4 to the department of human services 19 for the fiscal year beginning July 1, 2012, and ending June 20 30, 2013, the following amounts, or so much thereof as is 21 necessary, for the purposes designated: 22 1. To supplement the appropriation made in this Act from the 23 general fund of the state to the department of human services 24 for medical assistance: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,223,800 26 33,898,400 27 2. For deposit in the nonparticipating provider 28 reimbursement fund created in section 249J.24A to be used for 29 the purposes of the fund: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 776,200 31 801,600 32 MISCELLANEOUS PROVISIONS 33 Sec. 49. REPEAL. 2011 Iowa Acts, chapter 129, section 149, 34 is repealed. 35 -66- SF 2336 (5) 84 pf/jp/jh 66/ 96
S.F. 2336 DIVISION VI 1 CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD ENROLLMENT 2 CONTINGENCY FUND 3 Sec. 50. CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD 4 ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE OF FUNDS —— 5 FY 2011-2012. 6 1. Moneys received from the federal government through 7 the child enrollment contingency fund established pursuant 8 to section 103 of the federal Children’s Health Insurance 9 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 10 appropriated to the department of human services for the fiscal 11 year beginning July 1, 2011, and ending June 30, 2012, to be 12 used in addition to any other amounts appropriated for the same 13 purposes for the fiscal year as follows: 14 a. For adoption subsidy payments and services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,177,355 16 b. For child care programs: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,212,432 18 c. For transfer to the department of public health to be 19 used for tobacco use prevention, cessation, and treatment 20 through support of Quitline Iowa: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350,000 22 2. Notwithstanding section 8.39, and to the extent 23 that funds appropriated in this section are unexpended or 24 unobligated for the purposes specified in subsection 1, the 25 department of human services may transfer funds within or 26 between any of the appropriations made in this section for the 27 following purposes: 28 a. For adoption subsidy payments and services. 29 b. For child care assistance. 30 Sec. 51. CHILDREN’S HEALTH INSURANCE PROGRAM —— CHILD 31 ENROLLMENT CONTINGENCY FUND —— DIRECTIVES FOR USE OF FUNDS —— 32 FY 2012-2013. 33 1. a. Moneys received from the federal government through 34 the child enrollment contingency fund established pursuant 35 -67- SF 2336 (5) 84 pf/jp/jh 67/ 96
S.F. 2336 to section 103 of the federal Children’s Health Insurance 1 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 2 appropriated to the department of human services for the fiscal 3 year beginning July 1, 2012, and ending June 30, 2013, to be 4 used in addition to any other amounts appropriated for the same 5 purposes for the fiscal year as follows: 6 (1) For adoption subsidy payments and services: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,290,441 8 (2) For child care programs: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,969,021 10 (3) For mental health and disability services redesign 11 technical assistance services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500,000 13 (4) For the field operations integrity claims unit: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 961,100 15 (5) For medical assistance program reimbursement and 16 associated costs: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,950,428 18 (6) For lodging expenses associated with patient care 19 provided at the university of Iowa hospital and clinics under 20 chapter 249J: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 22 The department of human services shall establish the maximum 23 number of overnight stays and the maximum rate reimbursed for 24 overnight lodging, which may be based on the state employee 25 rate established by the department of administrative services. 26 The funds allocated under this subparagraph shall not be used 27 as nonfederal share matching funds. 28 (7) For ambulance services associated with patient care 29 provided under chapter 249J: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 31 The department of human services shall establish 32 requirements for use of funds in this subparagraph for 33 ambulance services when no other third-party payment is 34 available. The funds allocated in this subparagraph shall not 35 -68- SF 2336 (5) 84 pf/jp/jh 68/ 96
S.F. 2336 be used as nonfederal share matching funds. 1 (8) For the public purpose of distribution to a statewide 2 nonprofit organization consisting of low-income housing and 3 homelessness service providers, advocates, local governments, 4 lending institutions, and low-income and homeless individuals 5 to be used to empower low-income individuals and to increase 6 their access to affordable housing: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 8 b. Notwithstanding section 8.39, and to the extent that 9 funds appropriated in this subsection are unexpended or 10 unobligated for the purposes specified in paragraph “a”, 11 subparagraphs (1) and (2), for the fiscal year beginning July 12 1, 2012, the department of human services may transfer funds 13 within or between any of the appropriations made in this 14 subsection for the following purposes: 15 (1) For adoption subsidy payments and services. 16 (2) For child care assistance. 17 2. Moneys received from the federal government through 18 the child enrollment contingency fund established pursuant 19 to section 103 of the federal Children’s Health Insurance 20 Program Reauthorization Act of 2009, Pub. L. No. 111-3, are 21 appropriated to the department of human services for the fiscal 22 year beginning July 1, 2012, and ending June 30, 2013, to be 23 used for audit settlements: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,405,936 25 Notwithstanding section 8.33, moneys appropriated in this 26 subsection that remain unencumbered or unobligated at the close 27 of the fiscal year shall not revert to any other fund but shall 28 remain available for expenditure for the purposes designated 29 until the close of the succeeding fiscal year. 30 Sec. 52. EFFECTIVE DATE PROVISIONS. The section of this 31 division of this Act appropriating moneys received through the 32 federal Child Enrollment Contingency Fund for the fiscal year 33 beginning July 1, 2011, and ending June 30, 2012, being deemed 34 of immediate importance, take effect upon enactment. 35 -69- SF 2336 (5) 84 pf/jp/jh 69/ 96
S.F. 2336 Sec. 53. RETROACTIVE APPLICABILITY. The section of this 1 division of this Act appropriating moneys received through 2 the federal Child Enrollment Contingency Fund for the fiscal 3 year beginning July 1, 2011, and ending June 30, 2012, applies 4 retroactively to July 1, 2011. 5 DIVISION VII 6 MENTAL HEALTH AND DISABILITY SERVICES MEDICAL ASSISTANCE 7 PROGRAM ADDITIONAL FUNDING 8 Sec. 54. RISK POOL APPROPRIATION FOR MEDICAL ASSISTANCE 9 PROGRAM. All moneys remaining in the risk pool of the property 10 tax relief fund on June 30, 2012, following the distributions 11 made pursuant to 2012 Iowa Acts, Senate File 2071, are 12 appropriated to the department of human services for the fiscal 13 year beginning July 1, 2012, and ending June 30, 2013, to be 14 used for the purpose designated: 15 To be credited to the appropriation made for the medical 16 assistance program in 2011 Iowa Acts, chapter 129, section 122. 17 Sec. 55. MENTAL HEALTH AND DISABILITY SERVICES REDESIGN. 18 There is appropriated from the general fund of the state to 19 the department of human services for the fiscal year beginning 20 July 1, 2012, and ending June 30, 2013, the following amount, 21 or so much thereof as is necessary, to be used for the purposes 22 designated: 23 For the medical assistance program appropriation for the 24 fiscal year for the expense of replacing the enhanced match 25 rate provided through the federal American Recovery and 26 Reinvestment Act of 2009 and for the reduction in the federal 27 medical assistance percentage associated with the mental health 28 and disabilities services for which the match has been paid by 29 counties: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,893,762 31 DIVISION VIII 32 PRIOR APPROPRIATIONS AND RELATED CHANGES 33 INJURED VETERANS GRANT PROGRAM 34 Sec. 56. 2008 Iowa Acts, chapter 1187, section 69, 35 -70- SF 2336 (5) 84 pf/jp/jh 70/ 96
S.F. 2336 unnumbered paragraph 1, as amended by 2009 Iowa Acts, chapter 1 182, section 83, 2010 Iowa Acts, chapter 1192, section 56, and 2 2011 Iowa Acts, chapter 129, section 53, is amended to read as 3 follows: 4 Notwithstanding section 8.33 , moneys appropriated in this 5 subsection that remain unencumbered or unobligated at the close 6 of the fiscal year shall not revert but shall remain available 7 for expenditure for the purposes designated until the close of 8 the fiscal year beginning July 1, 2011 2012 . 9 CHILD WELFARE DECATEGORIZATION 10 FY 2009-2010 NONREVERSION 11 Sec. 57. 2009 Iowa Acts, chapter 182, section 14, subsection 12 5, unnumbered paragraph 2, as enacted by 2011 Iowa Acts, 13 chapter 129, section 55, is amended to read as follows: 14 Notwithstanding section 232.188, subsection 5 , moneys from 15 the allocations made in this subsection or made from any other 16 source for the decategorization of child welfare and juvenile 17 justice funding initiative under section 232.188 for the fiscal 18 year beginning July 1, 2009, that are designated as carryover 19 funding that remain unencumbered or unobligated at the close 20 of the fiscal year beginning July 1, 2010, shall not revert 21 but shall be transferred to in equal amounts to the community 22 housing and services for persons with disabilities revolving 23 loan program fund created in section 16.185 , as enacted by 24 this division of this 2011 Act and to the supportive and 25 residential services for individuals who meet the psychiatric 26 medical institution for children level of care competitive 27 grant program fund created in section 16.185A, as enacted by 28 this 2012 Act . 29 IOWA VETERANS HOME 30 Sec. 58. 2011 Iowa Acts, chapter 129, section 3, subsection 31 2, is amended by adding the following new paragraph: 32 NEW PARAGRAPH . d. The funds appropriated in this subsection 33 to the Iowa veterans home that remain available for expenditure 34 for the succeeding fiscal year pursuant to section 35D.18, 35 -71- SF 2336 (5) 84 pf/jp/jh 71/ 96
S.F. 2336 subsection 5, shall be distributed to be used in the succeeding 1 fiscal year in accordance with this lettered paragraph. The 2 first $500,000 shall remain available to be used for the 3 purposes of the Iowa veterans home. Any remaining balance 4 shall be credited to the appropriation in this Act for the 5 fiscal year beginning July 1, 2012, for medical assistance. 6 FAMILY INVESTMENT PROGRAM —— GENERAL FUND 7 Sec. 59. 2011 Iowa Acts, chapter 129, section 7, is amended 8 by adding the following new subsection: 9 NEW SUBSECTION . 5. Notwithstanding section 8.33, moneys 10 appropriated in this section that remain unencumbered or 11 unobligated at the close of the fiscal year shall not revert 12 but shall remain available for expenditure for the purposes 13 designated until the close of the succeeding fiscal year. 14 MEDICAL ASSISTANCE 15 Sec. 60. 2011 Iowa Acts, chapter 129, section 10, subsection 16 20, paragraph d, is amended to read as follows: 17 d. If the savings to the medical assistance program exceed 18 the cost, the department may transfer any savings generated 19 for the fiscal year due to medical assistance program cost 20 containment efforts initiated pursuant to 2010 Iowa Acts, 21 chapter 1031, Executive Order No. 20, issued December 16, 22 2009, or cost containment strategies initiated pursuant 23 to this subsection, to the appropriation appropriations 24 made in this division of this Act for medical contracts or 25 general administration to defray the increased contract costs 26 associated with implementing such efforts. 27 BEHAVIORAL HEALTH SERVICES ACCOUNT —— MEDICAL ASSISTANCE 28 Sec. 61. 2011 Iowa Acts, chapter 129, section 10, is amended 29 by adding the following new subsection: 30 NEW SUBSECTION . 26. Notwithstanding 2009 Iowa Acts, 31 chapter 182, section 9, subsection 16, paragraph “b”, as 32 amended by 2010 Iowa Acts, chapter 1192, section 63, as amended 33 by 2011 Iowa Acts, chapter 129, section 54, funds in the 34 account that remain unencumbered or unobligated at the end of 35 -72- SF 2336 (5) 84 pf/jp/jh 72/ 96
S.F. 2336 the fiscal year beginning July 1, 2011, are appropriated to 1 the department of human services to be used for the medical 2 assistance program for the succeeding fiscal year. 3 STATE SUPPLEMENTARY ASSISTANCE 4 Sec. 62. 2011 Iowa Acts, chapter 129, section 11, is amended 5 by adding the following new subsection: 6 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 7 appropriated in this section that remain unencumbered or 8 unobligated at the close of the fiscal year shall not revert 9 but shall remain available for expenditure for the purposes 10 designated until the close of the succeeding fiscal year. 11 FIELD OPERATIONS 12 Sec. 63. 2011 Iowa Acts, chapter 129, section 25, is amended 13 by adding the following new unnumbered paragraph: 14 NEW UNNUMBERED PARAGRAPH . Notwithstanding section 8.33, 15 moneys appropriated in this section that remain unencumbered or 16 unobligated at the close of the fiscal year shall not revert 17 but shall remain available for expenditure for the purposes 18 designated until the close of the succeeding fiscal year. 19 GENERAL ADMINISTRATION 20 Sec. 64. 2011 Iowa Acts, chapter 129, section 26, is amended 21 by adding the following new subsection: 22 NEW SUBSECTION . 6. Notwithstanding section 8.33, moneys 23 appropriated in this section that remain unencumbered or 24 unobligated at the close of the fiscal year shall not revert 25 but shall remain available for expenditure for the purposes 26 designated until the close of the succeeding fiscal year. 27 IOWACARE DISTRIBUTIONS 28 Sec. 65. 2011 Iowa Acts, chapter 129, section 35, subsection 29 4, paragraph a, is amended to read as follows: 30 a. Notwithstanding any provision of law to the contrary, 31 the amount appropriated in this subsection shall be distributed 32 based on claims submitted, adjudicated, and paid by the Iowa 33 Medicaid enterprise plus a monthly disproportionate share 34 hospital payment. Any amount appropriated in this subsection 35 -73- SF 2336 (5) 84 pf/jp/jh 73/ 96
S.F. 2336 in excess of $60,000,000 $56,500,000 shall be distributed only 1 if the sum of the expansion population claims adjudicated 2 and paid by the Iowa Medicaid enterprise plus the estimated 3 disproportionate share hospital payments exceeds $60,000,000 4 $56,500,000 . The amount paid in excess of $60,000,000 5 $56,500,000 shall not adjust the original monthly payment 6 amount but shall be distributed monthly based on actual claims 7 adjudicated and paid by the Iowa Medicaid enterprise plus 8 the estimated disproportionate share hospital amount. Any 9 amount appropriated in this subsection in excess of $60,000,000 10 $56,500,000 shall be allocated only if federal funds are 11 available to match the amount allocated. Pursuant to paragraph 12 “b”, of the amount appropriated in this subsection, not more 13 than $4,000,000 shall be distributed for prescription drugs and 14 podiatry services. 15 Sec. 66. 2011 Iowa Acts, chapter 129, section 35, subsection 16 4, paragraph d, subparagraph (2), is amended to read as 17 follows: 18 (2) Notwithstanding the amount collected and distributed 19 for deposit in the IowaCare account pursuant to section 20 249J.24, subsection 4 , paragraph “a”, subparagraph (2), 21 the first $19,000,000 in collections pursuant to section 22 347.7 between January 1, 2012, and June 30, 2012, shall be 23 distributed to the treasurer of state for deposit in the 24 IowaCare account and collections during this time period in 25 excess of $19,000,000 shall be distributed to the acute care 26 teaching hospital identified in this subsection. Of the 27 collections in excess of the $19,000,000 received by the acute 28 care teaching hospital under this subparagraph (2), $2,000,000 29 shall be distributed by the acute care teaching hospital to the 30 treasurer of state for deposit in the IowaCare account in the 31 month of July 2012, following the January 1 through June 30, 32 2012, period. 33 Sec. 67. IMMEDIATE EFFECTIVE DATE. This division of this 34 Act, being deemed of immediate importance, takes effect upon 35 -74- SF 2336 (5) 84 pf/jp/jh 74/ 96
S.F. 2336 enactment. 1 Sec. 68. RETROACTIVE APPLICABILITY. The following sections 2 of this division of this Act apply retroactively to July 1, 3 2011: 4 1. The section relating to the transfer of funds from costs 5 savings under the medical assistance program to appropriations 6 for medical contracts or general administration for the fiscal 7 year beginning July 1, 2011, and ending June 30, 2012. 8 2. The section relating to the nonreversion of 9 decategorization of child welfare and juvenile justice funds. 10 3. The section relating to the distribution of IowaCare 11 program funds. 12 DIVISION IX 13 MISCELLANEOUS 14 Sec. 69. NEW SECTION . 8A.441 Medication therapy management. 15 1. As used in this section, unless the context otherwise 16 requires: 17 a. “Eligible employee” means an employee of the state, with 18 the exception of an employee of the state board of regents or 19 institutions under the state board of regents, for whom group 20 health plans are established pursuant to chapter 509A providing 21 for third-party payment or prepayment for health or medical 22 expenses. 23 b. “Medication therapy management” means a systematic 24 process performed by a licensed pharmacist, designed to improve 25 quality outcomes for patients and lower health care costs, 26 including emergency room, hospital, provider, and other costs, 27 by optimizing appropriate medication use linked directly to 28 achievement of the clinical goals of therapy. Medication 29 therapy management shall include all of the following services: 30 (1) A medication therapy review and in-person consultation 31 relating to all medications, vitamins, and herbal supplements 32 currently being taken by an eligible individual. 33 (2) A medication action plan, subject to the limitations 34 specified in this section, communicated to the individual and 35 -75- SF 2336 (5) 84 pf/jp/jh 75/ 96
S.F. 2336 the individual’s primary care physician or other appropriate 1 prescriber to address issues including appropriateness, 2 effectiveness, safety, drug interactions, and adherence. The 3 medication action plan may include drug therapy recommendations 4 to prescribers that are needed to meet clinical goals and 5 achieve optimal patient outcomes. 6 (3) Documentation and follow-up to ensure consistent levels 7 of pharmacy services and positive outcomes. 8 2. a. The department shall utilize a request for proposals 9 process and shall enter into a contract for the provision of 10 medication therapy management services for eligible employees 11 who meet any of the following criteria: 12 (1) An individual who takes four or more prescription drugs 13 to treat or prevent two or more chronic medical conditions. 14 (2) An individual with a prescription drug therapy problem 15 who is identified by the prescribing physician or other 16 appropriate prescriber, and referred to a pharmacist for 17 medication therapy management services. 18 (3) An individual who meets other criteria established by 19 the third-party payment provider contract, policy, or plan. 20 b. The contract shall require the entity to provide annual 21 reports to the general assembly detailing the costs, savings, 22 estimated cost avoidance and return on investment, and improved 23 patient outcomes related to the medication therapy management 24 services provided. The entity shall guarantee demonstrated 25 annual savings for overall health care costs, including 26 emergency room, hospital, provider, and other costs, with 27 savings including associated cost avoidance, at least equal 28 to the program’s costs with any shortfall amount refunded to 29 the state. The contract shall include terms, conditions, 30 and applicable measurement standards associated with the 31 demonstration of savings. The department shall verify the 32 demonstrated savings reported by the entity were achieved in 33 accordance with the agreed upon measurement standards. The 34 entity shall be prohibited from using the entity’s employees to 35 -76- SF 2336 (5) 84 pf/jp/jh 76/ 96
S.F. 2336 provide the medication therapy management services and shall 1 instead be required to contract with licensed pharmacies, 2 pharmacists, or physicians. 3 c. The department may establish an advisory committee 4 comprised of an equal number of physicians and pharmacists 5 to provide advice and oversight in evaluating the results of 6 the program. The department shall appoint the members of the 7 advisory committee based upon designees of the Iowa pharmacy 8 association, the Iowa medical society, and the Iowa osteopathic 9 medical association. 10 d. The fees for pharmacist-delivered medication therapy 11 management services shall be separate from the reimbursement 12 for prescription drug product or dispensing services; shall 13 be determined by each third-party payment provider contract, 14 policy, or plan; and must be reasonable based on the resources 15 and time required to provide the service. 16 e. A fee shall be established for physician reimbursement 17 for services delivered for medication therapy management as 18 determined by each third-party payment provider contract, 19 policy, or plan, and must be reasonable based on the resources 20 and time required to provide the service. 21 f. If any part of the medication therapy management 22 plan developed by a pharmacist incorporates services which 23 are outside the pharmacist’s independent scope of practice 24 including the initiation of therapy, modification of dosages, 25 therapeutic interchange, or changes in drug therapy, the 26 express authorization of the individual’s physician or other 27 appropriate prescriber is required. 28 Sec. 70. NEW SECTION . 16.185A Supportive and residential 29 services for individuals who meet the psychiatric medical 30 institution for children level of care —— competitive grant 31 program fund. 32 1. A supportive and residential services competitive 33 grant program fund is created within the authority to further 34 the availability of supportive and residential services for 35 -77- SF 2336 (5) 84 pf/jp/jh 77/ 96
S.F. 2336 individuals who meet the psychiatric medical institution for 1 children level of care under the medical assistance program. 2 The moneys in the fund are appropriated to the authority to be 3 used for the development and operation of a competitive grant 4 program to provide financing to construct supportive housing 5 or develop the infrastructure in which to provide supportive 6 services, including through new construction, acquisition 7 and rehabilitation of existing housing or infrastructure, or 8 conversion or adaptive reuse. 9 2. Moneys transferred by the authority for deposit in the 10 competitive grant program fund, moneys appropriated to the 11 competitive grant program, and any other moneys available to 12 and obtained or accepted by the authority for placement in the 13 fund shall be credited to the fund. Additionally, payment of 14 interest, recaptures of awards, and other repayments to the 15 fund shall be credited to the fund. Notwithstanding section 16 12C.7, subsection 2, interest or earnings on moneys in the fund 17 shall be credited to the fund. Notwithstanding section 8.33, 18 moneys credited to the fund from any other fund that remain 19 unencumbered or unobligated at the close of the fiscal year 20 shall not revert to the other fund. 21 3. The authority shall allocate moneys in the fund to the 22 extent available for the development of supportive housing or 23 the infrastructure in which to provide supportive services for 24 individuals who meet the psychiatric medical institution for 25 children level of care under the medical assistance program. 26 Moneys allocated to such projects shall be in the form of 27 competitive grants. An application submitted shall contain a 28 commitment of at least a dollar-for-dollar match of the grant 29 assistance. 30 4. a. A project shall demonstrate written approval of the 31 project by the department of human services to the authority 32 prior to application for funding under this section. 33 b. In order to be approved by the department of human 34 services for application for funding under this section, a 35 -78- SF 2336 (5) 84 pf/jp/jh 78/ 96
S.F. 2336 project shall include all of the following components: 1 (1) Provision of services to individuals who meet the 2 psychiatric medical institution for children level of care 3 under the medical assistance program. 4 (2) Policies and procedures that prohibit discharge of the 5 individual from the services provided by the project provider 6 unless an alternative placement that is acceptable to the 7 client or the client’s guardian is identified. 8 5. Housing provided through a project under this section is 9 exempt from the requirements of chapter 135O. 10 6. The authority, in collaboration with the department of 11 human services, shall adopt rules pursuant to chapter 17A to 12 administer this section. 13 Sec. 71. Section 97B.39, Code 2011, is amended to read as 14 follows: 15 97B.39 Rights not transferable or subject to legal process 16 —— exceptions. 17 The right of any person to any future payment under this 18 chapter is not transferable or assignable, at law or in 19 equity, and the moneys paid or payable or rights existing 20 under this chapter are not subject to execution, levy, 21 attachment, garnishment, or other legal process, or to the 22 operation of any bankruptcy or insolvency law except for the 23 purposes of enforcing child, spousal, or medical support 24 obligations or marital property orders , or for recovery of 25 medical assistance payments pursuant to section 249A.5 . For 26 the purposes of enforcing child, spousal, or medical support 27 obligations, the garnishment or attachment of or the execution 28 against compensation due a person under this chapter shall 29 not exceed the amount specified in 15 U.S.C. § 1673(b). 30 The system shall comply with the provisions of a marital 31 property order requiring the selection of a particular benefit 32 option, designated beneficiary, or contingent annuitant if 33 the selection is otherwise authorized by this chapter and 34 the member has not received payment of the member’s first 35 -79- SF 2336 (5) 84 pf/jp/jh 79/ 96
S.F. 2336 retirement allowance. However, a marital property order shall 1 not require the payment of benefits to an alternative payee 2 prior to the member’s retirement, prior to the date the member 3 elects to receive a lump sum distribution of accumulated 4 contributions pursuant to section 97B.53 , or in an amount that 5 exceeds the benefits the member would otherwise be eligible to 6 receive pursuant to this chapter . 7 Sec. 72. Section 135.11, Code Supplement 2011, is amended by 8 adding the following new subsection: 9 NEW SUBSECTION . 31. Administer a public awareness program 10 for human papillomavirus infection vaccination by identifying 11 medically accurate materials that contain information regarding 12 the risks associated with the various forms of the infection 13 in causing cervical cancer, and any other diseases for which 14 the department may recommend immunization or immunization 15 information, and the availability, effectiveness, and potential 16 risks of those vaccines. The department shall make the 17 identified materials available on the department’s internet 18 site, provide education and training to health professionals 19 and the general public regarding the vaccines, and notify 20 each school district in the state of the availability of the 21 information. For the purposes of this subsection, “human 22 papillomavirus” means the group of viruses identified by the 23 centers for disease control and prevention of the United States 24 department of health and human services. 25 Sec. 73. Section 135H.10, subsection 3, Code 2011, is 26 amended by striking the subsection. 27 Sec. 74. Section 144D.4, as enacted by 2012 Iowa Acts, House 28 File 2165, section 5, is amended by adding the following new 29 subsection: 30 NEW SUBSECTION . 10. A POST form executed between July 1, 31 2008, and June 30, 2012, as part of the patient autonomy in 32 health care decisions pilot project created pursuant to 2008 33 Iowa Acts, chapter 1188, section 36, as amended by 2010 Iowa 34 Acts, chapter 1192, section 58, shall remain effective until 35 -80- SF 2336 (5) 84 pf/jp/jh 80/ 96
S.F. 2336 revoked or until a new POST form is executed pursuant to this 1 chapter. 2 Sec. 75. Section 225B.8, Code Supplement 2011, is amended 3 to read as follows: 4 225B.8 Repeal. 5 This chapter is repealed July 1, 2012 2017 . 6 Sec. 76. NEW SECTION . 231.45 Certified volunteer long-term 7 care resident’s advocate program. 8 1. The department shall establish a certified volunteer 9 long-term care resident’s advocate program in accordance with 10 the federal Act to provide assistance to the state and local 11 long-term care resident’s advocates. 12 2. The department shall develop and implement a 13 certification process for volunteer long-term care resident’s 14 advocates including but not limited to an application process, 15 provision for background checks, classroom or on-site training, 16 orientation, and continuing education. 17 3. The provisions of section 231.42 relating to local 18 long-term care resident’s advocates shall apply to certified 19 volunteer long-term care resident’s advocates. 20 4. The department shall adopt rules pursuant to chapter 17A 21 to administer this section. 22 Sec. 77. Section 237.3, Code 2011, is amended by adding the 23 following new subsection: 24 NEW SUBSECTION . 11. The department shall adopt rules to 25 administer a certified foster care respite provider program 26 to provide respite in a licensed foster home. The certified 27 respite provider program shall provide care, supervision, 28 or guidance of a foster child when the child is placed with 29 a licensed foster home. The certified foster care respite 30 provider shall be responsible to have liability insurance to 31 provide for any loss or damage arising out of occurrences 32 during the provision of certified foster care respite provider 33 care. 34 Sec. 78. Section 237.13, subsection 4, Code 2011, is amended 35 -81- SF 2336 (5) 84 pf/jp/jh 81/ 96
S.F. 2336 by adding the following new paragraph: 1 NEW PARAGRAPH . h. Any loss or damage arising out of 2 occurrences during the provision of certified foster care 3 respite provider care pursuant to section 237.3, subsection 11. 4 Sec. 79. NEW SECTION . 239B.2C Absence from home —— 5 incarceration. 6 An individual family member who is absent from the home for 7 more than three months because the individual is incarcerated 8 in jail or a correctional facility shall not be included in the 9 family unit for purposes of assistance. 10 Sec. 80. NEW SECTION . 249A.17 Reimbursement for providers 11 of outpatient clinical services for children. 12 1. Providers that meet the criteria specified in subsection 13 2, shall receive cost-based reimbursement for one hundred 14 percent of the reasonable costs, as determined by Medicare 15 reimbursement principles, for provision of outpatient clinical 16 services for children who are recipients of medical assistance. 17 2. In order to be eligible for reimbursement under this 18 section, a provider shall be an accredited, nonprofit agency 19 that meets all of the following criteria: 20 a. Provides clinical outpatient services to children of whom 21 at least sixty percent are recipients of medical assistance. 22 b. Provides at least three children’s mental health services 23 including inpatient services, outpatient services, psychiatric 24 and psychological services, and behavioral health intervention 25 services. 26 c. Directly employs a psychiatrist, psychologist, and 27 licensed therapist. 28 Sec. 81. Section 453A.35, Code Supplement 2011, is amended 29 to read as follows: 30 453A.35 Tax and fees paid to general fund —— standing 31 appropriation to health care trust fund. 32 1. a. With the exception of revenues credited to the health 33 care trust fund pursuant to paragraph “b” , the The proceeds 34 derived from the sale of stamps and the payment of taxes, fees, 35 -82- SF 2336 (5) 84 pf/jp/jh 82/ 96
S.F. 2336 and penalties provided for under this chapter , and the permit 1 fees received from all permits issued by the department, shall 2 be credited to the general fund of the state. 3 b. Of the revenues generated from the tax on cigarettes 4 pursuant to section 453A.6, subsection 1 , and from the tax on 5 tobacco products as specified in section 453A.43, subsections 6 1, 2, 3, and 4 , the first one hundred six million sixteen 7 thousand four hundred dollars shall be credited to the health 8 care trust fund created in section 453A.35A. 9 2. All permit fees provided for in this chapter and 10 collected by cities in the issuance of permits granted by the 11 cities shall be paid to the treasurer of the city where the 12 permit is effective, or to another city officer as designated 13 by the council, and credited to the general fund of the city. 14 Permit fees so collected by counties shall be paid to the 15 county treasurer. 16 Sec. 82. Section 453A.35A, subsection 1, Code Supplement 17 2011, is amended to read as follows: 18 1. A health care trust fund is created in the office of 19 the treasurer of state. The fund consists of the revenues 20 generated from the tax on cigarettes pursuant to section 21 453A.6, subsection 1 , and from the tax on tobacco products 22 as specified in section 453A.43 , subsections 1, 2, 3, and 4 , 23 that are credited to the health care trust fund, annually, 24 pursuant to section 453A.35 derived from the sale of stamps 25 and the payment of taxes, fees, and penalties provided for 26 under this chapter, and the permit fees received from all 27 permits issued by the department . Moneys in the fund shall be 28 separate from the general fund of the state and shall not be 29 considered part of the general fund of the state. However, the 30 fund shall be considered a special account for the purposes 31 of section 8.53 relating to generally accepted accounting 32 principles. Moneys in the fund shall be used only as specified 33 in this section and shall be appropriated only for the uses 34 specified. Moneys in the fund are not subject to section 8.33 35 -83- SF 2336 (5) 84 pf/jp/jh 83/ 96
S.F. 2336 and shall not be transferred, used, obligated, appropriated, 1 or otherwise encumbered, except as provided in this section . 2 Notwithstanding section 12C.7, subsection 2 , interest or 3 earnings on moneys deposited in the fund shall be credited to 4 the fund. 5 Sec. 83. COST-BASED REIMBURSEMENT —— PROVIDERS OF 6 CHILDREN’S OUTPATIENT CLINICAL SERVICES. 7 1. The department of human services shall seek federal 8 approval to amend the medical assistance program state plan 9 and shall amend the contract with the department’s managed 10 care contractor for behavioral health services under the 11 medical assistance program to provide medical assistance 12 reimbursement to providers that meet the criteria specified in 13 section 249A.17, as enacted in this division of this Act, at 14 100 percent of the reasonable costs for recipients of medical 15 assistance for outpatient clinical services for children. 16 2. Implementation of section 249A.17, as enacted in this 17 division of this Act, is contingent upon receipt of federal 18 approval and limited to the funding made available through 19 amending the contract with the managed care contractor. 20 3. The department shall adopt rules pursuant to chapter 21 17A to provide reimbursement for outpatient clinical services 22 for children as described in this section. The rules shall 23 provide that reimbursement shall initially be paid on an 24 interim basis and subsequently adjusted retroactively based on 25 submission of financial and statistical reports as required by 26 the department. 27 Sec. 84. EFFECTIVE UPON ENACTMENT. The section of this 28 division of this Act enacting section 8A.441, being deemed of 29 immediate importance, takes effect upon enactment. 30 DIVISION X 31 DIRECT CARE PROFESSIONALS 32 Sec. 85. NEW SECTION . 152F.1 Definitions. 33 As used in this chapter, unless the context otherwise 34 requires: 35 -84- SF 2336 (5) 84 pf/jp/jh 84/ 96
S.F. 2336 1. “Board” means the board of direct care professionals 1 created under chapter 147. 2 2. “Community living professional” means a direct care 3 associate who has completed advanced training and is certified 4 to provide home and community living, instrumental activities 5 of daily living, and personal support services. 6 3. “Direct care associate” means an individual who has 7 completed core training and is certified to provide direct care 8 services in the state. 9 4. “Direct care instructor” means an individual approved 10 by the board to provide direct care instruction to direct care 11 professionals. 12 5. “Direct care professional” means an individual who 13 provides direct care services for compensation and is a direct 14 care associate, a community living professional, a health 15 support professional, or a personal support professional. 16 6. “Direct care services” means the services provided to 17 individuals who are ill or individuals with disabilities as 18 specified in the individual’s service plan or in documented 19 goals, including but not limited to home and community living 20 services, instrumental activities of daily living services, 21 personal activities of daily living services, personal support 22 services, and health monitoring and maintenance services. 23 7. “Direct care trainer” means a direct care instructor who 24 is approved by the board to train instructors. 25 8. “Health monitoring and maintenance services” means 26 medically-oriented services that assist an individual in 27 maintaining the individual’s health including measuring intake 28 and output; providing catheter and ostomy care; collecting 29 specimens; checking vital signs, including temperature, pulse, 30 respiration, and blood pressure; measuring height and weight; 31 performing range of motion exercises; providing assistance with 32 urinary care; and application of thrombo embolic deterrent hose 33 or hot and cold packs. 34 9. “Health support professional” means a direct care 35 -85- SF 2336 (5) 84 pf/jp/jh 85/ 96
S.F. 2336 associate who has completed advanced training and is certified 1 to provide personal activities of daily living and health 2 monitoring and maintenance services or a direct care associate 3 who has met the federal nurse aide requirements pursuant to 42 4 C.F.R. § 483.152. 5 10. “Home and community living services” means services to 6 enhance or maintain independence of individuals including such 7 activities as helping individuals develop and meet personal 8 goals, providing direct physical and emotional support and 9 assistance for persons with disabilities, utilizing crisis 10 intervention and positive behavior supports, and using and 11 following individual support plans. 12 11. “Instrumental activities of daily living services” means 13 services provided to assist individuals with daily living tasks 14 to allow them to function independently in a home or community 15 setting, including but not limited to assistance with managing 16 money, transportation, light housekeeping, and shopping and 17 cooking. 18 12. “Personal activities of daily living services” means 19 services to assist individuals in meeting basic needs, 20 including but not limited to bathing, back rubs, and skin care; 21 grooming activities; assistance with dressing and undressing; 22 assistance with eating and feeding; assistance with toileting; 23 and assistance with mobility, including transfers, walking, and 24 turning in bed. 25 13. “Personal support professional” means a direct care 26 associate who has completed advanced training and is certified 27 to provide instrumental activities of daily living, personal 28 activities of daily living, and personal support services. 29 14. “Personal support services” means support services 30 provided to an individual as the individual performs personal 31 activities of daily living including but not limited to 32 coaching and prompting, and teaching skills and behaviors. 33 15. “Service plan” means a written, consumer-centered, 34 outcome-based plan of services. 35 -86- SF 2336 (5) 84 pf/jp/jh 86/ 96
S.F. 2336 16. “Specialty endorsement” means an advanced level of 1 certification based on requirements developed by experts in a 2 particular discipline or professional area and approved by the 3 board. 4 Sec. 86. NEW SECTION . 152F.2 Certification required —— 5 exceptions —— use of title. 6 1. Unless otherwise exempt under section 152F.4, beginning 7 January 1, 2014, an individual shall not provide direct care 8 services in this state without being certified as a direct care 9 associate. 10 2. An individual who is not certified pursuant to this 11 chapter shall not use words or titles which imply or represent 12 that the individual is certified as a direct care professional 13 under this chapter. 14 3. A direct care associate shall not act as or represent 15 that the individual is a direct care professional with advanced 16 training certification or a specialty endorsement, unless the 17 direct care associate is first certified at the appropriate 18 level of certification under this chapter. 19 4. Notwithstanding any provision to the contrary, an 20 individual who completes advanced training or meets the 21 requirements for a specialty endorsement is not required to 22 be certified at that level if the individual does not act as 23 or represent that the individual is certified at that level. 24 Section 147.83 does not apply to a direct care associate who 25 is not certified as a direct care professional with advanced 26 training certification or a specialty endorsement if the direct 27 care associate does not act as or represent that the individual 28 is certified at that level. 29 Sec. 87. NEW SECTION . 152F.3 Requirements to obtain 30 certification —— renewal —— continuing education —— reciprocity. 31 1. An applicant for certification as a direct care associate 32 shall present evidence satisfactory to the board that the 33 applicant meets all of the following requirements: 34 a. The applicant has successfully completed the required 35 -87- SF 2336 (5) 84 pf/jp/jh 87/ 96
S.F. 2336 education for the certification from a board-approved direct 1 care instructor or direct care trainer. 2 b. The applicant has paid all fees required by the board. 3 c. The applicant certifies that the applicant will conduct 4 all professional activities in accordance with standards for 5 professional conduct established by the board. 6 2. An applicant for certification as a direct care 7 professional with advanced training or a specialty endorsement 8 shall present evidence satisfactory to the board that the 9 applicant meets all of the following requirements: 10 a. The applicant has successfully completed the required 11 education for the certification from a board-approved direct 12 care instructor or direct care trainer. 13 b. The applicant has paid all fees required by the board. 14 c. The applicant has passed a state examination approved by 15 the board. 16 d. The applicant certifies that the applicant will conduct 17 all professional activities in accordance with standards for 18 professional conduct established by the board. 19 3. An individual shall renew the individual’s certification 20 biennially. Prior to such renewal, the individual shall 21 present evidence that the individual has satisfied continuing 22 education requirements and shall pay a renewal fee as 23 determined by the board. 24 4. The board shall issue the appropriate certification to an 25 applicant who demonstrates experience in direct care services 26 in another state and meets the requirements established by the 27 board for the specific certification. 28 Sec. 88. NEW SECTION . 152F.4 Scope of chapter. 29 1. The provisions of this chapter do not apply to any of the 30 following: 31 a. An individual who is providing direct care services 32 and is governed by a collective bargaining agreement in place 33 before July 1, 2017, until the expiration of such agreement. 34 b. An individual providing direct care services to a family 35 -88- SF 2336 (5) 84 pf/jp/jh 88/ 96
S.F. 2336 member. 1 c. An individual otherwise licensed who is operating within 2 the scope of that license and who does not represent to the 3 public that the individual is a direct care professional. 4 2. This chapter shall not be interpreted to preclude 5 an individual who provides direct care services but is not 6 otherwise required to be certified under this chapter from 7 being certified under this chapter on a voluntary basis. 8 Sec. 89. NEW SECTION . 152F.5 Duties of the board. 9 The board shall do all of the following: 10 1. Adopt rules consistent with this chapter, chapter 11 147, chapter 272, and the recommendations of the direct care 12 worker advisory council established pursuant to 2008 Iowa 13 Acts, chapter 1188, section 69, which are necessary for the 14 performance of its duties. 15 2. Adopt rules to provide a transition process that allows 16 individuals providing direct care services on or before January 17 1, 2014, who are subject to the certification requirements 18 of this chapter, to continue providing direct care services 19 while completing certification under this chapter. The rules 20 shall provide that certification requirements for an individual 21 subject to the transition process are based on consideration 22 of previous training, employment history, and experience. An 23 individual subject to the transition process shall complete the 24 requirements for direct care associate certification within a 25 time frame determined by rule of the board. 26 3. Establish curriculum requirements for health support 27 professionals. The curriculum requirements established shall 28 not exceed the curriculum requirements specified for nurse 29 aides pursuant to 42 C.F.R. § 483.152, without prior approval 30 of sixty percent of the members of the board and prior approval 31 of the department of inspections and appeals. 32 4. Require an individual to undergo criminal history 33 and child and dependent adult abuse record checks prior 34 to certification, and establish record checks requirements 35 -89- SF 2336 (5) 84 pf/jp/jh 89/ 96
S.F. 2336 applicable to direct care professionals consistent with section 1 135C.33. 2 5. Establish dependent adult abuse reporting and training 3 requirements consistent with chapters 235B and 235E, as 4 applicable. 5 6. Establish standards and guidelines for certification 6 reciprocity. 7 7. Establish standards and guidelines for direct care 8 professionals, including minimum curriculum requirements. 9 8. Prepare and conduct, or prescribe, an examination for 10 applicants for certification. 11 9. Establish standards and guidelines for direct care 12 instructors and direct care trainers, including minimum 13 curriculum requirements and continuing education requirements. 14 Training and continuing education guidelines shall provide 15 diverse options for completion of the training and continuing 16 education, as appropriate, including but not limited to online, 17 employer-based, or educational institution-based opportunities. 18 10. Define educational activities which fulfill continuing 19 education requirements for renewal of certification. 20 11. Establish guidelines for inactive certification status 21 and inactive certification reentry. 22 12. Establish a grace period during which a newly employed 23 individual may provide direct care services before being 24 required to complete the appropriate level of certification 25 under this chapter. 26 Sec. 90. NEW SECTION . 152F.6 Certification suspension and 27 revocation. 28 A certification issued by the board under this chapter may be 29 suspended or revoked, or renewal of certification may be denied 30 by the board, for violation of any provision of this chapter, 31 section 147.55 or 272C.10, or rules adopted by the board. 32 Sec. 91. Section 10A.402, subsection 1, Code 2011, is 33 amended to read as follows: 34 1. Investigations relative to the practice of regulated 35 -90- SF 2336 (5) 84 pf/jp/jh 90/ 96
S.F. 2336 professions and occupations, except those within the 1 jurisdiction of the board of medicine, the board of pharmacy, 2 the dental board, and the board of nursing , and the board of 3 direct care professionals . 4 Sec. 92. Section 135.11A, Code 2011, is amended to read as 5 follows: 6 135.11A Professional licensure division —— other licensing 7 boards —— expenses —— fees. 8 1. There shall be a professional licensure division within 9 the department of public health. Each board under chapter 147 10 or under the administrative authority of the department, except 11 the board of nursing, board of medicine, dental board, and 12 board of pharmacy, and board of direct care professionals shall 13 receive administrative and clerical support from the division 14 and may not employ its own support staff for administrative and 15 clerical duties. 16 2. The professional licensure division and the licensing 17 boards may expend funds in addition to amounts budgeted, if 18 those additional expenditures are directly the result of actual 19 examination and exceed funds budgeted for examinations. Before 20 the division or a licensing board expends or encumbers an 21 amount in excess of the funds budgeted for examinations, the 22 director of the department of management shall approve the 23 expenditure or encumbrance. Before approval is given, the 24 department of management shall determine that the examination 25 expenses exceed the funds budgeted by the general assembly 26 to the division or board and the division or board does not 27 have other funds from which examination expenses can be paid. 28 Upon approval of the department of management, the division 29 or licensing board may expend and encumber funds for excess 30 examination expenses. The amounts necessary to fund the excess 31 examination expenses shall be collected as fees from additional 32 examination applicants and shall be treated as repayment 33 receipts as defined in section 8.2 . 34 Sec. 93. Section 135.31, Code 2011, is amended to read as 35 -91- SF 2336 (5) 84 pf/jp/jh 91/ 96
S.F. 2336 follows: 1 135.31 Location of boards —— rulemaking. 2 The offices for the board of medicine, the board of pharmacy, 3 the board of nursing, and the dental board , and the board 4 of direct care professionals shall be located within the 5 department of public health. The individual boards shall have 6 policymaking and rulemaking authority. 7 Sec. 94. Section 147.1, subsections 3 and 6, Code 2011, are 8 amended to read as follows: 9 3. “Licensed” or “certified” , when applied to a physician 10 and surgeon, podiatric physician, osteopathic physician and 11 surgeon, physician assistant, psychologist, chiropractor, 12 nurse, dentist, dental hygienist, dental assistant, 13 optometrist, speech pathologist, audiologist, pharmacist, 14 physical therapist, physical therapist assistant, occupational 15 therapist, occupational therapy assistant, respiratory care 16 practitioner, practitioner of cosmetology arts and sciences, 17 practitioner of barbering, funeral director, dietitian, marital 18 and family therapist, mental health counselor, social worker, 19 massage therapist, athletic trainer, acupuncturist, nursing 20 home administrator, hearing aid dispenser, or sign language 21 interpreter or transliterator , or direct care professional 22 means a person licensed under this subtitle. 23 6. “Profession” means medicine and surgery, podiatry, 24 osteopathic medicine and surgery, practice as a physician 25 assistant, psychology, chiropractic, nursing, dentistry, 26 dental hygiene, dental assisting, optometry, speech pathology, 27 audiology, pharmacy, physical therapy, physical therapist 28 assisting, occupational therapy, occupational therapy 29 assisting, respiratory care, cosmetology arts and sciences, 30 barbering, mortuary science, marital and family therapy, mental 31 health counseling, social work, dietetics, massage therapy, 32 athletic training, acupuncture, nursing home administration, 33 hearing aid dispensing, or sign language interpreting or 34 transliterating , or practice as a direct care professional . 35 -92- SF 2336 (5) 84 pf/jp/jh 92/ 96
S.F. 2336 Sec. 95. Section 147.2, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. A person shall not engage in the practice of medicine 3 and surgery, podiatry, osteopathic medicine and surgery, 4 psychology, chiropractic, physical therapy, physical therapist 5 assisting, nursing, dentistry, dental hygiene, dental 6 assisting, optometry, speech pathology, audiology, occupational 7 therapy, occupational therapy assisting, respiratory care, 8 pharmacy, cosmetology arts and sciences, barbering, social 9 work, dietetics, marital and family therapy or mental health 10 counseling, massage therapy, mortuary science, athletic 11 training, acupuncture, nursing home administration, hearing aid 12 dispensing, or sign language interpreting or transliterating, 13 or shall not practice as a physician assistant or as a direct 14 care professional , unless the person has obtained a license for 15 that purpose from the board for the profession. 16 Sec. 96. Section 147.13, Code 2011, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 24. For direct care professionals, the 19 board of direct care professionals. 20 Sec. 97. Section 147.14, subsection 1, Code 2011, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . x. For the board of direct care 23 professionals, a total of eleven members, six of whom are 24 direct care professionals who represent diverse settings and 25 populations served, two members of the public, one registered 26 nurse who serves as a direct care instructor, one human 27 services professional who serves as a direct care instructor, 28 and one licensed nursing home administrator. 29 Sec. 98. Section 147.74, Code 2011, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 24. A direct care professional certified 32 under chapter 152F and this chapter may use the following: 33 a. A direct care professional certified as a direct care 34 associate may use the title “direct care associate” or the 35 -93- SF 2336 (5) 84 pf/jp/jh 93/ 96
S.F. 2336 letters “D.C.A.” after the person’s name. 1 b. A direct care professional certified as a community 2 living professional may use the title “community living 3 professional” or the letters “C.L.P.” after the person’s name. 4 c. A direct care professional certified as a personal 5 support professional may use the title “personal support 6 professional” or the letters “P.S.P.” after the person’s name. 7 d. A direct care professional certified as a health support 8 professional may use the title “health support professional” or 9 the letters “H.S.P.” after the person’s name. 10 e. A direct care professional certified with a specialty 11 endorsement may use the title or letters determined by the 12 specialty endorsement entity and approved by the board of 13 direct care professionals. 14 f. A direct care professional who complies with federal 15 nurse aide requirements pursuant to 42 C.F.R. § 483.152 may use 16 the title “certified nursing assistant” or the letters “C.N.A.” 17 after the person’s name. 18 Sec. 99. Section 147.80, subsection 3, Code 2011, is amended 19 to read as follows: 20 3. The board of medicine, the board of pharmacy, the dental 21 board, and the board of nursing , and the board of direct care 22 professionals shall retain individual executive officers, but 23 shall make every effort to share administrative, clerical, and 24 investigative staff to the greatest extent possible. 25 Sec. 100. Section 147.88, Code 2011, is amended to read as 26 follows: 27 147.88 Inspections and investigations. 28 The department of inspections and appeals may perform 29 inspections and investigations as required by this subtitle, 30 except inspections and investigations for the board of 31 medicine, board of pharmacy, board of nursing, and the dental 32 board , and the board of direct care professionals . The 33 department of inspections and appeals shall employ personnel 34 related to the inspection and investigative functions. 35 -94- SF 2336 (5) 84 pf/jp/jh 94/ 96
S.F. 2336 Sec. 101. Section 272C.1, subsection 6, Code 2011, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . ag. The board of direct care professionals, 3 created pursuant to chapter 147. 4 Sec. 102. TRANSITION PROVISIONS. 5 1. An individual providing direct care services on or 6 before January 1, 2014, who is subject to the certification 7 requirements of this division of this Act, may continue 8 providing direct care services while completing certification 9 as required under this division of this Act. The board of 10 direct care professionals shall adopt rules to provide that 11 certification requirements for an individual subject to the 12 transition process are based on consideration of previous 13 training, employment history, and experience, and require 14 such individuals to complete the requirements for direct care 15 associate certification within the time frame determined by 16 rule of the board. 17 2. An individual who is registered on or before January 18 1, 2014, on the Iowa direct care worker registry established 19 by the department of inspections and appeals, is deemed to 20 meet the certification requirements for a health support 21 professional under this division of this Act. 22 3. Notwithstanding sections 147.14 and 147.16, for the 23 initial board of direct care professionals, the governor may 24 appoint, subject to confirmation by the senate, in lieu of the 25 six members required to be direct care professionals and the 26 two members required to be direct care instructors, members 27 with experience and expertise that is substantially equivalent 28 to the professional requirements for a direct care professional 29 or direct care instructor, as applicable. 30 Sec. 103. IMPLEMENTATION. The provisions of this division 31 of this Act shall be implemented as follows: 32 1. The sections of this division of this Act relating to 33 the board of direct care professionals including sections 34 152F.1 and 152F.5, as enacted in this division of this Act; 35 -95- SF 2336 (5) 84 pf/jp/jh 95/ 96
S.F. 2336 sections 10A.402, 135.11A, 135.31, 147.13, 147.14, 147.80, 1 147.88, and 272C.1, as amended in this division of this Act, 2 and as specified in the transition provisions; and the section 3 of this division of this Act providing transition provisions 4 relating to the board shall be implemented so that a board of 5 direct care professionals is appointed no later than December 6 15, 2012. 7 2. The sections of this division of this Act relating to 8 requirements for certification of direct care professionals 9 including sections 152F.2, 152F.3, 152F.4, and 152F.6, as 10 enacted in this division of this Act; and sections 147.1, 11 147.2, and 147.74, as amended in this division of this Act, 12 shall be implemented so that the requirements are applicable 13 beginning no later than January 1, 2014. 14 Sec. 104. FUNDING PROVISIONS. 15 1. The department of public health shall limit the indirect 16 service charge for the board of direct care professionals to 17 not more than fifteen percent. 18 2. It is the intent of the general assembly that the board 19 of direct care professionals be self-sustaining by January 1, 20 2017. 21 Sec. 105. EFFECTIVE UPON ENACTMENT. This division of this 22 Act, being deemed of immediate importance, takes effect upon 23 enactment. 24 -96- SF 2336 (5) 84 pf/jp/jh 96/ 96