Senate File 446 - Reprinted SENATE FILE 446 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 1251) (As Amended and Passed by the Senate April 18, 2013 ) A BILL FOR An Act relating to appropriations for health and human services 1 and including other related provisions and appropriations, 2 providing penalties, and including effective, retroactive, 3 and applicability date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 SF 446 (7) 85 pf/jp/jh
S.F. 446 DIVISION I 1 DEPARTMENT ON AGING —— FY 2013-2014 2 Section 1. DEPARTMENT ON AGING. There is appropriated from 3 the general fund of the state to the department on aging for 4 the fiscal year beginning July 1, 2013, and ending June 30, 5 2014, the following amount, or so much thereof as is necessary, 6 to be used for the purposes designated: 7 For aging programs for the department on aging and area 8 agencies on aging to provide citizens of Iowa who are 60 years 9 of age and older with case management for frail elders, Iowa’s 10 aging and disabilities resource center, and other services 11 which may include but are not limited to adult day services, 12 respite care, chore services, information and assistance, 13 and material aid, for information and options counseling for 14 persons with disabilities who are 18 years of age or older, 15 and for salaries, support, administration, maintenance, and 16 miscellaneous purposes, and for not more than the following 17 full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,831,025 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 20 1. Funds appropriated in this section may be used to 21 supplement federal funds under federal regulations. To 22 receive funds appropriated in this section, a local area 23 agency on aging shall match the funds with moneys from other 24 sources according to rules adopted by the department. Funds 25 appropriated in this section may be used for elderly services 26 not specifically enumerated in this section only if approved 27 by an area agency on aging for provision of the service within 28 the area. 29 2. Of the funds appropriated in this section, $279,946 30 shall be transferred to the economic development authority for 31 the Iowa commission on volunteer services to be used for the 32 retired and senior volunteer program. 33 3. a. The department on aging shall establish and enforce 34 procedures relating to expenditure of state and federal funds 35 -1- SF 446 (7) 85 pf/jp/jh 1/ 118
S.F. 446 by area agencies on aging that require compliance with both 1 state and federal laws, rules, and regulations, including but 2 not limited to all of the following: 3 (1) Requiring that expenditures are incurred only for goods 4 or services received or performed prior to the end of the 5 fiscal period designated for use of the funds. 6 (2) Prohibiting prepayment for goods or services not 7 received or performed prior to the end of the fiscal period 8 designated for use of the funds. 9 (3) Prohibiting the prepayment for goods or services 10 not defined specifically by good or service, time period, or 11 recipient. 12 (4) Prohibiting the establishment of accounts from which 13 future goods or services which are not defined specifically by 14 good or service, time period, or recipient, may be purchased. 15 b. The procedures shall provide that if any funds are 16 expended in a manner that is not in compliance with the 17 procedures and applicable federal and state laws, rules, and 18 regulations, and are subsequently subject to repayment, the 19 area agency on aging expending such funds in contravention of 20 such procedures, laws, rules and regulations, not the state, 21 shall be liable for such repayment. 22 4. Of the funds appropriated in this section, $250,000 23 shall be used to fund services to meet the unmet needs of older 24 individuals as identified in the annual compilation of unmet 25 service units by the area agencies on aging. 26 5. Of the funds appropriated in this section, $600,000 27 shall be used to fund home and community-based services through 28 the area agencies on aging that enable older individuals to 29 avoid more costly utilization of residential or institutional 30 services and remain in their own homes. 31 6. Of the funds appropriated in this section, $2,210,646 32 shall be used to administer the office of substitute decision 33 maker established pursuant to chapter 231E, on a statewide 34 basis. 35 -2- SF 446 (7) 85 pf/jp/jh 2/ 118
S.F. 446 7. Of the funds appropriated in this subsection, $40,000 1 shall be used for implementation of a guardianship and 2 conservatorship monitoring and assistance pilot project as 3 specified in this Act. 4 DIVISION II 5 OFFICE OF LONG-TERM CARE RESIDENT’S ADVOCATE —— FY 2013-2014 6 Sec. 2. OFFICE OF LONG-TERM CARE RESIDENT’S ADVOCATE. There 7 is appropriated from the general fund of the state to the 8 office of long-term care resident’s advocate for the fiscal 9 year beginning July 1, 2013, and ending June 30, 2014, the 10 following amount, or so much thereof as is necessary, to be 11 used for the purposes designated: 12 For salaries, support, administration, maintenance, and 13 miscellaneous purposes, and for not more than the following 14 full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,321,707 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 17 1. Of the funds appropriated in this section, $500,000 18 shall be used to provide five additional local long-term care 19 resident’s advocates to continue moving toward the national 20 recommendation of one full-time equivalent paid staff ombudsman 21 per 2,000 long-term care beds in the state. 22 2. Of the funds appropriated in this section, $210,000 23 shall be used to provide two local long-term care resident’s 24 advocates to administer the certified volunteer long-term 25 care resident’s advocate program pursuant to section 231.45, 26 including operational certification and training costs. 27 DIVISION III 28 DEPARTMENT OF PUBLIC HEALTH —— FY 2013-2014 29 Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated 30 from the general fund of the state to the department of public 31 health for the fiscal year beginning July 1, 2013, and ending 32 June 30, 2014, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. ADDICTIVE DISORDERS 35 -3- SF 446 (7) 85 pf/jp/jh 3/ 118
S.F. 446 For reducing the prevalence of use of tobacco, alcohol, and 1 other drugs, and treating individuals affected by addictive 2 behaviors, including gambling, and for not more than the 3 following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,763,690 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 6 a. (1) Of the funds appropriated in this subsection, 7 $7,748,361 shall be used for the tobacco use prevention 8 and control initiative, including efforts at the state and 9 local levels, as provided in chapter 142A . The commission 10 on tobacco use prevention and control established pursuant 11 to section 142A.3 shall advise the director of public health 12 in prioritizing funding needs and the allocation of moneys 13 appropriated for the programs and activities of the initiative 14 under this subparagraph (1) and shall make recommendations to 15 the director in the development of budget requests relating to 16 the initiative. 17 (2) Of the funds allocated in this paragraph “a”, $50,000 18 shall be used for a social media campaign to address tobacco 19 use reduction. 20 (3) (a) Of the funds allocated in this paragraph “a”, 21 $453,067 shall be transferred to the alcoholic beverages 22 division of the department of commerce for enforcement of 23 tobacco laws, regulations, and ordinances and to engage in 24 tobacco control activities approved by the division of tobacco 25 use prevention and control as specified in the memorandum of 26 understanding entered into between the divisions. 27 (b) For the fiscal year beginning July 1, 2013, and ending 28 June 30, 2014, the terms of the memorandum of understanding, 29 entered into between the division of tobacco use prevention 30 and control of the department of public health and the 31 alcoholic beverages division of the department of commerce, 32 governing compliance checks conducted to ensure licensed retail 33 tobacco outlet conformity with tobacco laws, regulations, and 34 ordinances relating to persons under eighteen years of age, 35 -4- SF 446 (7) 85 pf/jp/jh 4/ 118
S.F. 446 shall restrict the number of such checks to one check per 1 retail outlet, and one additional check for any retail outlet 2 found to be in violation during the first check. 3 b. Of the funds appropriated in this subsection, 4 $22,015,329 shall be used for problem gambling and 5 substance-related disorder prevention, treatment, and recovery 6 services, including a 24-hour helpline, public information 7 resources, professional training, and program evaluation. 8 (1) Of the funds allocated in this paragraph “b”, 9 $18,903,715 shall be used for substance-related disorder 10 prevention and treatment. 11 (a) Of the funds allocated in this subparagraph (1), 12 $899,300 shall be used for the public purpose of a grant 13 program to provide substance-related disorder prevention 14 programming for children. 15 (i) Of the funds allocated in this subparagraph division 16 (a), $427,539 shall be used for grant funding for organizations 17 that provide programming for children by utilizing mentors. 18 Programs approved for such grants shall be certified or will 19 be certified within six months of receiving the grant award 20 by the Iowa commission on volunteer services as utilizing the 21 standards for effective practice for mentoring programs. 22 (ii) Of the funds allocated in this subparagraph division 23 (a), $426,839 shall be used for grant funding for organizations 24 that provide programming that includes youth development and 25 leadership. The programs shall also be recognized as being 26 programs that are scientifically based with evidence of their 27 effectiveness in reducing substance-related disorders in 28 children. 29 (iii) The department of public health shall utilize a 30 request for proposals process to implement the grant program. 31 (iv) All grant recipients shall participate in a program 32 evaluation as a requirement for receiving grant funds. 33 (v) Of the funds allocated in this subparagraph division 34 (a), up to $44,922 may be used to administer substance-related 35 -5- SF 446 (7) 85 pf/jp/jh 5/ 118
S.F. 446 disorder prevention grants and for program evaluations. 1 (b) Of the funds allocated in this subparagraph 2 (1), $272,603 shall be used for culturally competent 3 substance-related disorder treatment pilot projects. 4 (i) The department shall utilize the amount allocated 5 in this subparagraph division (b) for at least three pilot 6 projects to provide culturally competent substance-related 7 disorder treatment in various areas of the state. Each pilot 8 project shall target a particular ethnic minority population. 9 The populations targeted shall include but are not limited to 10 African American, Asian, and Latino. 11 (ii) The pilot project requirements shall provide for 12 documentation or other means to ensure access to the cultural 13 competence approach used by a pilot project so that such 14 approach can be replicated and improved upon in successor 15 programs. 16 (2) Of the funds allocated in this paragraph “b”, up 17 to $3,111,614 may be used for problem gambling prevention, 18 treatment, and recovery services. 19 (a) Of the funds allocated in this subparagraph (2), 20 $2,573,762 shall be used for problem gambling prevention and 21 treatment. 22 (b) Of the funds allocated in this subparagraph (2), up to 23 $437,852 may be used for a 24-hour helpline, public information 24 resources, professional training, and program evaluation. 25 (c) Of the funds allocated in this subparagraph (2), up 26 to $100,000 may be used for the licensing of problem gambling 27 treatment programs. 28 (3) It is the intent of the general assembly that from the 29 moneys allocated in this paragraph “b”, persons with a dual 30 diagnosis of substance-related disorder and gambling addiction 31 shall be given priority in treatment services. 32 c. Notwithstanding any provision of law to the contrary, 33 to standardize the availability, delivery, cost of delivery, 34 and accountability of problem gambling and substance-related 35 -6- SF 446 (7) 85 pf/jp/jh 6/ 118
S.F. 446 disorder treatment services statewide, the department shall 1 continue implementation of a process to create a system 2 for delivery of treatment services in accordance with the 3 requirements specified in 2008 Iowa Acts, chapter 1187, section 4 3, subsection 4. To ensure the system provides a continuum 5 of treatment services that best meets the needs of Iowans, 6 the problem gambling and substance-related disorder treatment 7 services in any area may be provided either by a single agency 8 or by separate agencies submitting a joint proposal. 9 (1) The system for delivery of substance-related disorder 10 and problem gambling treatment shall include problem gambling 11 prevention. 12 (2) The system for delivery of substance-related disorder 13 and problem gambling treatment shall include substance-related 14 disorder prevention by July 1, 2014. 15 (3) Of the funds allocated in paragraph “b”, the department 16 may use up to $100,000 for administrative costs to continue 17 developing and implementing the process in accordance with this 18 paragraph “c”. 19 d. The requirement of section 123.53, subsection 5 , is met 20 by the appropriations and allocations made in this Act for 21 purposes of substance-related disorder treatment and addictive 22 disorders for the fiscal year beginning July 1, 2013. 23 e. The department of public health shall work with all 24 other departments that fund substance-related disorder 25 prevention and treatment services and all such departments 26 shall, to the extent necessary, collectively meet the state 27 maintenance of effort requirements for expenditures for 28 substance-related disorder services as required under the 29 federal substance-related disorder prevention and treatment 30 block grant. 31 2. HEALTHY CHILDREN AND FAMILIES 32 For promoting the optimum health status for children, 33 adolescents from birth through 21 years of age, and families, 34 and for not more than the following full-time equivalent 35 -7- SF 446 (7) 85 pf/jp/jh 7/ 118
S.F. 446 positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,996,099 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 3 a. Of the funds appropriated in this subsection, not more 4 than $734,841 shall be used for the healthy opportunities to 5 experience success (HOPES)-healthy families Iowa (HFI) program 6 established pursuant to section 135.106 . The funding shall 7 be distributed to renew the grants that were provided to the 8 grantees that operated the program during the fiscal year 9 ending June 30, 2013. 10 b. In order to implement the legislative intent stated in 11 sections 135.106 and 256I.9, that priority for home visitation 12 program funding be given to programs using evidence-based or 13 promising models for home visitation, it is the intent of the 14 general assembly to phase-in the funding priority in accordance 15 with 2012 Iowa Acts, chapter 1133, section 2, subsection 2, 16 paragraph 0b. 17 c. Of the funds appropriated in this subsection, $2,670,427 18 shall be used to expand the department’s initiative to 19 provide for adequate developmental surveillance and screening 20 during a child’s first five years statewide. The expansion 21 shall include enhancing the scope of the program through 22 collaboration with the child health specialty clinics to 23 promote healthy child development through early identification 24 and response to both biomedical and social determinants 25 of healthy development; by developing child health metrics 26 to inform practice, document long-term health impacts and 27 savings, and provide for continuous improvement through 28 training, education, and evaluation; and by providing for 29 practitioner consultation particularly for children with 30 behavioral conditions and needs. The department of public 31 health shall also collaborate with the Iowa Medicaid enterprise 32 and the child health specialty clinics to integrate the 33 activities of the first five initiative into the establishment 34 of patient-centered medical homes, community utilities, 35 -8- SF 446 (7) 85 pf/jp/jh 8/ 118
S.F. 446 accountable care organizations, and other integrated care 1 models developed to improve health quality and population 2 health while reducing health care costs. To the maximum extent 3 possible, funding allocated in this paragraph shall be utilized 4 as matching funds for medical assistance program reimbursement. 5 d. Of the funds appropriated in this subsection, $31,597 6 shall be distributed to a statewide dental carrier to provide 7 funds to continue the donated dental services program patterned 8 after the projects developed by the lifeline network to provide 9 dental services to indigent elderly and disabled individuals. 10 e. Of the funds appropriated in this subsection, $111,995 11 shall be used for childhood obesity prevention. 12 f. Of the funds appropriated in this subsection, $162,768 13 shall be used to provide audiological services and hearing 14 aids for children. The department may enter into a contract 15 to administer this paragraph. 16 g. Of the funds appropriated in this subsection, $25,000 17 shall be transferred to the university of Iowa college of 18 dentistry for provision of primary dental services to children. 19 State funds shall be matched on a dollar-for-dollar basis. 20 The university of Iowa college of dentistry shall coordinate 21 efforts with the department of public health, bureau of 22 oral and health delivery systems, to provide dental care to 23 underserved populations throughout the state. 24 h. Of the funds appropriated in this subsection, $50,000 25 shall be used to address youth suicide prevention. 26 i. Of the funds appropriated in this subsection, $2,000,000 27 shall be used to expand the I-smile oral health program to 28 at-risk adults with a priority to serve individuals 60 years 29 of age or older to improve systemic health and quality of 30 life, including to individuals with disabilities and older 31 individuals with physical, cognitive, or behavioral limitations 32 or chronic or complex conditions that adversely affect oral 33 self-care, result in greater susceptibility to oral disease, or 34 limit accessibility to professional oral care. 35 -9- SF 446 (7) 85 pf/jp/jh 9/ 118
S.F. 446 3. CHRONIC CONDITIONS 1 For serving individuals identified as having chronic 2 conditions or special health care needs, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,220,411 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 7.00 6 a. Of the funds appropriated in this subsection, $159,932 7 shall be used for grants to individual patients who have 8 phenylketonuria (PKU) to assist with the costs of necessary 9 special foods. 10 b. Of the funds appropriated in this subsection, $891,644 11 shall be used for the brain injury services program pursuant to 12 section 135.22B, including for continuation of the contracts 13 for resource facilitator services in accordance with section 14 135.22B, subsection 9, and to enhance brain injury training and 15 recruitment of service providers on a statewide basis. Of the 16 amount allocated in this paragraph, $95,000 shall be used to 17 fund one full-time equivalent position to serve as the state 18 brain injury service program manager. 19 c. Of the funds appropriated in this subsection, $547,982 20 shall be used as additional funding to leverage federal funding 21 through the federal Ryan White Care Act, Tit. II, AIDS drug 22 assistance program supplemental drug treatment grants. 23 d. Of the funds appropriated in this subsection, $99,823 24 shall be used for the public purpose of continuing a grant 25 with an existing national-affiliated organization to provide 26 education, client-centered programs, and client and family 27 support for people living with epilepsy and their families. 28 e. Of the funds appropriated in this subsection, $785,114 29 shall be used for child health specialty clinics. 30 f. Of the funds appropriated in this subsection, $400,000 31 shall be used by the regional autism assistance program 32 established pursuant to section 256.35, and administered by 33 the child health specialty clinic located at the university of 34 Iowa hospitals and clinics. The funds shall be used to enhance 35 -10- SF 446 (7) 85 pf/jp/jh 10/ 118
S.F. 446 interagency collaboration and coordination of educational, 1 medical, and other human services for persons with autism, 2 their families, and providers of services, including delivering 3 regionalized services of care coordination, family navigation, 4 and integration of services through the statewide system of 5 regional child health specialty clinics and fulfilling other 6 requirements as specified in chapter 225D, creating the autism 7 support program, as enacted in this Act. The university of 8 Iowa shall not receive funds allocated under this paragraph for 9 indirect costs associated with the regional autism assistance 10 program. 11 g. Of the funds appropriated in this subsection, $570,993 12 shall be used for the comprehensive cancer control program to 13 reduce the burden of cancer in Iowa through prevention, early 14 detection, effective treatment, and ensuring quality of life. 15 Of the funds allocated in this lettered paragraph, $150,000 16 shall be used to support a melanoma research symposium, a 17 melanoma biorepository and registry, basic and translational 18 melanoma research, and clinical trials. 19 h. Of the funds appropriated in this subsection, $126,450 20 shall be used for cervical and colon cancer screening, and 21 $500,000 shall be used to enhance the capacity of the cervical 22 cancer screening program to include provision of recommended 23 prevention and early detection measures to a broader range of 24 low-income women. 25 i. Of the funds appropriated in this subsection, $526,695 26 shall be used for the center for congenital and inherited 27 disorders. 28 j. Of the funds appropriated in this subsection, $129,411 29 shall be used for the prescription drug donation repository 30 program created in chapter 135M . 31 k. Of the funds appropriated in this subsection, $215,263 32 shall be used for the costs of the medical home system advisory 33 council established pursuant to section 135.159 including 34 incorporation of the development and implementation of the 35 -11- SF 446 (7) 85 pf/jp/jh 11/ 118
S.F. 446 prevention and chronic care management state initiative. 1 l. Of the funds appropriated in this subsection, $139,719 2 shall be used to fund the state comprehensive Alzheimer’s 3 disease response strategy as enacted in this Act. 4 4. COMMUNITY CAPACITY 5 For strengthening the health care delivery system at the 6 local level, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,514,110 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 18.25 10 a. Of the funds appropriated in this subsection, $99,414 11 is allocated for continuation of the child vision screening 12 program implemented through the university of Iowa hospitals 13 and clinics in collaboration with early childhood Iowa areas. 14 The program shall submit a report to the individuals identified 15 in this Act for submission of reports regarding the use of 16 funds allocated under this paragraph “a”. The report shall 17 include the objectives and results for the program year 18 including the target population and how the funds allocated 19 assisted the program in meeting the objectives; the number, 20 age, and location within the state of individuals served; 21 the type of services provided to the individuals served; the 22 distribution of funds based on service provided; and the 23 continuing needs of the program. 24 b. Of the funds appropriated in this subsection, $110,656 is 25 allocated for continuation of an initiative implemented at the 26 university of Iowa and $99,904 is allocated for continuation of 27 an initiative at the state mental health institute at Cherokee 28 to expand and improve the workforce engaged in mental health 29 treatment and services. The initiatives shall receive input 30 from the university of Iowa, the department of human services, 31 the department of public health, and the mental health and 32 disability services commission to address the focus of the 33 initiatives. 34 c. Of the funds appropriated in this subsection, $1,164,628 35 -12- SF 446 (7) 85 pf/jp/jh 12/ 118
S.F. 446 shall be used for essential public health services that promote 1 healthy aging throughout the lifespan, contracted through a 2 formula for local boards of health, to enhance health promotion 3 and disease prevention services. 4 d. Of the funds appropriated in this section, $99,286 shall 5 be deposited in the governmental public health system fund 6 created in section 135A.8 to be used for the purposes of the 7 fund. 8 e. Of the funds appropriated in this subsection, $105,448 9 shall be used for the mental health professional shortage area 10 program implemented pursuant to section 135.180 . 11 f. Of the funds appropriated in this subsection, 12 $38,263 shall be used for a grant to a statewide association 13 of psychologists that is affiliated with the American 14 psychological association to be used for continuation of a 15 program to rotate intern psychologists in placements in urban 16 and rural mental health professional shortage areas, as defined 17 in section 135.180 . 18 g. Of the funds appropriated in this subsection, the 19 following amounts shall be allocated to the Iowa collaborative 20 safety net provider network established pursuant to section 21 135.153 to be used for the purposes designated. The following 22 amounts allocated under this lettered paragraph shall be 23 distributed to the specified provider and shall not be reduced 24 for administrative or other costs prior to distribution: 25 (1) For distribution to the Iowa primary care association 26 for statewide coordination of the Iowa collaborative safety net 27 provider network: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 145,785 29 (2) For distribution to the Iowa primary care association 30 to be used to continue a training program for sexual assault 31 response team (SART) members, including representatives of 32 law enforcement, victim advocates, prosecutors, and certified 33 medical personnel: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 35 -13- SF 446 (7) 85 pf/jp/jh 13/ 118
S.F. 446 (3) For distribution to federally qualified health centers 1 for necessary infrastructure, statewide coordination, provider 2 recruitment, service delivery, and provision of assistance to 3 patients in determining an appropriate medical home: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 5 (4) For distribution to the local boards of health that 6 provide direct services for pilot programs in three counties to 7 assist patients in securing a medical home inclusive of dental 8 care: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,153 10 (5) For distribution to maternal and child health centers 11 for pilot programs in three service areas to assist patients in 12 securing a medical home inclusive of dental care: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 95,126 14 (6) For distribution to free clinics for necessary 15 infrastructure, statewide coordination, provider recruitment, 16 service delivery, and provision of assistance to patients in 17 securing a medical home inclusive of dental care: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 399,272 19 (7) For distribution to rural health clinics for necessary 20 infrastructure, statewide coordination, provider recruitment, 21 service delivery, and provision of assistance to patients in 22 determining an appropriate medical home: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 141,544 24 (8) For continuation of the safety net provider patient 25 access to a specialty health care initiative as described in 26 2007 Iowa Acts, chapter 218, section 109: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 448,474 28 (9) For continuation of the pharmaceutical infrastructure 29 for safety net providers as described in 2007 Iowa Acts, 30 chapter 218, section 108: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 413,415 32 (10) For distribution to the Iowa family planning network 33 agencies for necessary infrastructure, statewide coordination, 34 provider recruitment, service delivery, and provision of 35 -14- SF 446 (7) 85 pf/jp/jh 14/ 118
S.F. 446 assistance to patients in determining an appropriate medical 1 home: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100,000 3 The Iowa collaborative safety net provider network may 4 continue to distribute funds allocated pursuant to this 5 lettered paragraph through existing contracts or renewal of 6 existing contracts. 7 h. (1) Of the funds appropriated in this subsection, 8 $204,775 shall be used for continuation of the work of the 9 direct care worker advisory council established pursuant to 10 2008 Iowa Acts, chapter 1188, section 69, in implementing the 11 recommendations in the final report submitted by the advisory 12 council to the governor and the general assembly in March 2012. 13 (2) The advisory council, in collaboration with the board 14 of direct care professionals created in chapter 152F, if 15 enacted in 2013 Iowa Acts, Senate File 232, or 2013 successor 16 legislation, shall do all of the following: 17 (a) Develop and conduct necessary outreach and education 18 for individuals providing direct care services, consumers, 19 training providers including but not limited to community 20 college health occupation and training centers, employers, and 21 other interested parties to provide information about and the 22 process for participation in direct care professional voluntary 23 certification. 24 (b) Determine data collection needs, collect data, and 25 track and analyze data to determine the effect of certification 26 on recruitment and retention, turnover rates, the cost of 27 turnover, consumer and employer satisfaction, and public 28 protection. The analysis of the data collected shall also be 29 used to inform changes in the certification system to provide 30 for continuous improvement for direct care professionals, 31 consumers and employers, and the public. 32 i. (1) Of the funds appropriated in this subsection, 33 $207,750 shall be used for allocation to an independent 34 statewide direct care worker association under continuation 35 -15- SF 446 (7) 85 pf/jp/jh 15/ 118
S.F. 446 of the contract in effect during the fiscal year ending June 1 30, 2013, with terms determined by the director of public 2 health relating to education, outreach, leadership development, 3 mentoring, and other initiatives intended to enhance the 4 recruitment and retention of direct care workers in health care 5 and long-term care settings. 6 (2) Of the funds appropriated in this subsection, $75,000 7 shall be used to provide scholarships or other forms of 8 subsidization for direct care worker educational conferences, 9 training, or outreach activities. 10 (3) Of the funds appropriated in this subsection, up 11 to $184,530 shall be used for the board of direct care 12 professionals created pursuant to chapter 152F, if enacted in 13 2013 Iowa Acts, Senate File 232, or 2013 successor legislation. 14 A portion of the amount allocated in this subparagraph (3) 15 may be used for up to 4.25 full-time equivalent positions to 16 administer the board of direct care professionals. 17 j. Of the funds appropriated in this subsection, the 18 department may use up to $58,175 for up to one full-time 19 equivalent position to administer the volunteer health care 20 provider program pursuant to section 135.24 . 21 k. Of the funds appropriated in this subsection, $49,707 22 shall be used for a matching dental education loan repayment 23 program to be allocated to a dental nonprofit health service 24 corporation to develop the criteria and implement the loan 25 repayment program. 26 l. Of the funds appropriated in this subsection, $105,823 27 shall be transferred to the college student aid commission for 28 deposit in the rural Iowa primary care trust fund created in 29 section 261.113 to be used for the purposes of the fund. 30 m. Of the funds appropriated in this subsection, $150,000 31 shall be used for the purposes of the Iowa donor registry as 32 specified in section 142C.18. 33 n. Of the funds appropriated in this subsection, $100,000 34 shall be used for continuation of a grant to a nationally 35 -16- SF 446 (7) 85 pf/jp/jh 16/ 118
S.F. 446 affiliated volunteer eye organization that has an established 1 program for children and adults and that is solely dedicated to 2 preserving sight and preventing blindness through education, 3 nationally certified vision screening and training, and 4 community and patient service programs. The organization 5 shall submit a report to the individuals identified in this 6 Act for submission of reports regarding the use of funds 7 allocated under this paragraph “n”. The report shall include 8 the objectives and results for the program year including 9 the target population and how the funds allocated assisted 10 the program in meeting the objectives; the number, age, and 11 location within the state of individuals served; the type of 12 services provided to the individuals served; the distribution 13 of funds based on service provided; and the continuing needs 14 of the program. 15 o. Of the funds appropriated in this subsection, $25,000 16 shall be used for the establishment of wellness council under 17 the direction of the director of public health to increase 18 support for wellness activities in the state. 19 p. Of the funds appropriated in this section, $1,158,150 20 is allocated to the Iowa collaborative safety net provider 21 network established pursuant to section 135.153 to be used for 22 development and implementation of a statewide regionally-based 23 network to provide an integrated approach to health care 24 delivery through care coordination that supports primary 25 care providers and links patients with community resources 26 necessary to empower patients in addressing biomedical and 27 social determinants of health to improve health outcomes. The 28 Iowa collaborative safety net provider network shall work in 29 conjunction with the department of human services to align the 30 integrated network with the health care delivery system model 31 developed under the state innovation models initiative grant. 32 The Iowa collaborative safety net provider network shall submit 33 a progress report to the individuals designated in this Act for 34 submission of reports by December 31, 2013, including progress 35 -17- SF 446 (7) 85 pf/jp/jh 17/ 118
S.F. 446 in developing and implementing the network, how the funds 1 were distributed and used in developing and implementing the 2 network, and the remaining needs in developing and implementing 3 the network. 4 q. Of the funds appropriated in this section, $500,000 shall 5 be deposited in the area health education centers fund, as 6 enacted by this Act, to be used for the purposes of the fund. 7 r. Of the funds appropriated in this section, $50,000 shall 8 be distributed to a statewide nonprofit organization to be used 9 for the public purpose of supporting a partnership between 10 medical providers and parents through community health centers 11 to promote reading and encourage literacy skills so children 12 enter school prepared for success in reading. 13 5. HEALTHY AGING 14 To provide public health services that reduce risks and 15 invest in promoting and protecting good health over the 16 course of a lifetime with a priority given to older Iowans and 17 vulnerable populations: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,297,142 19 a. Of the funds appropriated in this subsection, $2,009,187 20 shall be used for local public health nursing services. 21 b. Of the funds appropriated in this subsection, $5,287,955 22 shall be used for home care aide services. 23 6. ENVIRONMENTAL HAZARDS 24 For reducing the public’s exposure to hazards in the 25 environment, primarily chemical hazards, and for not more than 26 the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 803,870 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 29 Of the funds appropriated in this subsection, $537,750 shall 30 be used for childhood lead poisoning provisions. 31 7. INFECTIOUS DISEASES 32 For reducing the incidence and prevalence of communicable 33 diseases, and for not more than the following full-time 34 equivalent positions: 35 -18- SF 446 (7) 85 pf/jp/jh 18/ 118
S.F. 446 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,335,155 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 2 8. PUBLIC PROTECTION 3 For protecting the health and safety of the public through 4 establishing standards and enforcing regulations, and for not 5 more than the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,334,571 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 131.00 8 a. Of the funds appropriated in this subsection, not more 9 than $454,700 shall be credited to the emergency medical 10 services fund created in section 135.25 . Moneys in the 11 emergency medical services fund are appropriated to the 12 department to be used for the purposes of the fund. 13 b. Of the funds appropriated in this subsection, $203,032 14 shall be used for sexual violence prevention programming 15 through a statewide organization representing programs serving 16 victims of sexual violence through the department’s sexual 17 violence prevention program. The amount allocated in this 18 lettered paragraph shall not be used to supplant funding 19 administered for other sexual violence prevention or victims 20 assistance programs. 21 c. Of the funds appropriated in this subsection, not more 22 than $598,751 shall be used for the state poison control 23 center. 24 d. Of the funds appropriated in this section, $368,000 shall 25 be used for maintenance of environmental health programs to 26 ensure public safety. 27 e. Of the funds appropriated in this section, $28,000 shall 28 be used as one-time funding to transition the licensing of 29 orthotists, prosthetists, and pedorthists to a fee-supported 30 licensing model. 31 f. Of the funds appropriated in this section, $28,644 shall 32 be used for the costs of the emergency medical services task 33 force as enacted in this Act. 34 g. Of the funds appropriated in this section, $55,800 shall 35 -19- SF 446 (7) 85 pf/jp/jh 19/ 118
S.F. 446 be used as one-time funding for the board of behavioral science 1 to incorporate the provisions of 2013 Iowa Acts, House File 2 569, if enacted, relating to the licensure of professionals 3 practicing substance and addictive disorder counseling or 4 providing substance and addictive disorder prevention services. 5 9. RESOURCE MANAGEMENT 6 For establishing and sustaining the overall ability of the 7 department to deliver services to the public, and for not more 8 than the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 804,054 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 11 The university of Iowa hospitals and clinics under the 12 control of the state board of regents shall not receive 13 indirect costs from the funds appropriated in this section. 14 The university of Iowa hospitals and clinics billings to the 15 department shall be on at least a quarterly basis. 16 The department of public health shall submit a report to the 17 individuals specified in this Act for submission of reports by 18 December 15, 2013, providing recommendations for improvements 19 in the intraoperability and interoperability of communications 20 technology under the purview of the department to improve 21 efficiency and reduce costs. 22 DIVISION IV 23 DEPARTMENT OF VETERANS AFFAIRS —— FY 2013-2014 24 Sec. 4. DEPARTMENT OF VETERANS AFFAIRS. There is 25 appropriated from the general fund of the state to the 26 department of veterans affairs for the fiscal year beginning 27 July 1, 2013, and ending June 30, 2014, the following amounts, 28 or so much thereof as is necessary, to be used for the purposes 29 designated: 30 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 31 For salaries, support, maintenance, and miscellaneous 32 purposes, including the war orphans educational assistance fund 33 created in section 35.8 , or a successor funding provision for 34 war orphans educational assistance, if enacted, and for not 35 -20- SF 446 (7) 85 pf/jp/jh 20/ 118
S.F. 446 more than the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,093,508 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 3 2. IOWA VETERANS HOME 4 For salaries, support, maintenance, and miscellaneous 5 purposes: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,025,714 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 35A.20 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,416 27 4. HOME OWNERSHIP ASSISTANCE PROGRAM 28 For transfer to the Iowa finance authority for the 29 continuation of the home ownership assistance program for 30 persons who are or were eligible members of the armed forces of 31 the United States, pursuant to section 16.54: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600,000 33 Sec. 5. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS 34 FUND STANDING APPROPRIATIONS. Notwithstanding the standing 35 -21- SF 446 (7) 85 pf/jp/jh 21/ 118
S.F. 446 appropriation in the following designated section for the 1 fiscal year beginning July 1, 2013, and ending June 30, 2014, 2 the amounts appropriated from the general fund of the state 3 pursuant to that section for the following designated purposes 4 shall not exceed the following amount: 5 For the county commissions of veteran affairs fund under 6 section 35A.16 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 990,000 8 DIVISION V 9 DEPARTMENT OF HUMAN SERVICES —— FY 2013-2014 10 Sec. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 11 GRANT. There is appropriated from the fund created in section 12 8.41 to the department of human services for the fiscal year 13 beginning July 1, 2013, and ending June 30, 2014, from moneys 14 received under the federal temporary assistance for needy 15 families (TANF) block grant pursuant to the federal Personal 16 Responsibility and Work Opportunity Reconciliation Act of 1996, 17 Pub. L. No. 104-193, and successor legislation, the following 18 amounts, or so much thereof as is necessary, to be used for the 19 purposes designated: 20 1. To be credited to the family investment program account 21 and used for assistance under the family investment program 22 under chapter 239B : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,116,948 24 2. To be credited to the family investment program account 25 and used for the job opportunities and basic skills (JOBS) 26 program and implementing family investment agreements in 27 accordance with chapter 239B : 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,866,439 29 3. To be used for the family development and 30 self-sufficiency grant program in accordance with section 31 216A.107 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 33 Notwithstanding section 8.33 , moneys appropriated in this 34 subsection that remain unencumbered or unobligated at the close 35 -22- SF 446 (7) 85 pf/jp/jh 22/ 118
S.F. 446 of the fiscal year shall not revert but shall remain available 1 for expenditure for the purposes designated until the close of 2 the succeeding fiscal year. However, unless such moneys are 3 encumbered or obligated on or before September 30, 2014, the 4 moneys shall revert. 5 4. For field operations: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 7 5. For general administration: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 9 6. For state child care assistance: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,382,687 11 The funds appropriated in this subsection shall be 12 transferred to the child care and development block grant 13 appropriation made by the Eighty-fifth General Assembly, 2013 14 Session, for the federal fiscal year beginning October 1, 15 2013, and ending September 30, 2014. Of this amount, $200,000 16 shall be used for provision of educational opportunities to 17 registered child care home providers in order to improve 18 services and programs offered by this category of providers 19 and to increase the number of providers. The department may 20 contract with institutions of higher education or child care 21 resource and referral centers to provide the educational 22 opportunities. Allowable administrative costs under the 23 contracts shall not exceed 5 percent. The application for a 24 grant shall not exceed two pages in length. 25 7. For distribution to counties and regions through the 26 property tax relief fund for mental health and disability 27 services as provided in an appropriation made for this purpose: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,894,052 29 8. For child and family services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,084,430 31 9. For child abuse prevention grants: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 33 10. For pregnancy prevention grants on the condition that 34 family planning services are funded: 35 -23- SF 446 (7) 85 pf/jp/jh 23/ 118
S.F. 446 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 1 Pregnancy prevention grants shall be awarded to programs 2 in existence on or before July 1, 2013, if the programs have 3 demonstrated positive outcomes. Grants shall be awarded to 4 pregnancy prevention programs which are developed after July 5 1, 2013, if the programs are based on existing models that 6 have demonstrated positive outcomes. Grants shall comply with 7 the requirements provided in 1997 Iowa Acts, chapter 208, 8 section 14, subsections 1 and 2, including the requirement that 9 grant programs must emphasize sexual abstinence. Priority in 10 the awarding of grants shall be given to programs that serve 11 areas of the state which demonstrate the highest percentage of 12 unplanned pregnancies of females of childbearing age within the 13 geographic area to be served by the grant. 14 11. For technology needs and other resources necessary 15 to meet federal welfare reform reporting, tracking, and case 16 management requirements: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 18 12. To be credited to the state child care assistance 19 appropriation made in this section to be used for funding of 20 community-based early childhood programs targeted to children 21 from birth through five years of age developed by early 22 childhood Iowa areas as provided in section 256I.8 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,350,000 24 The department shall transfer TANF block grant funding 25 appropriated and allocated in this subsection to the child care 26 and development block grant appropriation in accordance with 27 federal law as necessary to comply with the provisions of this 28 subsection. 29 13. For the family investment program share of the 30 costs to develop and maintain a new, integrated eligibility 31 determination system: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,050,451 33 14. a. Notwithstanding any provision to the contrary, 34 including but not limited to requirements in section 8.41 or 35 -24- SF 446 (7) 85 pf/jp/jh 24/ 118
S.F. 446 provisions in 2012 or 2013 Iowa Acts regarding the receipt and 1 appropriation of federal block grants, federal funds from the 2 temporary assistance for needy families block grant received 3 by the state not otherwise appropriated in this section and 4 remaining available for the fiscal year beginning July 1, 5 2013, are appropriated to the department of human services to 6 the extent as may be necessary to be used in the following 7 priority order: the family investment program, for state child 8 care assistance program payments for individuals enrolled 9 in the family investment program who are employed, and for 10 the family investment program share of costs to develop and 11 maintain a new, integrated eligibility determination system. 12 The federal funds appropriated in this paragraph “a” shall be 13 expended only after all other funds appropriated in subsection 14 1 for the assistance under the family investment program, in 15 subsection 6 for child care assistance, or in subsection 13 for 16 the family investment program share of the costs to develop and 17 maintain a new, integrated eligibility determination system, as 18 applicable, have been expended. 19 b. The department shall, on a quarterly basis, advise the 20 legislative services agency and department of management of 21 the amount of funds appropriated in this subsection that was 22 expended in the prior quarter. 23 15. Of the amounts appropriated in this section, 24 $12,962,008 for the fiscal year beginning July 1, 2013, shall 25 be transferred to the appropriation of the federal social 26 services block grant made to the department of human services 27 for that fiscal year. 28 16. For continuation of the program providing categorical 29 eligibility for the food assistance program as specified for 30 the program in the section of this division relating to the 31 family investment program account: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 33 17. The department may transfer funds allocated in this 34 section to the appropriations made in this division of this Act 35 -25- SF 446 (7) 85 pf/jp/jh 25/ 118
S.F. 446 for the same fiscal year for general administration and field 1 operations for resources necessary to implement and operate the 2 services referred to in this section and those funded in the 3 appropriation made in this division of this Act for the same 4 fiscal year for the family investment program from the general 5 fund of the state. 6 Sec. 7. FAMILY INVESTMENT PROGRAM ACCOUNT. 7 1. Moneys credited to the family investment program (FIP) 8 account for the fiscal year beginning July 1, 2013, and 9 ending June 30, 2014, shall be used to provide assistance in 10 accordance with chapter 239B . 11 2. The department may use a portion of the moneys credited 12 to the FIP account under this section as necessary for 13 salaries, support, maintenance, and miscellaneous purposes. 14 3. The department may transfer funds allocated in this 15 section to the appropriations made in this division of this Act 16 for the same fiscal year for general administration and field 17 operations for resources necessary to implement and operate the 18 services referred to in this section and those funded in the 19 appropriation made in this division of this Act for the same 20 fiscal year for the family investment program from the general 21 fund of the state. 22 4. Moneys appropriated in this division of this Act and 23 credited to the FIP account for the fiscal year beginning July 24 1, 2013, and ending June 30, 2014, are allocated as follows: 25 a. To be retained by the department of human services to 26 be used for coordinating with the department of human rights 27 to more effectively serve participants in the FIP program and 28 other shared clients and to meet federal reporting requirements 29 under the federal temporary assistance for needy families block 30 grant: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,000 32 b. To the department of human rights for staffing, 33 administration, and implementation of the family development 34 and self-sufficiency grant program in accordance with section 35 -26- SF 446 (7) 85 pf/jp/jh 26/ 118
S.F. 446 216A.107 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,500,000 2 (1) Of the funds allocated for the family development and 3 self-sufficiency grant program in this lettered paragraph, 4 not more than 5 percent of the funds shall be used for the 5 administration of the grant program. 6 (2) The department of human rights may continue to implement 7 the family development and self-sufficiency grant program 8 statewide during fiscal year 2013-2014. 9 c. For the diversion subaccount of the FIP account: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,698,400 11 A portion of the moneys allocated for the subaccount may 12 be used for field operations salaries, data management system 13 development, and implementation costs and support deemed 14 necessary by the director of human services in order to 15 administer the FIP diversion program. To the extent moneys 16 allocated in this lettered paragraph are not deemed by the 17 department to be necessary to support diversion activities, 18 such moneys may be used for other efforts intended to increase 19 engagement by family investment program participants in work, 20 education, or training activities. 21 d. For the food assistance employment and training program: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 66,588 23 (1) The department shall apply the federal supplemental 24 nutrition assistance program (SNAP) employment and training 25 state plan in order to maximize to the fullest extent permitted 26 by federal law the use of the 50 percent federal reimbursement 27 provisions for the claiming of allowable federal reimbursement 28 funds from the United States department of agriculture 29 pursuant to the federal SNAP employment and training program 30 for providing education, employment, and training services 31 for eligible food assistance program participants, including 32 but not limited to related dependent care and transportation 33 expenses. 34 (2) The department shall continue the categorical federal 35 -27- SF 446 (7) 85 pf/jp/jh 27/ 118
S.F. 446 food assistance program eligibility at 160 percent of the 1 federal poverty level and continue to eliminate the asset test 2 from eligibility requirements, consistent with federal food 3 assistance program requirements. The department shall include 4 as many food assistance households as is allowed by federal 5 law. The eligibility provisions shall conform to all federal 6 requirements including requirements addressing individuals who 7 are incarcerated or otherwise ineligible. 8 e. For the JOBS program: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,690,816 10 5. Of the child support collections assigned under FIP, 11 an amount equal to the federal share of support collections 12 shall be credited to the child support recovery appropriation 13 made in this division of this Act. Of the remainder of the 14 assigned child support collections received by the child 15 support recovery unit, a portion shall be credited to the FIP 16 account, a portion may be used to increase recoveries, and a 17 portion may be used to sustain cash flow in the child support 18 payments account. If as a consequence of the appropriations 19 and allocations made in this section the resulting amounts 20 are insufficient to sustain cash assistance payments and meet 21 federal maintenance of effort requirements, the department 22 shall seek supplemental funding. If child support collections 23 assigned under FIP are greater than estimated or are otherwise 24 determined not to be required for maintenance of effort, the 25 state share of either amount may be transferred to or retained 26 in the child support payment account. 27 6. The department may adopt emergency rules for the family 28 investment, JOBS, food assistance, and medical assistance 29 programs if necessary to comply with federal requirements. 30 Sec. 8. FAMILY INVESTMENT PROGRAM GENERAL FUND. There 31 is appropriated from the general fund of the state to the 32 department of human services for the fiscal year beginning July 33 1, 2013, and ending June 30, 2014, the following amount, or 34 so much thereof as is necessary, to be used for the purpose 35 -28- SF 446 (7) 85 pf/jp/jh 28/ 118
S.F. 446 designated: 1 To be credited to the family investment program (FIP) 2 account and used for family investment program assistance under 3 chapter 239B : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,894,380 5 1. Of the funds appropriated in this section, $7,824,377 is 6 allocated for the JOBS program. 7 2. Of the funds appropriated in this section, $3,621,020 is 8 allocated for the family development and self-sufficiency grant 9 program. 10 3. Notwithstanding section 8.39 , for the fiscal year 11 beginning July 1, 2013, if necessary to meet federal 12 maintenance of effort requirements or to transfer federal 13 temporary assistance for needy families block grant funding 14 to be used for purposes of the federal social services block 15 grant or to meet cash flow needs resulting from delays in 16 receiving federal funding or to implement, in accordance with 17 this division of this Act, activities currently funded with 18 juvenile court services, county, or community moneys and state 19 moneys used in combination with such moneys, the department 20 of human services may transfer funds within or between any 21 of the appropriations made in this division of this Act and 22 appropriations in law for the federal social services block 23 grant to the department for the following purposes, provided 24 that the combined amount of state and federal temporary 25 assistance for needy families block grant funding for each 26 appropriation remains the same before and after the transfer: 27 a. For the family investment program. 28 b. For child care assistance. 29 c. For child and family services. 30 d. For field operations. 31 e. For general administration. 32 f. For distribution to counties or regions for services to 33 persons with mental illness or an intellectual disability. 34 This subsection shall not be construed to prohibit the use 35 -29- SF 446 (7) 85 pf/jp/jh 29/ 118
S.F. 446 of existing state transfer authority for other purposes. The 1 department shall report any transfers made pursuant to this 2 subsection to the legislative services agency. 3 4. Of the funds appropriated in this section, $195,678 shall 4 be used for continuation of a grant to an Iowa-based nonprofit 5 organization with a history of providing tax preparation 6 assistance to low-income Iowans in order to expand the usage of 7 the earned income tax credit. The purpose of the grant is to 8 supply this assistance to underserved areas of the state. 9 5. Of the funds appropriated in this section, $40,000 shall 10 be used to fund the expansion of an unfunded pilot project, as 11 defined in 441 IAC 100.1, that has been in existence for at 12 least six months, relating to parental obligations, in which 13 the child support recovery unit participates, to support the 14 efforts of a nonprofit organization committed to strengthening 15 the community through youth development, healthy living, and 16 social responsibility in a county with a population over 17 350,000. The funds allocated in this subsection shall be used 18 by the recipient organization to develop a larger community 19 effort, through public and private partnerships, to support 20 a broad-based fatherhood initiative that promotes payment of 21 child support obligations, improved family relationships, and 22 full-time employment. 23 6. The department may transfer funds appropriated in this 24 section to the appropriations made in this division of this Act 25 for general administration and field operations as necessary 26 to administer this section and the overall family investment 27 program. 28 Sec. 9. CHILD SUPPORT RECOVERY. 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, 2013, and ending 31 June 30, 2014, the following amount, or so much thereof as is 32 necessary, to be used for the purposes designated: 33 For child support recovery, including salaries, support, 34 maintenance, and miscellaneous purposes, and for not more than 35 -30- SF 446 (7) 85 pf/jp/jh 30/ 118
S.F. 446 the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,173,770 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 464.00 3 1. The department shall expend up to $24,329, including 4 federal financial participation, for the fiscal year beginning 5 July 1, 2013, for a child support public awareness campaign. 6 The department and the office of the attorney general shall 7 cooperate in continuation of the campaign. The public 8 awareness campaign shall emphasize, through a variety of 9 media activities, the importance of maximum involvement of 10 both parents in the lives of their children as well as the 11 importance of payment of child support obligations. 12 2. Federal access and visitation grant moneys shall be 13 issued directly to private not-for-profit agencies that provide 14 services designed to increase compliance with the child access 15 provisions of court orders, including but not limited to 16 neutral visitation sites and mediation services. 17 3. The appropriation made to the department for child 18 support recovery may be used throughout the fiscal year in the 19 manner necessary for purposes of cash flow management, and for 20 cash flow management purposes the department may temporarily 21 draw more than the amount appropriated, provided the amount 22 appropriated is not exceeded at the close of the fiscal year. 23 4. With the exception of the funding amount specified, the 24 requirements established under 2001 Iowa Acts, chapter 191, 25 section 3, subsection 5, paragraph “c”, subparagraph (3), shall 26 be applicable to parental obligation pilot projects for the 27 fiscal year beginning July 1, 2013, and ending June 30, 2014. 28 Notwithstanding 441 IAC 100.8, providing for termination of 29 rules relating to the pilot projects, the rules shall remain 30 in effect until June 30, 2014. 31 Sec. 10. HEALTH CARE TRUST FUND —— MEDICAL ASSISTANCE —— 32 FY 2013-2014. Any funds remaining in the health care trust 33 fund created in section 453A.35A for the fiscal year beginning 34 July 1, 2013, and ending June 30, 2014, are appropriated to 35 -31- SF 446 (7) 85 pf/jp/jh 31/ 118
S.F. 446 the department of human services to supplement the medical 1 assistance program appropriations made in this division of this 2 Act, for medical assistance reimbursement and associated costs, 3 including program administration and costs associated with 4 program implementation. 5 Sec. 11. MEDICAL ASSISTANCE. There is appropriated from the 6 general fund of the state to the department of human services 7 for the fiscal year beginning July 1, 2013, and ending June 30, 8 2014, the following amount, or so much thereof as is necessary, 9 to be used for the purpose designated: 10 For medical assistance program reimbursement and associated 11 costs as specifically provided in the reimbursement 12 methodologies in effect on June 30, 2013, except as otherwise 13 expressly authorized by law, and consistent with options under 14 federal law and regulations: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,301,686,445 16 1. The funds appropriated in this section shall be used 17 in accordance with 2011 Iowa Acts, chapter 129, section 10, 18 subsection 1. 19 2. The department shall utilize not more than $60,000 of 20 the funds appropriated in this section to continue the AIDS/HIV 21 health insurance premium payment program as established in 1992 22 Iowa Acts, Second Extraordinary Session, chapter 1001, section 23 409, subsection 6. Of the funds allocated in this subsection, 24 not more than $5,000 may be expended for administrative 25 purposes. 26 3. Of the funds appropriated in this Act to the department 27 of public health for addictive disorders, $950,000 for the 28 fiscal year beginning July 1, 2013, shall be transferred 29 to the department of human services for an integrated 30 substance-related disorder managed care system. The department 31 shall not assume management of the substance-related disorder 32 system in place of the managed care contractor unless such 33 a change in approach is specifically authorized in law. 34 The departments of human services and public health shall 35 -32- SF 446 (7) 85 pf/jp/jh 32/ 118
S.F. 446 work together to maintain the level of mental health and 1 substance-related disorder treatment services provided by the 2 managed care contractor through the Iowa plan for behavioral 3 health. Each department shall take the steps necessary to 4 continue the federal waivers as necessary to maintain the level 5 of services. 6 4. a. The department shall aggressively pursue options for 7 providing medical assistance or other assistance to individuals 8 with special needs who become ineligible to continue receiving 9 services under the early and periodic screening, diagnostic, 10 and treatment program under the medical assistance program 11 due to becoming 21 years of age who have been approved for 12 additional assistance through the department’s exception to 13 policy provisions, but who have health care needs in excess 14 of the funding available through the exception to policy 15 provisions. 16 b. Of the funds appropriated in this section, $100,000 17 shall be used for participation in one or more pilot projects 18 operated by a private provider to allow the individual or 19 individuals to receive service in the community in accordance 20 with principles established in Olmstead v. L.C., 527 U.S. 581 21 (1999), for the purpose of providing medical assistance or 22 other assistance to individuals with special needs who become 23 ineligible to continue receiving services under the early and 24 periodic screening, diagnostic, and treatment program under 25 the medical assistance program due to becoming 21 years of 26 age who have been approved for additional assistance through 27 the department’s exception to policy provisions, but who have 28 health care needs in excess of the funding available through 29 the exception to the policy provisions. 30 5. Of the funds appropriated in this section, up to 31 $3,050,082 may be transferred to the field operations or 32 general administration appropriations in this division of this 33 Act for operational costs associated with Part D of the federal 34 Medicare Prescription Drug Improvement and Modernization Act 35 -33- SF 446 (7) 85 pf/jp/jh 33/ 118
S.F. 446 of 2003, Pub. L. No. 108-173. 1 6. Of the funds appropriated in this section, up to $442,100 2 may be transferred to the appropriation in this division 3 of this Act for medical contracts to be used for clinical 4 assessment services and prior authorization of services. 5 7. A portion of the funds appropriated in this section 6 may be transferred to the appropriations in this division of 7 this Act for general administration, medical contracts, the 8 children’s health insurance program, or field operations to be 9 used for the state match cost to comply with the payment error 10 rate measurement (PERM) program for both the medical assistance 11 and children’s health insurance programs as developed by the 12 centers for Medicare and Medicaid services of the United States 13 department of health and human services to comply with the 14 federal Improper Payments Information Act of 2002, Pub. L. No. 15 107-300. 16 8. It is the intent of the general assembly that the 17 department continue to implement the recommendations of 18 the assuring better child health and development initiative 19 II (ABCDII) clinical panel to the Iowa early and periodic 20 screening, diagnostic, and treatment services healthy mental 21 development collaborative board regarding changes to billing 22 procedures, codes, and eligible service providers. 23 9. Of the funds appropriated in this section, a sufficient 24 amount is allocated to supplement the incomes of residents of 25 nursing facilities, intermediate care facilities for persons 26 with mental illness, and intermediate care facilities for 27 persons with an intellectual disability, with incomes of less 28 than $50 in the amount necessary for the residents to receive a 29 personal needs allowance of $50 per month pursuant to section 30 249A.30A. 31 10. Of the funds appropriated in this section, the following 32 amounts shall be transferred to the appropriations made in this 33 division of this Act for the state mental health institutes: 34 a. Cherokee mental health institute . . . . . . . . . . . $ 9,098,425 35 -34- SF 446 (7) 85 pf/jp/jh 34/ 118
S.F. 446 b. Clarinda mental health institute . . . . . . . . . . . $ 1,977,305 1 c. Independence mental health institute . . . . . . . $ 9,045,894 2 d. Mount Pleasant mental health institute . . . . . $ 5,752,587 3 11. a. Of the funds appropriated in this section, 4 $7,969,074 is allocated for the state match for a 5 disproportionate share hospital payment of $19,133,430 to 6 hospitals that meet both of the conditions specified in 7 subparagraphs (1) and (2). In addition, the hospitals that 8 meet the conditions specified shall either certify public 9 expenditures or transfer to the medical assistance program 10 an amount equal to provide the nonfederal share for a 11 disproportionate share hospital payment of $7,500,000. The 12 hospitals that meet the conditions specified shall receive and 13 retain 100 percent of the total disproportionate share hospital 14 payment of $26,633,430. 15 (1) The hospital qualifies for disproportionate share and 16 graduate medical education payments. 17 (2) The hospital is an Iowa state-owned hospital with more 18 than 500 beds and eight or more distinct residency specialty 19 or subspecialty programs recognized by the American college of 20 graduate medical education. 21 b. Distribution of the disproportionate share payments 22 shall be made on a monthly basis. The total amount of 23 disproportionate share payments including graduate medical 24 education, enhanced disproportionate share, and Iowa 25 state-owned teaching hospital payments shall not exceed the 26 amount of the state’s allotment under Pub. L. No. 102-234. 27 In addition, the total amount of all disproportionate 28 share payments shall not exceed the hospital-specific 29 disproportionate share limits under Pub. L. No. 103-66. 30 12. The university of Iowa hospitals and clinics shall 31 either certify public expenditures or transfer to the 32 appropriations made in this division of this Act for medical 33 assistance an amount equal to provide the nonfederal share 34 for increased medical assistance payments for inpatient and 35 -35- SF 446 (7) 85 pf/jp/jh 35/ 118
S.F. 446 outpatient hospital services of $9,900,000. The university of 1 Iowa hospitals and clinics shall receive and retain 100 percent 2 of the total increase in medical assistance payments. 3 13. Of the funds appropriated in this section, up to 4 $11,921,225 may be transferred to the IowaCare account created 5 in section 249J.24 . 6 14. One hundred percent of the nonfederal share of payments 7 to area education agencies that are medical assistance 8 providers for medical assistance-covered services provided to 9 medical assistance-covered children, shall be made from the 10 appropriation made in this section. 11 15. Any new or renewed contract entered into by the 12 department with a third party to administer behavioral health 13 services under the medical assistance program shall provide 14 that any interest earned on payments from the state during 15 the state fiscal year shall be remitted to the department 16 and treated as recoveries to offset the costs of the medical 17 assistance program. 18 16. The department shall continue to implement the 19 provisions in 2007 Iowa Acts, chapter 218, section 124 and 20 section 126, as amended by 2008 Iowa Acts, chapter 1188, 21 section 55, relating to eligibility for certain persons with 22 disabilities under the medical assistance program in accordance 23 with the federal Family Opportunity Act. 24 17. A portion of the funds appropriated in this section 25 may be transferred to the appropriation in this division of 26 this Act for medical contracts to be used for administrative 27 activities associated with the money follows the person 28 demonstration project. 29 18. Of the funds appropriated in this section, $349,011 30 shall be used for the administration of the health insurance 31 premium payment program, including salaries, support, 32 maintenance, and miscellaneous purposes. 33 19. a. The department shall implement the following cost 34 containment strategies for the medical assistance program and 35 -36- SF 446 (7) 85 pf/jp/jh 36/ 118
S.F. 446 shall adopt emergency rules for such implementation: 1 (1) Notwithstanding any provision of law to the contrary, 2 the department shall integrate medical assistance program 3 habilitation services into the Iowa plan contract for the 4 fiscal year beginning July 1, 2013. 5 (2) The department shall require prior authorization for 6 provision of any home health services for adults in excess of 7 one hundred visits per year. 8 (3) The department shall prohibit coverage for elective, 9 nonmedically necessary cesarean sections. 10 (4) The department shall require prior authorization based 11 on specified criteria before providing reimbursement for 12 hospital swing bed placements and continued stays. 13 (5) The department shall align payment methodologies and 14 rates between medical and nonmedical transportation services 15 through the transportation brokerage provider. 16 (6) The department shall require that all fees for employee 17 records checks shall be paid by the medical assistance home and 18 community-based waiver services consumer-directed attendant 19 care or consumer choices option provider, with the exception 20 of one initial state records check per employee which shall be 21 paid by the Iowa Medicaid enterprise. 22 (7) The department shall require transition of the 23 provision by individual providers of personal care under the 24 consumer-directed attendant care option to agency-provided 25 personal care services and shall retain the consumer choice 26 option for those individuals able and desiring to self-direct 27 services. 28 (8) The department shall require that persons with an 29 intellectual disability receiving services under the medical 30 assistance program receive a functional assessment utilizing 31 the supports intensity scale tool. The department shall 32 contract with an independent entity to perform the functional 33 assessments. The department shall implement a tiered resource 34 allocation methodology for service plans under the medical 35 -37- SF 446 (7) 85 pf/jp/jh 37/ 118
S.F. 446 assistance home and community-based services waiver for persons 1 with an intellectual disability. 2 (9) The department shall develop a new reimbursement 3 methodology for medical assistance targeted case management 4 that applies appropriate cost limits. 5 (10) The department shall implement an integrated health 6 home approach under the medical assistance program for persons 7 with chronic mental illness. The approach shall integrate the 8 functions of medical assistance targeted case management. 9 (11) The department shall expand the categories of diabetic 10 supplies for which a rebate may be received. 11 (12) The department shall limit initial authorizations 12 for institutional-based care to 30 days for members following 13 discharge from a hospital if the member previously lived in a 14 community-based setting. 15 b. The department shall not implement the cost containment 16 strategy to require a primary care referral for the provision 17 of chiropractic services. 18 c. The department may increase the amounts allocated for 19 salaries, support, maintenance, and miscellaneous purposes 20 associated with the medical assistance program, as necessary, 21 to implement the cost containment strategies. The department 22 shall report any such increase to the legislative services 23 agency and the department of management. 24 d. If the savings to the medical assistance program exceed 25 the cost for the fiscal year, the department may transfer any 26 savings generated for the fiscal year due to medical assistance 27 program cost containment efforts to the appropriation 28 made in this division of this Act for medical contracts or 29 general administration to defray the increased contract costs 30 associated with implementing such efforts. 31 e. The department shall report the implementation of 32 any cost containment strategies under this subsection to 33 the individuals specified in this division of this Act for 34 submission of reports on a quarterly basis. 35 -38- SF 446 (7) 85 pf/jp/jh 38/ 118
S.F. 446 20. Of the funds appropriated in this section, $11,549,479 1 shall be used to implement reductions in the waiting lists 2 of all medical assistance home and community-based services 3 waivers. 4 21. a. Of the funds appropriated in this section, $900,000 5 shall be used to implement the children’s mental health 6 home project proposed by the department of human services 7 and reported to the general assembly’s mental health and 8 disability services study committee in December 2011. Of this 9 amount, up to $50,000 may be transferred by the department to 10 the appropriation made in this division of this Act to the 11 department for the same fiscal year for general administration 12 to be used for associated administrative expenses and for not 13 more than one full-time equivalent position, in addition to 14 those authorized for the same fiscal year, to be assigned to 15 implementing the project. 16 b. Of the funds appropriated in this section, up to $400,000 17 may be transferred by the department to the appropriation 18 made to the department in this division of this Act for 19 the same fiscal year for general administration to support 20 the redesign of mental health and disability services and 21 the state balancing incentive payments program planning and 22 implementation activities. The funds may be used for contracts 23 or for personnel in addition to the amounts appropriated for 24 and the positions authorized for general administration for the 25 same fiscal year. 26 c. Of the funds appropriated in this section, up to 27 $3,000,000 may be transferred by the department to the 28 appropriations made to the department in this division of 29 this Act for the same fiscal year for general administration 30 or medical contracts to be used to support the development 31 and implementation of standardized assessment tools for 32 persons with mental illness, an intellectual disability, a 33 developmental disability, or a brain injury. 34 d. For the fiscal year beginning July 1, 2013, and ending 35 -39- SF 446 (7) 85 pf/jp/jh 39/ 118
S.F. 446 June 30, 2014, the replacement generation tax revenues required 1 to be deposited in the property tax relief fund pursuant to 2 section 437A.8, subsection 4, paragraph “d”, and section 3 437A.15, subsection 3, paragraph “f”, shall instead be credited 4 to and supplement the appropriation made in this section and 5 used for the allocations made in this subsection. 6 22. Of the funds appropriated in this section, $250,000 7 shall be used for lodging expenses associated with care 8 provided at the university of Iowa hospitals and clinics 9 under chapter 249J for patients with cancer whose travel 10 distance is 30 miles or more from the university of Iowa 11 hospitals and clinics. The department of human services 12 shall establish the maximum number of overnight stays and the 13 maximum rate reimbursed for overnight lodging, which may be 14 based on the state employee rate established by the department 15 of administrative services. The funds allocated in this 16 subsection shall not be used as nonfederal share matching 17 funds. 18 23. The department shall continue to administer the state 19 balancing incentive payments program as specified in 2012 Iowa 20 Acts, chapter 1133, section 14. 21 Sec. 12. MEDICAL CONTRACTS. There is appropriated from the 22 general fund of the state to the department of human services 23 for the fiscal year beginning July 1, 2013, and ending June 30, 24 2014, the following amount, or so much thereof as is necessary, 25 to be used for the purpose designated: 26 For medical contracts: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,225,569 28 1. The department of inspections and appeals shall 29 provide all state matching funds for survey and certification 30 activities performed by the department of inspections 31 and appeals. The department of human services is solely 32 responsible for distributing the federal matching funds for 33 such activities. 34 2. Of the funds appropriated in this section, $50,000 shall 35 -40- SF 446 (7) 85 pf/jp/jh 40/ 118
S.F. 446 be used for continuation of home and community-based services 1 waiver quality assurance programs, including the review and 2 streamlining of processes and policies related to oversight and 3 quality management to meet state and federal requirements. 4 3. Of the amount appropriated in this section, up to 5 $200,000 may be transferred to the appropriation for general 6 administration in this division of this Act to be used for 7 additional full-time equivalent positions in the development of 8 key health initiatives such as cost containment, development 9 and oversight of managed care programs, and development of 10 health strategies targeted toward improved quality and reduced 11 costs in the Medicaid program. 12 4. Of the funds appropriated in this section, $64,398 shall 13 be used for provision of the IowaCare program nurse helpline 14 for the expansion population as provided in section 249J.6. 15 5. Of the funds appropriated in this section, $80,000 shall 16 be used for costs related to audits, performance evaluations, 17 and studies required pursuant to chapter 249J. 18 6. Of the funds appropriated in this section, $194,654 shall 19 be used for administrative costs associated with chapter 249J. 20 7. Of the funds appropriated in this section, $1,000,000 21 shall be used for planning and development, in cooperation with 22 the department of public health, of a phased-in program to 23 provide a dental home for children in accordance with section 24 249J.14. 25 8. Of the funds appropriated in this section, $270,000 shall 26 be used for payment to the publicly owned acute care teaching 27 hospital located in a county with a population of over 350,000 28 that is a participating provider pursuant to chapter 249J. 29 Disbursements under this subsection shall be made monthly. 30 The hospital shall submit a report following the close of 31 the fiscal year regarding use of the funds allocated in this 32 subsection to the persons specified in this Act to receive 33 reports. 34 9. Of the funds appropriated in this section, $100,000 shall 35 -41- SF 446 (7) 85 pf/jp/jh 41/ 118
S.F. 446 be used for continuation of an accountable care organization 1 pilot project. 2 10. Of the funds appropriated in this section, $75,000 shall 3 be used for continued implementation of a uniform cost report. 4 11. Of the funds appropriated in this section, $3,300,000 5 shall be used for the autism support program created in chapter 6 225D, as enacted in this Act. 7 12. Of the funds appropriated in this section, $534,000 8 shall be used for administration of the state innovation models 9 initiative grant from the federal government to support the 10 development and testing of a state-based model for multi-payer 11 payment and health care delivery system transformation to 12 improve health system performance resulting in improved health, 13 improved health care, and lower costs. 14 Sec. 13. STATE SUPPLEMENTARY ASSISTANCE. 15 1. There is appropriated from the general fund of the 16 state to the department of human services for the fiscal year 17 beginning July 1, 2013, and ending June 30, 2014, the following 18 amount, or so much thereof as is necessary, to be used for the 19 purpose designated: 20 For the state supplementary assistance program: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,512,174 22 2. The department shall increase the personal needs 23 allowance for residents of residential care facilities by the 24 same percentage and at the same time as federal supplemental 25 security income and federal social security benefits are 26 increased due to a recognized increase in the cost of living. 27 The department may adopt emergency rules to implement this 28 subsection. 29 3. If during the fiscal year beginning July 1, 2013, 30 the department projects that state supplementary assistance 31 expenditures for a calendar year will not meet the federal 32 pass-through requirement specified in Tit. XVI of the federal 33 Social Security Act, section 1618, as codified in 42 U.S.C. 34 § 1382g, the department may take actions including but not 35 -42- SF 446 (7) 85 pf/jp/jh 42/ 118
S.F. 446 limited to increasing the personal needs allowance for 1 residential care facility residents and making programmatic 2 adjustments or upward adjustments of the residential care 3 facility or in-home health-related care reimbursement rates 4 prescribed in this division of this Act to ensure that federal 5 requirements are met. In addition, the department may make 6 other programmatic and rate adjustments necessary to remain 7 within the amount appropriated in this section while ensuring 8 compliance with federal requirements. The department may adopt 9 emergency rules to implement the provisions of this subsection. 10 Sec. 14. 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, 2013, and ending June 30, 2014, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,806,102 22 2. Of the funds appropriated in this section, $141,450 is 23 allocated for continuation of the contract for outreach with 24 the department of public health. 25 Sec. 15. CHILD CARE ASSISTANCE. There is appropriated 26 from the general fund of the state to the department of human 27 services for the fiscal year beginning July 1, 2013, and ending 28 June 30, 2014, the following amount, or so much thereof as is 29 necessary, to be used for the purpose designated: 30 For child care programs: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,282,163 32 1. Of the funds appropriated in this section, $68,248,353 33 shall be used for state child care assistance in accordance 34 with section 237A.13 . 35 -43- SF 446 (7) 85 pf/jp/jh 43/ 118
S.F. 446 2. Nothing in this section shall be construed or is 1 intended as or shall imply a grant of entitlement for services 2 to persons who are eligible for assistance due to an income 3 level consistent with the waiting list requirements of section 4 237A.13 . Any state obligation to provide services pursuant to 5 this section is limited to the extent of the funds appropriated 6 in this section. 7 3. Of the funds appropriated in this section, $432,453 is 8 allocated for the statewide program for child care resource 9 and referral services under section 237A.26 . A list of the 10 registered and licensed child care facilities operating in the 11 area served by a child care resource and referral service shall 12 be made available to the families receiving state child care 13 assistance in that area. 14 4. Of the funds appropriated in this section, $936,974 15 is allocated for child care quality improvement initiatives 16 including but not limited to the voluntary quality rating 17 system in accordance with section 237A.30 . 18 5. Of the funds appropriated in this section, $135,178 shall 19 be used to conduct fingerprint-based national criminal history 20 record checks of home-based child care providers pursuant 21 to section 237A.5, subsection 2, through the United States 22 department of justice, federal bureau of investigation. 23 6. Of the amount appropriated in this section, up to 24 $25,000 shall be used to implement a searchable internet-based 25 application as part of the consumer information made available 26 under section 237A.25. The application shall provide a listing 27 of the child care providers in this state that have received 28 a rating under the quality rating system implemented pursuant 29 to section 237A.30 and information on whether a provider 30 specializes in child care for infants, school-age children, 31 children with special needs, or other populations or provides 32 any other specialized services to support family needs. 33 7. Of the amount appropriated in this section, up to $75,000 34 shall be used by the department to conduct an independent 35 -44- SF 446 (7) 85 pf/jp/jh 44/ 118
S.F. 446 evaluation of Iowa’s child care quality rating system. The 1 evaluation shall address the system’s strengths and weaknesses, 2 and shall provide recommendations for change. The department 3 shall submit a final report on or before December 16, 2013, to 4 the governor and general assembly concerning the evaluation. 5 The evaluation shall also include but is not limited to all of 6 the following: 7 a. An assessment of the validity of the system’s key 8 underlying concepts. 9 b. An assessment of the techniques utilized and 10 psychometric properties of the measures used in the system to 11 assess quality. 12 c. An analysis of the outputs quantified by the rating 13 process. 14 d. An analysis of the relationship between the ratings 15 utilized and child outcomes realized. 16 8. The department shall change the standard period for 17 redetermining the eligibility of a state child care assistance 18 program participant to 12 months and increase the income 19 eligibility for employed families under the program to 148 20 percent of the federal poverty level, in accordance with the 21 amendments in this Act to section 237A.13. 22 9. 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 -45- SF 446 (7) 85 pf/jp/jh 45/ 118
S.F. 446 or innovation projects. 1 10. 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 11. 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 12. Notwithstanding section 8.33 , moneys advanced for 27 purposes of the programs developed by early childhood Iowa 28 areas, advanced for purposes of wraparound child care, or 29 received from the federal appropriations made for the purposes 30 of this section that remain unencumbered or unobligated at the 31 close of the fiscal year shall not revert to any fund but shall 32 remain available for expenditure for the purposes designated 33 until the close of the succeeding fiscal year. 34 Sec. 16. JUVENILE INSTITUTIONS. There is appropriated 35 -46- SF 446 (7) 85 pf/jp/jh 46/ 118
S.F. 446 from the general fund of the state to the department of human 1 services for the fiscal year beginning July 1, 2013, and ending 2 June 30, 2014, the following amounts, or so much thereof as is 3 necessary, to be used for the purposes designated: 4 1. For operation of the Iowa juvenile home at Toledo and for 5 salaries, support, maintenance, and miscellaneous purposes, and 6 for not more than the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,859,355 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 114.00 9 2. For operation of the state training school at Eldora and 10 for salaries, support, maintenance, and miscellaneous purposes, 11 and for not more than the following full-time equivalent 12 positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,256,969 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 164.30 15 Of the funds appropriated in this subsection, $91,150 shall 16 be used for distribution to licensed classroom teachers at this 17 and other institutions under the control of the department of 18 human services based upon the average student yearly enrollment 19 at each institution as determined by the department. 20 3. A portion of the moneys appropriated in this section 21 shall be used by the state training school and by the Iowa 22 juvenile home for grants for adolescent pregnancy prevention 23 activities at the institutions in the fiscal year beginning 24 July 1, 2013. 25 Sec. 17. CHILD AND FAMILY SERVICES. 26 1. There is appropriated from the general fund of the 27 state to the department of human services for the fiscal year 28 beginning July 1, 2013, and ending June 30, 2014, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purpose designated: 31 For child and family services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 96,613,770 33 2. Up to $5,200,000 of the amount of federal temporary 34 assistance for needy families block grant funding appropriated 35 -47- SF 446 (7) 85 pf/jp/jh 47/ 118
S.F. 446 in this division of this Act for child and family services 1 shall be made available for purposes of juvenile delinquent 2 graduated sanction services. 3 3. The department may transfer funds appropriated in this 4 section as necessary to pay the nonfederal costs of services 5 reimbursed under the medical assistance program, state child 6 care assistance program, or the family investment program which 7 are provided to children who would otherwise receive services 8 paid under the appropriation in this section. The department 9 may transfer funds appropriated in this section to the 10 appropriations made in this division of this Act for general 11 administration and for field operations for resources necessary 12 to implement and operate the services funded in this section. 13 4. a. Of the funds appropriated in this section, up to 14 $36,012,098 is allocated as the statewide expenditure target 15 under section 232.143 for group foster care maintenance and 16 services. If the department projects that such expenditures 17 for the fiscal year will be less than the target amount 18 allocated in this lettered paragraph, the department may 19 reallocate the excess to provide additional funding for shelter 20 care or the child welfare emergency services addressed with the 21 allocation for shelter care. 22 b. If at any time after September 30, 2013, annualization 23 of a service area’s current expenditures indicates a service 24 area is at risk of exceeding its group foster care expenditure 25 target under section 232.143 by more than 5 percent, the 26 department and juvenile court services shall examine all 27 group foster care placements in that service area in order to 28 identify those which might be appropriate for termination. 29 In addition, any aftercare services believed to be needed 30 for the children whose placements may be terminated shall be 31 identified. The department and juvenile court services shall 32 initiate action to set dispositional review hearings for the 33 placements identified. In such a dispositional review hearing, 34 the juvenile court shall determine whether needed aftercare 35 -48- SF 446 (7) 85 pf/jp/jh 48/ 118
S.F. 446 services are available and whether termination of the placement 1 is in the best interest of the child and the community. 2 5. In accordance with the provisions of section 232.188 , 3 the department shall continue the child welfare and juvenile 4 justice funding initiative during fiscal year 2013-2014. Of 5 the funds appropriated in this section, $1,717,753 is allocated 6 specifically for expenditure for fiscal year 2013-2014 through 7 the decategorization service funding pools and governance 8 boards established pursuant to section 232.188 . 9 6. A portion of the funds appropriated in this section 10 may be used for emergency family assistance to provide other 11 resources required for a family participating in a family 12 preservation or reunification project or successor project to 13 stay together or to be reunified. 14 7. Notwithstanding section 234.35 or any other provision 15 of law to the contrary, state funding for shelter care and 16 the child welfare emergency services contracting implemented 17 to provide for or prevent the need for shelter care shall be 18 limited to $7,616,048. 19 8. Federal funds received by the state during the fiscal 20 year beginning July 1, 2013, as the result of the expenditure 21 of state funds appropriated during a previous state fiscal 22 year for a service or activity funded under this section are 23 appropriated to the department to be used as additional funding 24 for services and purposes provided for under this section. 25 Notwithstanding section 8.33 , moneys received in accordance 26 with this subsection that remain unencumbered or unobligated at 27 the close of the fiscal year shall not revert to any fund but 28 shall remain available for the purposes designated until the 29 close of the succeeding fiscal year. 30 9. a. Of the funds appropriated in this section, up to 31 $3,290,000 is allocated for the payment of the expenses of 32 court-ordered services provided to juveniles who are under the 33 supervision of juvenile court services, which expenses are a 34 charge upon the state pursuant to section 232.141, subsection 35 -49- SF 446 (7) 85 pf/jp/jh 49/ 118
S.F. 446 4 . Of the amount allocated in this lettered paragraph, up to 1 $1,556,287 shall be made available to provide school-based 2 supervision of children adjudicated under chapter 232 , of which 3 not more than $15,000 may be used for the purpose of training. 4 A portion of the cost of each school-based liaison officer 5 shall be paid by the school district or other funding source as 6 approved by the chief juvenile court officer. 7 b. Of the funds appropriated in this section, up to $748,985 8 is allocated for the payment of the expenses of court-ordered 9 services provided to children who are under the supervision 10 of the department, which expenses are a charge upon the state 11 pursuant to section 232.141, subsection 4 . 12 c. Notwithstanding section 232.141 or any other provision 13 of law to the contrary, the amounts allocated in this 14 subsection shall be distributed to the judicial districts 15 as determined by the state court administrator and to the 16 department’s service areas as determined by the administrator 17 of the department’s division of child and family services. The 18 state court administrator and the division administrator shall 19 make the determination of the distribution amounts on or before 20 June 15, 2013. 21 d. Notwithstanding chapter 232 or any other provision of 22 law to the contrary, a district or juvenile court shall not 23 order any service which is a charge upon the state pursuant 24 to section 232.141 if there are insufficient court-ordered 25 services funds available in the district court or departmental 26 service area distribution amounts to pay for the service. The 27 chief juvenile court officer and the departmental service area 28 manager shall encourage use of the funds allocated in this 29 subsection such that there are sufficient funds to pay for 30 all court-related services during the entire year. The chief 31 juvenile court officers and departmental service area managers 32 shall attempt to anticipate potential surpluses and shortfalls 33 in the distribution amounts and shall cooperatively request the 34 state court administrator or division administrator to transfer 35 -50- SF 446 (7) 85 pf/jp/jh 50/ 118
S.F. 446 funds between the judicial districts’ or departmental service 1 areas’ distribution amounts as prudent. 2 e. Notwithstanding any provision of law to the contrary, 3 a district or juvenile court shall not order a county to pay 4 for any service provided to a juvenile pursuant to an order 5 entered under chapter 232 which is a charge upon the state 6 under section 232.141, subsection 4 . 7 f. Of the funds allocated in this subsection, not more than 8 $83,000 may be used by the judicial branch for administration 9 of the requirements under this subsection. 10 g. Of the funds allocated in this subsection, $17,000 11 shall be used by the department of human services to support 12 the interstate commission for juveniles in accordance with 13 the interstate compact for juveniles as provided in section 14 232.173 . 15 10. Of the funds appropriated in this section, $9,053,226 is 16 allocated for juvenile delinquent graduated sanctions services. 17 Any state funds saved as a result of efforts by juvenile court 18 services to earn federal Tit. IV-E match for juvenile court 19 services administration may be used for the juvenile delinquent 20 graduated sanctions services. 21 11. Of the funds appropriated in this section, $1,933,285 22 shall be transferred to the department of public health to be 23 used for equalization and renewal of the grants under the child 24 protection center grant program in accordance with section 25 135.118 . Of the amount allocated in this subsection, $245,000 26 shall be used for a center in the Black Hawk county area. 27 12. If the department receives federal approval to 28 implement a waiver under Tit. IV-E of the federal Social 29 Security Act to enable providers to serve children who remain 30 in the children’s families and communities, for purposes of 31 eligibility under the medical assistance program, children who 32 participate in the waiver shall be considered to be placed in 33 foster care. 34 13. Of the funds appropriated in this section, $3,256,980 is 35 -51- SF 446 (7) 85 pf/jp/jh 51/ 118
S.F. 446 allocated for the preparation for adult living program pursuant 1 to section 234.46 . 2 14. Of the funds appropriated in this section, $1,000,000 3 shall be used for juvenile drug courts. The amount allocated 4 in this subsection shall be distributed as follows: 5 To the judicial branch for salaries to assist with the 6 operation of juvenile drug court programs operated in the 7 following jurisdictions: 8 a. Marshall county: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,540 10 b. Woodbury county: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 258,804 12 c. Polk county: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 430,843 14 d. The third judicial district: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 111,274 16 e. The eighth judicial district: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 99,539 18 15. Of the funds appropriated in this section, $227,337 19 shall be used for the public purpose of continuing a grant to 20 a nonprofit human services organization providing services to 21 individuals and families in multiple locations in southwest 22 Iowa and Nebraska for support of a project providing immediate, 23 sensitive support and forensic interviews, medical exams, needs 24 assessments, and referrals for victims of child abuse and their 25 nonoffending family members. 26 16. Of the funds appropriated in this section, $200,590 27 is allocated for the foster care youth council approach of 28 providing a support network to children placed in foster care. 29 17. Of the funds appropriated in this section, $202,000 is 30 allocated for use pursuant to section 235A.1 for continuation 31 of the initiative to address child sexual abuse implemented 32 pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection 33 21. 34 18. Of the funds appropriated in this section, $630,240 is 35 -52- SF 446 (7) 85 pf/jp/jh 52/ 118
S.F. 446 allocated for the community partnership for child protection 1 sites. 2 19. Of the funds appropriated in this section, $371,250 3 is allocated for the department’s minority youth and family 4 projects under the redesign of the child welfare system. 5 20. Of the funds appropriated in this section, $1,436,595 6 is allocated for funding of the community circle of care 7 collaboration for children and youth in northeast Iowa. 8 21. Of the funds appropriated in this section, at least 9 $147,158 shall be used for the child welfare training academy. 10 22. Of the funds appropriated in this section, $25,000 11 shall be used for the public purpose of continuation of a 12 grant to a child welfare services provider headquartered in a 13 county with a population between 205,000 and 215,000 in the 14 latest certified federal census that provides multiple services 15 including but not limited to a psychiatric medical institution 16 for children, shelter, residential treatment, after school 17 programs, school-based programming, and an Asperger’s syndrome 18 program, to be used for support services for children with 19 autism spectrum disorder and their families. 20 23. Of the funds appropriated in this section, $25,000 21 shall be used for the public purpose of continuing a grant to 22 a hospital-based provider headquartered in a county with a 23 population between 90,000 and 95,000 in the latest certified 24 federal census that provides multiple services including 25 but not limited to diagnostic, therapeutic, and behavioral 26 services to individuals with autism spectrum disorder across 27 the lifespan. The grant recipient shall utilize the funds 28 to continue the pilot project to determine the necessary 29 support services for children with autism spectrum disorder and 30 their families to be included in the children’s disabilities 31 services system. The grant recipient shall submit findings and 32 recommendations based upon the results of the pilot project 33 to the individuals specified in this division of this Act for 34 submission of reports by December 31, 2013. 35 -53- SF 446 (7) 85 pf/jp/jh 53/ 118
S.F. 446 24. Of the funds appropriated in this section, $327,947 1 shall be used for continuation of the central Iowa system of 2 care program grant through June 30, 2014. 3 25. Of the funds appropriated in this section, $160,000 4 shall be used for the public purpose of the continuation of 5 a system of care grant implemented in Cerro Gordo and Linn 6 counties. 7 26. Of the funds appropriated in this section, at least 8 $25,000 shall be used to continue and to expand the foster 9 care respite pilot program in which postsecondary students in 10 social work and other human services-related programs receive 11 experience by assisting family foster care providers with 12 respite and other support. 13 27. Of the funds appropriated in this section, up to $25,000 14 shall be used to implement a children’s cabinet under the 15 department of human services, if enacted by 2013 Iowa Acts, 16 Senate File 440 or 2013 successor legislation. 17 Sec. 18. ADOPTION SUBSIDY. 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, 2013, and ending June 30, 2014, the following 21 amount, or so much thereof as is necessary, to be used for the 22 purpose designated: 23 For adoption subsidy payments and services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,644,083 25 2. The department may transfer funds appropriated in 26 this section to the appropriation made in this division of 27 this Act for general administration for costs paid from the 28 appropriation relating to adoption subsidy. 29 3. Federal funds received by the state during the 30 fiscal year beginning July 1, 2013, 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 -54- SF 446 (7) 85 pf/jp/jh 54/ 118
S.F. 446 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. 19. JUVENILE DETENTION HOME FUND. Moneys deposited 6 in the juvenile detention home fund created in section 232.142 7 during the fiscal year beginning July 1, 2013, and ending June 8 30, 2014, are appropriated to the department of human services 9 for the fiscal year beginning July 1, 2013, and ending June 30, 10 2014, for distribution of an amount equal to a percentage of 11 the costs of the establishment, improvement, operation, and 12 maintenance of county or multicounty juvenile detention homes 13 in the fiscal year beginning July 1, 2012. Moneys appropriated 14 for distribution in accordance with this section shall be 15 allocated among eligible detention homes, prorated on the basis 16 of an eligible detention home’s proportion of the costs of all 17 eligible detention homes in the fiscal year beginning July 18 1, 2012. The percentage figure shall be determined by the 19 department based on the amount available for distribution for 20 the fund. Notwithstanding section 232.142, subsection 3 , the 21 financial aid payable by the state under that provision for the 22 fiscal year beginning July 1, 2013, shall be limited to the 23 amount appropriated for the purposes of this section. 24 Sec. 20. FAMILY SUPPORT SUBSIDY PROGRAM. 25 1. There is appropriated from the general fund of the 26 state to the department of human services for the fiscal year 27 beginning July 1, 2013, and ending June 30, 2014, the following 28 amount, or so much thereof as is necessary, to be used for the 29 purpose designated: 30 For the family support subsidy program subject to the 31 enrollment restrictions in section 225C.37, subsection 3 : 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,092,955 33 2. The department shall use at least $483,500 of the moneys 34 appropriated in this section for the family support center 35 -55- SF 446 (7) 85 pf/jp/jh 55/ 118
S.F. 446 component of the comprehensive family support program under 1 section 225C.47 . Not more than $25,000 of the amount allocated 2 in this subsection shall be used for administrative costs. 3 3. If at any time during the fiscal year, the amount of 4 funding available for the family support subsidy program 5 is reduced from the amount initially used to establish the 6 figure for the number of family members for whom a subsidy 7 is to be provided at any one time during the fiscal year, 8 notwithstanding section 225C.38, subsection 2 , the department 9 shall revise the figure as necessary to conform to the amount 10 of funding available. 11 Sec. 21. CONNER DECREE. There is appropriated from the 12 general fund of the state to the department of human services 13 for the fiscal year beginning July 1, 2013, and ending June 30, 14 2014, the following amount, or so much thereof as is necessary, 15 to be used for the purpose designated: 16 For building community capacity through the coordination 17 and provision of training opportunities in accordance with the 18 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 19 Iowa, July 14, 1994): 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,622 21 Sec. 22. MENTAL HEALTH INSTITUTES. There is appropriated 22 from the general fund of the state to the department of human 23 services for the fiscal year beginning July 1, 2013, and ending 24 June 30, 2014, the following amounts, or so much thereof as is 25 necessary, to be used for the purposes designated: 26 1. For the state mental health institute at Cherokee for 27 salaries, support, maintenance, and miscellaneous purposes, and 28 for not more than the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,954,464 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 169.20 31 2. For the state mental health institute at Clarinda for 32 salaries, support, maintenance, and miscellaneous purposes, and 33 for not more than the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,751,868 35 -56- SF 446 (7) 85 pf/jp/jh 56/ 118
S.F. 446 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 86.10 1 3. For the state mental health institute at Independence for 2 salaries, support, maintenance, and miscellaneous purposes, and 3 for not more than the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,318,778 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 6 4. For the state mental health institute at Mount Pleasant 7 for salaries, support, maintenance, and miscellaneous purposes, 8 and for not more than the following full-time equivalent 9 positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,366,686 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 97.92 12 Sec. 23. STATE RESOURCE CENTERS. 13 1. There is appropriated from the general fund of the 14 state to the department of human services for the fiscal year 15 beginning July 1, 2013, and ending June 30, 2014, the following 16 amounts, or so much thereof as is necessary, to be used for the 17 purposes designated: 18 a. For the state resource center at Glenwood for salaries, 19 support, maintenance, and miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,502,425 21 b. For the state resource center at Woodward for salaries, 22 support, maintenance, and miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,631,359 24 2. The department may continue to bill for state resource 25 center services utilizing a scope of services approach used for 26 private providers of ICFID services, in a manner which does not 27 shift costs between the medical assistance program, counties, 28 or other sources of funding for the state resource centers. 29 3. The state resource centers may expand the time-limited 30 assessment and respite services during the fiscal year. 31 4. If the department’s administration and the department 32 of management concur with a finding by a state resource 33 center’s superintendent that projected revenues can reasonably 34 be expected to pay the salary and support costs for a new 35 -57- SF 446 (7) 85 pf/jp/jh 57/ 118
S.F. 446 employee position, or that such costs for adding a particular 1 number of new positions for the fiscal year would be less 2 than the overtime costs if new positions would not be added, 3 the superintendent may add the new position or positions. If 4 the vacant positions available to a resource center do not 5 include the position classification desired to be filled, the 6 state resource center’s superintendent may reclassify any 7 vacant position as necessary to fill the desired position. The 8 superintendents of the state resource centers may, by mutual 9 agreement, pool vacant positions and position classifications 10 during the course of the fiscal year in order to assist one 11 another in filling necessary positions. 12 5. If existing capacity limitations are reached in 13 operating units, a waiting list is in effect for a service or 14 a special need for which a payment source or other funding 15 is available for the service or to address the special need, 16 and facilities for the service or to address the special need 17 can be provided within the available payment source or other 18 funding, the superintendent of a state resource center may 19 authorize opening not more than two units or other facilities 20 and begin implementing the service or addressing the special 21 need during fiscal year 2013-2014. 22 Sec. 24. SEXUALLY VIOLENT PREDATORS. 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, 2013, and ending June 30, 2014, the following 26 amount, or so much thereof as is necessary, to be used for the 27 purpose designated: 28 For costs associated with the commitment and treatment of 29 sexually violent predators in the unit located at the state 30 mental health institute at Cherokee, including costs of legal 31 services and other associated costs, including salaries, 32 support, maintenance, and miscellaneous purposes, and for not 33 more than the following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,142,979 35 -58- SF 446 (7) 85 pf/jp/jh 58/ 118
S.F. 446 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 124.50 1 2. Unless specifically prohibited by law, if the amount 2 charged provides for recoupment of at least the entire amount 3 of direct and indirect costs, the department of human services 4 may contract with other states to provide care and treatment 5 of persons placed by the other states at the unit for sexually 6 violent predators at Cherokee. The moneys received under 7 such a contract shall be considered to be repayment receipts 8 and used for the purposes of the appropriation made in this 9 section. 10 Sec. 25. FIELD OPERATIONS. There is appropriated from the 11 general fund of the state to the department of human services 12 for the fiscal year beginning July 1, 2013, and ending June 30, 13 2014, the following amount, or so much thereof as is necessary, 14 to be used for the purposes designated: 15 For field operations, including salaries, support, 16 maintenance, and miscellaneous purposes, and for not more than 17 the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67,008,683 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,837.00 20 1. As a condition of this appropriation, the department 21 shall make every possible effort to fill the entire number of 22 positions authorized by this section and, unless specifically 23 provided otherwise by an applicable collective bargaining 24 agreement, the department is not subject to any approval 25 requirement external to the department to fill a field 26 operations vacancy within the number of full-time equivalent 27 positions authorized by this section. The department shall 28 report on the first of each month to the chairpersons and 29 ranking members of the appropriations committees of the senate 30 and house of representatives, and the persons designated by 31 this Act for submission of reports concerning the status of 32 filling the positions. 33 2. Priority in filling full-time equivalent positions 34 shall be given to those positions related to child protection 35 -59- SF 446 (7) 85 pf/jp/jh 59/ 118
S.F. 446 services and eligibility determination for low-income families. 1 Sec. 26. GENERAL ADMINISTRATION. There is appropriated 2 from the general fund of the state to the department of human 3 services for the fiscal year beginning July 1, 2013, and ending 4 June 30, 2014, the following amount, or so much thereof as is 5 necessary, to be used for the purpose designated: 6 For general administration, including salaries, support, 7 maintenance, and miscellaneous purposes, and for not more than 8 the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,231,171 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 309.00 11 1. Of the funds appropriated in this section, $63,543 12 allocated for the prevention of disabilities policy council 13 established in section 225B.3 . Of the amount allocated 14 in this subsection, $25,000 shall be passed through to the 15 council for the costs involved with holding a summit meeting 16 of the multiple entities providing services to persons with 17 disabilities. The focus of the summit meeting shall be to 18 review existing disability prevention activities in order to 19 identify cost effective public policy options for reaching 20 the greatest number of children and adults in order to 21 eliminate the risk of disabilities. The review shall also 22 address options for health care services available to youth 23 transitioning to the adult system of health care. 24 2. The department shall report at least monthly to the 25 legislative services agency concerning the department’s 26 operational and program expenditures. 27 3. Of the funds appropriated in this section, $132,300 shall 28 be used to continue the contract for the provision of a program 29 to provide technical assistance, support, and consultation to 30 providers of habilitation services and home and community-based 31 services waiver services for adults with disabilities under the 32 medical assistance program. 33 4. Of the funds appropriated in this section, $176,400 shall 34 be used to continue the contract to expand the provision of 35 -60- SF 446 (7) 85 pf/jp/jh 60/ 118
S.F. 446 nationally accredited and recognized internet-based training to 1 include mental health and disability services providers. 2 5. Of the funds appropriated in this section, $50,000 3 shall be transferred to the Iowa finance authority to be used 4 for administrative support of the council on homelessness 5 established in section 16.100A and for the council to fulfill 6 its duties in addressing and reducing homelessness in the 7 state. 8 Sec. 27. VOLUNTEERS. There is appropriated from the general 9 fund of the state to the department of human services for the 10 fiscal year beginning July 1, 2013, and ending June 30, 2014, 11 the following amount, or so much thereof as is necessary, to be 12 used for the purpose designated: 13 For development and coordination of volunteer services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 84,660 15 Sec. 28. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 16 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE 17 DEPARTMENT OF HUMAN SERVICES. 18 1. a. (1) For the fiscal year beginning July 1, 2013, 19 the total state funding amount for the nursing facility budget 20 shall not exceed $271,712,511. 21 (2) For the fiscal year beginning July 1, 2013, the 22 department shall rebase case-mix nursing facility rates 23 effective July 1, 2013. However, total nursing facility budget 24 expenditures, including both case-mix and noncase-mix, shall 25 not exceed the amount specified in subparagraph (1). When 26 calculating case-mix per diem cost and the patient-day-weighted 27 medians used in rate-setting for nursing facilities effective 28 July 1, 2013, the inflation factor applied from the midpoint 29 of the cost report period to the first day of the state fiscal 30 year rate period shall be adjusted to maintain state funding 31 within the amount specified in subparagraph (1). 32 (3) The department, in cooperation with nursing facility 33 representatives, shall review projections for state funding 34 expenditures for reimbursement of nursing facilities on a 35 -61- SF 446 (7) 85 pf/jp/jh 61/ 118
S.F. 446 quarterly basis and the department shall determine if an 1 adjustment to the medical assistance reimbursement rate is 2 necessary in order to provide reimbursement within the state 3 funding amount for the fiscal year. Notwithstanding 2001 4 Iowa Acts, chapter 192, section 4, subsection 2, paragraph 5 “c”, and subsection 3, paragraph “a”, subparagraph (2), 6 if the state funding expenditures for the nursing facility 7 budget for the fiscal year is projected to exceed the amount 8 specified in subparagraph (1), the department shall adjust 9 the reimbursement for nursing facilities reimbursed under the 10 case-mix reimbursement system to maintain expenditures of the 11 nursing facility budget within the specified amount for the 12 fiscal year. 13 (4) For the fiscal year beginning July 1, 2013, special 14 population nursing facilities shall be reimbursed in accordance 15 with the methodology in effect on June 30, 2013. 16 b. (1) For the fiscal year beginning July 1, 2013, 17 the department shall establish the pharmacy dispensing fee 18 reimbursement at $10.02 per prescription. Any subsequent 19 actual dispensing fee shall be established within the range 20 determined by a cost of dispensing survey performed by 21 the department and required to be completed by all medical 22 assistance program participating pharmacies every two years 23 beginning in FY 2014-2015. 24 (2) The department shall utilize an average acquisition 25 cost reimbursement methodology for pharmacy ingredient cost 26 reimbursement of all drugs covered under the medical assistance 27 program in accordance with 2012 Iowa Acts, chapter 1133, 28 section 33. 29 c. (1) For the fiscal year beginning July 1, 2013, 30 reimbursement rates for outpatient hospital services shall be 31 increased 1.5 percent over the rates in effect on June 30, 32 2013, subject to Medicaid program upper payment limit rules. 33 (2) For the fiscal year beginning July 1, 2013, 34 reimbursement rates for inpatient hospital services shall by 35 -62- SF 446 (7) 85 pf/jp/jh 62/ 118
S.F. 446 increased by 1.5 percent over the rates in effect on June 30, 1 2013, subject to Medicaid program upper payment limit rules. 2 (3) For the fiscal year beginning July 1, 2013, the graduate 3 medical education and disproportionate share hospital fund 4 shall be increased by 1.5 percent over the amount in effect on 5 June 30, 2013, except that the portion of the fund attributable 6 to graduate medical education shall be reduced in an amount 7 that reflects the elimination of graduate medical education 8 payments made to out-of-state hospitals. 9 (4) In order to ensure the efficient use of limited state 10 funds in procuring health care services for low-income Iowans, 11 funds appropriated in this Act for hospital services shall 12 not be used for activities which would be excluded from a 13 determination of reasonable costs under the federal Medicare 14 program pursuant to 42 U.S.C. § 1395X(v)(1)(N). 15 d. For the fiscal year beginning July 1, 2013, reimbursement 16 rates for rural health clinics, hospices, and acute mental 17 hospitals shall be increased in accordance with increases under 18 the federal Medicare program or as supported by their Medicare 19 audited costs. 20 e. For the fiscal year beginning July 1, 2013, independent 21 laboratories shall be reimbursed using the same methodology in 22 effect on June 30, 2013, and reimbursement for rehabilitation 23 agencies shall be increased by 1.5 percent over the rates in 24 effect on June 30, 2013. 25 f. (1) For the fiscal year beginning July 1, 2013, rates 26 for home health services shall be reimbursed based on the 27 Medicare low utilization payment amount (LUPA) methodology 28 with state geographic wage adjustments. The Medicare LUPA 29 per-visit rates in effect on July 1, 2013, shall be utilized 30 as the basis for establishing the initial reimbursement 31 schedule. The department shall update the rates every two 32 years to reflect the most recent Medicare LUPA rates. For the 33 fiscal year beginning July 1, 2013, the department shall adjust 34 the reimbursement rate as calculated under this paragraph to 35 -63- SF 446 (7) 85 pf/jp/jh 63/ 118
S.F. 446 reflect the most recent Medicare LUPA rates for home health 1 services, not to exceed an additional $2,765,655. 2 (2) For the fiscal year beginning July 1, 2013, rates for 3 private duty nursing and personal care services under the 4 early and periodic screening, diagnostic and treatment program 5 benefit shall be established based on an hourly interim rate 6 subject to cost settlement up to a limit calculated by the 7 department, and subject to approval by the centers for Medicare 8 and Medicaid services of the United States department of health 9 and human services. 10 g. For the fiscal year beginning July 1, 2013, federally 11 qualified health centers shall receive cost-based reimbursement 12 for 100 percent of the reasonable costs for the provision of 13 services to recipients of medical assistance. 14 h. For the fiscal year beginning July 1, 2013, the 15 reimbursement rates for dental services shall be increased by 16 1.5 percent over the rates in effect on June 30, 2013. 17 i. (1) For the fiscal year beginning July 1, 2013, 18 state-owned psychiatric medical institutions for children shall 19 receive cost-based reimbursement for 100 percent of the actual 20 and allowable costs for the provision of services to recipients 21 of medical assistance. 22 (2) For the nonstate-owned psychiatric medical institutions 23 for children, reimbursement rates shall be based on the 24 reimbursement methodology developed by the department as 25 required for federal compliance. 26 (3) As a condition of participation in the medical 27 assistance program, enrolled providers shall accept the medical 28 assistance reimbursement rate for any covered goods or services 29 provided to recipients of medical assistance who are children 30 under the custody of a psychiatric medical institution for 31 children. 32 j. For the fiscal year beginning July 1, 2013, unless 33 otherwise specified in this Act, all noninstitutional medical 34 assistance provider reimbursement rates shall be increased 35 -64- SF 446 (7) 85 pf/jp/jh 64/ 118
S.F. 446 by 1.5 percent over the rates in effect on June 30, 2013, 1 except for area education agencies, local education agencies, 2 infant and toddler services providers, home and community-based 3 services providers including consumer-directed attendant care 4 providers under a section 1915C or 1915I waiver, targeted case 5 management providers, and those providers whose rates are 6 required to be determined pursuant to section 249A.20 . 7 k. Notwithstanding any provision to the contrary, for the 8 fiscal year beginning July 1, 2013, the reimbursement rate for 9 anesthesiologists shall be increased by 1.5 percent over the 10 rate in effect on June 30, 2013. 11 l. Notwithstanding section 249A.20 , for the fiscal year 12 beginning July 1, 2013, the average reimbursement rate for 13 health care providers eligible for use of the federal Medicare 14 resource-based relative value scale reimbursement methodology 15 under that section shall be increased by 1.5 percent over the 16 rate in effect on June 30, 2013; however, this rate shall not 17 exceed the maximum level authorized by the federal government. 18 m. For the fiscal year beginning July 1, 2013, the 19 reimbursement rate for residential care facilities shall not 20 be less than the minimum payment level as established by the 21 federal government to meet the federally mandated maintenance 22 of effort requirement. The flat reimbursement rate for 23 facilities electing not to file annual cost reports shall not 24 be less than the minimum payment level as established by the 25 federal government to meet the federally mandated maintenance 26 of effort requirement. 27 n. For the fiscal year beginning July 1, 2013, inpatient 28 mental health services provided at hospitals shall be increased 29 by 1.5 percent over the rates in effect on June 30, 2013, 30 subject to Medicaid program upper payment limit rules; 31 community mental health centers and providers of mental health 32 services to county residents pursuant to a waiver approved 33 under section 225C.7, subsection 3 , shall be reimbursed at 100 34 percent of the reasonable costs for the provision of services 35 -65- SF 446 (7) 85 pf/jp/jh 65/ 118
S.F. 446 to recipients of medical assistance; and psychiatrists shall be 1 reimbursed at the medical assistance program fee-for-service 2 rate. 3 o. For the fiscal year beginning July 1, 2013, the 4 reimbursement rate for providers of family planning services 5 that are eligible to receive a 90 percent federal match shall 6 be increased by 1.5 percent over the rates in effect on June 7 30, 2013. 8 p. For the fiscal year beginning July 1, 2013, the upper 9 limits on reimbursement rates for providers of home and 10 community-based services waiver services shall be the limits 11 in effect on June 30, 2013, pursuant to 441 IAC 79.1(2) based 12 on federal Medicare rates, federal veterans administration 13 rates, or the dollar amount specified in the rule, increased 14 by 3 percent. 15 q. For the fiscal year beginning July 1, 2013, the 16 reimbursement rate for emergency medical services providers 17 shall be increased by 10 percent over the rates in effect on 18 June 30, 2013. 19 2. For the fiscal year beginning July 1, 2013, the 20 reimbursement rate for providers reimbursed under the 21 in-home-related care program shall not be less than the minimum 22 payment level as established by the federal government to meet 23 the federally mandated maintenance of effort requirement. 24 3. Unless otherwise directed in this section, when the 25 department’s reimbursement methodology for any provider 26 reimbursed in accordance with this section includes an 27 inflation factor, this factor shall not exceed the amount 28 by which the consumer price index for all urban consumers 29 increased during the calendar year ending December 31, 2002. 30 4. a. For the fiscal year beginning July 1, 2013, 31 notwithstanding section 234.38 , the foster family basic daily 32 maintenance rate and the maximum adoption subsidy rate for 33 children ages 0 through 5 years shall be $16.78, the rate for 34 children ages 6 through 11 years shall be $17.45, the rate for 35 -66- SF 446 (7) 85 pf/jp/jh 66/ 118
S.F. 446 children ages 12 through 15 years shall be $19.10, and the 1 rate for children and young adults ages 16 and older shall be 2 $19.35. For youth ages 18 to 21 who have exited foster care, 3 the maximum preparation for adult living program maintenance 4 rate shall be $602.70 per month. The maximum payment for 5 adoption subsidy nonrecurring expenses shall be limited to $500 6 and the disallowance of additional amounts for court costs and 7 other related legal expenses implemented pursuant to 2010 Iowa 8 Acts, chapter 1031, section 408 shall be continued. 9 b. (1) For the fiscal year beginning July 1, 2013, the 10 reimbursement rates for child welfare services providers shall 11 be increased by 5 percent over the rates in effect on June 12 30, 2013, and the maximum reimbursement rate for group foster 13 care providers, including service and maintenance costs, shall 14 be rebased to be equal to the maximum rate allowed for each 15 service level as of June 30, 2013, and the rebased rate shall 16 be increased by 5 percent or a percentage amount identified 17 by the department so that expenditures for group foster care 18 remain within the state expenditure target for group foster 19 care maintenance and services allocated under the appropriation 20 made in this division of this Act for child and family 21 services, whichever percentage amount is lower. 22 (2) For purposes of this lettered paragraph, “child welfare 23 services providers” means the resource family recruitment and 24 retention contractors, the family safety, risk, and permanency 25 services (family-centered) contractors, the child welfare 26 emergency services contractors, and supervised apartment living 27 foster care providers. The reimbursement rates for child 28 welfare services providers and group foster care providers in 29 succeeding fiscal years, including base rates and incentive 30 payments, shall incorporate an inflation factor. The inflation 31 factor shall be equal to the percentage amount by which the 32 annual average consumer price index for all urban consumers, 33 United States city average, issued by the United States 34 department of labor, bureau of labor statistics, increased 35 -67- SF 446 (7) 85 pf/jp/jh 67/ 118
S.F. 446 during the average of the three preceding calendar years ending 1 December 31. 2 c. For the fiscal year beginning July 1, 2013, the maximum 3 reimbursement rates under the supervised apartment living 4 program other than foster care-related, and for social services 5 providers under contract, shall be increased by 5 percent over 6 the rates in effect on June 30, 2013, or the provider’s actual 7 and allowable cost plus inflation for each service, whichever 8 is less. However, if a new service or service provider is 9 added after June 30, 2013, the initial reimbursement rate for 10 the service or provider shall be based upon a weighted average 11 of provider rates for similar services. 12 d. The group foster care reimbursement rates paid for 13 placement of children out of state shall be calculated 14 according to the same rate-setting principles as those used for 15 in-state providers, unless the director of human services or 16 the director’s designee determines that appropriate care cannot 17 be provided within the state. The payment of the daily rate 18 shall be based on the number of days in the calendar month in 19 which service is provided. 20 5. a. For the fiscal year beginning July 1, 2013, the 21 reimbursement rate paid for shelter care and the child welfare 22 emergency services implemented to provide or prevent the need 23 for shelter care shall be established by contract. 24 b. For the fiscal year beginning July 1, 2013, the combined 25 service and maintenance components of the reimbursement rate 26 paid for shelter care services shall be based on the financial 27 and statistical report submitted to the department. The 28 maximum reimbursement rate shall be $96.98 per day. The 29 department shall reimburse a shelter care provider at the 30 provider’s actual and allowable unit cost, plus inflation, not 31 to exceed the maximum reimbursement rate. 32 c. Notwithstanding section 232.141, subsection 8 , for the 33 fiscal year beginning July 1, 2013, the amount of the statewide 34 average of the actual and allowable rates for reimbursement of 35 -68- SF 446 (7) 85 pf/jp/jh 68/ 118
S.F. 446 juvenile shelter care homes that is utilized for the limitation 1 on recovery of unpaid costs shall be increased by $4.62 over 2 the amount in effect for this purpose in the preceding fiscal 3 year. 4 6. For the fiscal year beginning July 1, 2013, the 5 department shall calculate reimbursement rates for intermediate 6 care facilities for persons with intellectual disabilities 7 at the 80th percentile. Beginning July 1, 2013, the rate 8 calculation methodology shall utilize the consumer price index 9 inflation factor applicable to the fiscal year beginning July 10 1, 2013. 11 7. For the fiscal year beginning July 1, 2013, for child 12 care providers reimbursed under the state child care assistance 13 program, the department shall set provider reimbursement rates 14 based on the rate reimbursement survey completed in December 15 2006. The department shall set rates in a manner so as to 16 provide incentives for a nonregistered provider to become 17 registered by applying the increase only to registered and 18 licensed providers. 19 8. Any increase specified in a provider’s reimbursement 20 rate in accordance with this section shall be used to increase 21 compensation and costs of employment, including benefits, for 22 nonadministrative staff. 23 9. The department may adopt emergency rules to implement 24 this section. 25 Sec. 29. EMERGENCY RULES. 26 1. If specifically authorized by a provision of this 27 division of this Act for the fiscal year beginning July 1, 28 2013, the department of human services or the mental health 29 and disability services commission may adopt administrative 30 rules under section 17A.4, subsection 3 , and section 17A.5, 31 subsection 2 , paragraph “b”, to implement the provisions and 32 the rules shall become effective immediately upon filing or 33 on a later effective date specified in the rules, unless the 34 effective date is delayed by the administrative rules review 35 -69- SF 446 (7) 85 pf/jp/jh 69/ 118
S.F. 446 committee. Any rules adopted in accordance with this section 1 shall not take effect before the rules are reviewed by the 2 administrative rules review committee. The delay authority 3 provided to the administrative rules review committee under 4 section 17A.4, subsection 7 , and section 17A.8, subsection 9 , 5 shall be applicable to a delay imposed under this section, 6 notwithstanding a provision in those sections making them 7 inapplicable to section 17A.5, subsection 2 , paragraph “b”. 8 Any rules adopted in accordance with the provisions of this 9 section shall also be published as notice of intended action 10 as provided in section 17A.4 . 11 2. If during the fiscal year beginning July 1, 2013, the 12 department of human services is adopting rules in accordance 13 with this section or as otherwise directed or authorized by 14 state law, and the rules will result in an expenditure increase 15 beyond the amount anticipated in the budget process or if the 16 expenditure was not addressed in the budget process for the 17 fiscal year, the department shall notify the persons designated 18 by this division of this Act for submission of reports, 19 the chairpersons and ranking members of the committees on 20 appropriations, and the department of management concerning the 21 rules and the expenditure increase. The notification shall be 22 provided at least 30 calendar days prior to the date notice of 23 the rules is submitted to the administrative rules coordinator 24 and the administrative code editor. 25 Sec. 30. REPORTS. Any reports or other information 26 required to be compiled and submitted under this Act during the 27 fiscal year beginning July 1, 2013, shall be submitted to the 28 chairpersons and ranking members of the joint appropriations 29 subcommittee on health and human services, the legislative 30 services agency, and the legislative caucus staffs on or 31 before the dates specified for submission of the reports or 32 information. 33 DIVISION VI 34 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2013-2014 35 -70- SF 446 (7) 85 pf/jp/jh 70/ 118
S.F. 446 Sec. 31. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 1 appropriated from the pharmaceutical settlement account created 2 in section 249A.33 to the department of human services for the 3 fiscal year beginning July 1, 2013, and ending June 30, 2014, 4 the following amount, or so much thereof as is necessary, to be 5 used for the purpose designated: 6 Notwithstanding any provision of law to the contrary, to 7 supplement the appropriations made in this Act for medical 8 contracts under the medical assistance program for the fiscal 9 year beginning July 1, 2013, and ending June 30, 2014: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,650,000 11 Sec. 32. APPROPRIATIONS FROM IOWACARE ACCOUNT. 12 1. There is appropriated from the IowaCare account 13 created in section 249J.24 to the state board of regents for 14 distribution to the university of Iowa hospitals and clinics 15 for the fiscal year beginning July 1, 2013, and ending June 30, 16 2014, for the program period beginning July 1, 2013, and ending 17 December 31, 2013, the following amount, or so much thereof as 18 is necessary, to be used for the purposes designated: 19 For salaries, support, maintenance, equipment, and 20 miscellaneous purposes, for the provision of medical and 21 surgical treatment of indigent patients, for provision of 22 services to members of the expansion population pursuant to 23 chapter 249J , and for medical education: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,642,292 25 a. Funds appropriated in this subsection shall be used 26 in accordance with 2011 Iowa Acts, chapter 129, section 35, 27 subsection 1, paragraph “a”. 28 b. Notwithstanding any provision of law to the contrary, 29 the amount appropriated in this subsection shall be distributed 30 based on claims submitted, adjudicated, and paid by the Iowa 31 Medicaid enterprise. 32 c. The university of Iowa hospitals and clinics shall 33 certify public expenditures in an amount equal to provide 34 the nonfederal share on total expenditures not to exceed 35 -71- SF 446 (7) 85 pf/jp/jh 71/ 118
S.F. 446 $10,000,000. 1 2. There is appropriated from the IowaCare account 2 created in section 249J.24 to the state board of regents for 3 distribution to the university of Iowa hospitals and clinics 4 for the fiscal year beginning July 1, 2013, and ending June 30, 5 2014, for the program period beginning July 1, 2013, and ending 6 December 31, 2013, the following amount, or so much thereof as 7 is necessary, to be used for the purposes designated: 8 For salaries, support, maintenance, equipment, and 9 miscellaneous purposes, for the provision of medical and 10 surgical treatment of indigent patients, for provision of 11 services to members of the expansion population pursuant to 12 chapter 249J , and for medical education: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,284,600 14 Notwithstanding any provision of law to the contrary, the 15 amount appropriated in this subsection shall be distributed 16 based on claims submitted, adjudicated, and paid by the Iowa 17 Medicaid enterprise. 18 3. There is appropriated from the IowaCare account 19 created in section 249J.24 to the state board of regents for 20 distribution to university of Iowa physicians for the fiscal 21 year beginning July 1, 2013, and ending June 30, 2014, for the 22 program period beginning July 1, 2013, and ending December 31, 23 2013, the following amount, or so much thereof as is necessary 24 to be used for the purposes designated: 25 For salaries, support, maintenance, equipment, and 26 miscellaneous purposes for the provision of medical and 27 surgical treatment of indigent patients, for provision of 28 services to members of the expansion population pursuant to 29 chapter 249J , and for medical education: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,903,183 31 Notwithstanding any provision of law to the contrary, the 32 amount appropriated in this subsection shall be distributed 33 based on claims submitted, adjudicated, and paid by the Iowa 34 Medicaid enterprise. Once the entire amount appropriated in 35 -72- SF 446 (7) 85 pf/jp/jh 72/ 118
S.F. 446 this subsection has been distributed, claims shall continue to 1 be submitted and adjudicated by the Iowa Medicaid enterprise; 2 however, no payment shall be made based upon such claims. 3 4. There is appropriated from the IowaCare account created 4 in section 249J.24 to the department of human services for 5 the fiscal year beginning July 1, 2013, and ending June 30, 6 2014, for the program period beginning July 1, 2013, and ending 7 December 31, 2013, the following amount, or so much thereof as 8 is necessary, to be used for the purposes designated: 9 For distribution to a publicly owned acute care teaching 10 hospital located in a county with a population over 350,000 for 11 the provision of medical and surgical treatment of indigent 12 patients, for provision of services to members of the expansion 13 population pursuant to chapter 249J , and for medical education: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,500,000 15 a. Notwithstanding any provision of law to the contrary, 16 the amount appropriated in this subsection shall be distributed 17 based on claims submitted, adjudicated, and paid by the Iowa 18 Medicaid enterprise plus a monthly disproportionate share 19 hospital payment. Any amount appropriated in this subsection 20 in excess of $32,500,000 shall be distributed only if the sum 21 of the expansion population claims adjudicated and paid by the 22 Iowa Medicaid enterprise plus the estimated disproportionate 23 share hospital payments exceeds $32,500,000. The amount paid 24 in excess of $32,500,000 shall not adjust the original monthly 25 payment amount but shall be distributed monthly based on actual 26 claims adjudicated and paid by the Iowa Medicaid enterprise 27 plus the estimated disproportionate share hospital amount. Any 28 amount appropriated in this subsection in excess of $32,500,000 29 shall be allocated only if federal funds are available to match 30 the amount allocated. Pursuant to paragraph “b”, of the amount 31 appropriated in this subsection, not more than $2,000,000 shall 32 be distributed for prescription drugs, podiatry services, 33 optometric services, and durable medical equipment. 34 b. Notwithstanding any provision of law to the contrary, the 35 -73- SF 446 (7) 85 pf/jp/jh 73/ 118
S.F. 446 hospital identified in this subsection shall be reimbursed for 1 outpatient prescription drugs, podiatry services, optometric 2 services, and durable medical equipment provided to members 3 of the expansion population pursuant to all applicable 4 medical assistance program rules, in an amount not to exceed 5 $2,000,000. 6 c. Notwithstanding the total amount of proceeds distributed 7 pursuant to section 249J.24, subsection 4 , paragraph “a”, 8 unnumbered paragraph 1, for the fiscal year beginning July 9 1, 2013, and ending June 30, 2014, the county treasurer of a 10 county with a population of over 350,000 in which a publicly 11 owned acute care teaching hospital is located shall distribute 12 the proceeds collected pursuant to section 347.7 between 13 July 1, 2013, and December 31, 2013, in a total amount of 14 $19,000,000, which would otherwise be distributed to the county 15 hospital, to the treasurer of state for deposit in the IowaCare 16 account. 17 d. Notwithstanding the amount collected and distributed 18 for deposit in the IowaCare account pursuant to section 19 249J.24, subsection 4 , paragraph “a”, subparagraph (1), the 20 first $19,000,000 in proceeds collected pursuant to section 21 347.7 between July 1, 2013, and December 31, 2013, shall be 22 distributed to the treasurer of state for deposit in the 23 IowaCare account and collections during this time period in 24 excess of $19,000,000 shall be distributed to the acute care 25 teaching hospital identified in this subsection. Of the 26 collections in excess of the $19,000,000 received by the acute 27 care teaching hospital under this paragraph “d”, $2,000,000 28 shall be distributed by the acute care teaching hospital to the 29 treasurer of state for deposit in the IowaCare account in the 30 month of January 2014, following the July 1 through December 31 31, 2013, period. 32 5. There is appropriated from the IowaCare account created 33 in section 249J.24 to the department of human services for 34 the fiscal year beginning July 1, 2013, and ending June 30, 35 -74- SF 446 (7) 85 pf/jp/jh 74/ 118
S.F. 446 2014, for the program period beginning July 1, 2013, and ending 1 December 31, 2013, the following amount, or so much thereof as 2 is necessary to be used for the purpose designated: 3 For payment to the regional provider network specified 4 by the department pursuant to section 249J.7 for provision 5 of covered services to members of the expansion population 6 pursuant to chapter 249J : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,993,183 8 Notwithstanding any provision of law to the contrary, the 9 amount appropriated in this subsection shall be distributed 10 based on claims submitted, adjudicated, and paid by the Iowa 11 Medicaid enterprise. Once the entire amount appropriated in 12 this subsection has been distributed, claims shall continue to 13 be submitted and adjudicated by the Iowa Medicaid enterprise; 14 however, no payment shall be made based upon such claims. 15 6. There is appropriated from the IowaCare account created 16 in section 249J.24 to the department of human services for 17 the fiscal year beginning July 1, 2013, and ending June 30, 18 2014, for the program period beginning July 1, 2013, and ending 19 December 31, 2013, the following amount, or so much thereof as 20 is necessary, to be used for the purposes designated: 21 For a care coordination pool to pay the expansion population 22 providers consisting of the university of Iowa hospitals and 23 clinics, the publicly owned acute care teaching hospital as 24 specified in section 249J.7 , and current medical assistance 25 program providers that are not expansion population network 26 providers pursuant to section 249J.7 , for services covered by 27 the full benefit medical assistance program but not under the 28 IowaCare program pursuant to section 249J.6 , that are provided 29 to expansion population members: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 31 a. Notwithstanding sections 249J.6 and 249J.7 , the amount 32 appropriated in this subsection is intended to provide 33 payment for medically necessary services provided to expansion 34 population members for continuation of care provided by the 35 -75- SF 446 (7) 85 pf/jp/jh 75/ 118
S.F. 446 university of Iowa hospitals and clinics or the publicly owned 1 acute care teaching hospital as specified in section 249J.7 . 2 Payment may only be made for services that are not otherwise 3 covered under section 249J.6 , and which are follow-up services 4 to covered services provided by the hospitals specified in this 5 paragraph “a”. 6 b. The funds appropriated in this subsection are intended 7 to provide limited payment for continuity of care services for 8 an expansion population member, and are intended to cover the 9 costs of services to expansion population members, regardless 10 of the member’s county of residence or medical home assignment, 11 if the care is related to specialty or hospital services 12 provided by the hospitals specified in paragraph “a”. 13 c. The funds appropriated in this subsection are 14 not intended to provide for expanded coverage under the 15 IowaCare program, and shall not be used to cover emergency 16 transportation services. 17 d. The department shall adopt administrative rules pursuant 18 to chapter 17A to establish a prior authorization process and 19 to identify covered services for reimbursement under this 20 subsection. 21 7. There is appropriated from the IowaCare account created 22 in section 249J.24 to the department of human services for 23 the fiscal year beginning July 1, 2013, and ending June 30, 24 2014, for the program period beginning July 1, 2013, and ending 25 December 31, 2013, the following amount, or so much thereof as 26 is necessary, for the purposes designated: 27 For transfer to the medical contracts appropriation in 28 this division of this Act to be used for administrative 29 costs associated with chapter 249J including eligibility 30 determinations: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 371,552 32 8. For the fiscal year beginning July 1, 2013, and ending 33 June 30, 2014, for the program period beginning July 1, 2013, 34 and ending December 31, 2013, the state board of regents shall 35 -76- SF 446 (7) 85 pf/jp/jh 76/ 118
S.F. 446 transfer $637,789 to the IowaCare account created in section 1 249J.24, to provide the nonfederal share for distribution to 2 university of Iowa physicians under the IowaCare program. The 3 university of Iowa hospitals and clinics shall receive and 4 retain 100 percent of the total increase in IowaCare program 5 payments. 6 Sec. 33. APPROPRIATIONS FROM NONPARTICIPATING 7 PROVIDER REIMBURSEMENT FUND —— DEPARTMENT OF HUMAN 8 SERVICES. Notwithstanding any provision to the contrary, and 9 subject to the availability of funds, there is appropriated 10 from the nonparticipating provider reimbursement fund created 11 in section 249J.24A to the department of human services for 12 the fiscal year beginning July 1, 2013, and ending June 30, 13 2014, for the program period beginning July 1, 2013, and ending 14 December 31, 2013, the following amount, or so much thereof as 15 is necessary, for the purposes designated: 16 To reimburse nonparticipating providers in accordance with 17 section 249J.24A : 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 19 Sec. 34. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 20 SERVICES. Notwithstanding any provision to the contrary and 21 subject to the availability of funds, there is appropriated 22 from the quality assurance trust fund created in section 23 249L.4 to the department of human services for the fiscal year 24 beginning July 1, 2013, and ending June 30, 2014, the following 25 amounts, or so much thereof as is necessary, for the purposes 26 designated: 27 To supplement the appropriation made in this Act from the 28 general fund of the state to the department of human services 29 for medical assistance for the same fiscal year: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,788,917 31 Sec. 35. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 32 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 33 the contrary and subject to the availability of funds, there is 34 appropriated from the hospital health care access trust fund 35 -77- SF 446 (7) 85 pf/jp/jh 77/ 118
S.F. 446 created in section 249M.4 to the department of human services 1 for the fiscal year beginning July 1, 2013, and ending June 2 30, 2014, the following amounts, or so much thereof as is 3 necessary, for the purposes designated: 4 1. To supplement the appropriation made in this Act from the 5 general fund of the state to the department of human services 6 for medical assistance for the same fiscal year: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,288,000 8 2. For deposit in the nonparticipating provider 9 reimbursement fund created in section 249J.24A to be used for 10 the purposes of the fund: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,000 12 Sec. 36. MEDICAL ASSISTANCE PROGRAM —— NONREVERSION 13 FOR FY 2013-2014. Notwithstanding section 8.33 , if moneys 14 appropriated for purposes of the medical assistance program for 15 the fiscal year beginning July 1, 2013, and ending June 30, 16 2014, from the general fund of the state, the quality assurance 17 trust fund and the hospital health care access trust fund, are 18 in excess of actual expenditures for the medical assistance 19 program and remain unencumbered or unobligated at the close 20 of the fiscal year, the excess moneys shall not revert but 21 shall remain available for expenditure for the purposes of the 22 medical assistance program until the close of the succeeding 23 fiscal year. 24 DIVISION VII 25 PRIOR YEAR APPROPRIATIONS 26 RESPITE 27 Sec. 37. 2011 Iowa Acts, chapter 129, section 128, as 28 amended by 2012 Iowa Acts, chapter 1133, section 22, subsection 29 26, is amended to read as follows: 30 26. Of the funds appropriated in this section, at least 31 $25,000 shall be used to continue and to expand the foster 32 care respite pilot program in which postsecondary students in 33 social work and other human services-related programs receive 34 experience by assisting family foster care providers with 35 -78- SF 446 (7) 85 pf/jp/jh 78/ 118
S.F. 446 respite and other support. Notwithstanding section 8.33, 1 moneys allocated in this subsection that remain unencumbered or 2 unobligated at the close of the fiscal year shall not revert 3 but shall remain available for expenditure for the purposes 4 designated until the close of the succeeding fiscal year. 5 MEDICAL ASSISTANCE —— GENERAL FUND 6 Sec. 38. 2011 Iowa Acts, chapter 129, section 122, 7 unnumbered paragraph 2, is amended to read as follows: 8 For medical assistance program reimbursement and associated 9 costs as specifically provided in the reimbursement 10 methodologies in effect on June 30, 2012, except as otherwise 11 expressly authorized by law, and consistent with options under 12 federal law and regulations: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 914,993,421 14 968,276,514 15 MEDICAL ASSISTANCE —— IOWACARE TRANSFER ALLOCATION 16 Sec. 39. 2011 Iowa Acts, chapter 129, section 122, 17 subsection 13, as amended by 2012 Iowa Acts, chapter 1133, 18 section 10, is amended to read as follows: 19 13. Of the funds appropriated in this section, up to 20 $8,684,329 $16,004,422 may be transferred to the IowaCare 21 account created in section 249J.24 . 22 ADOPTION SUBSIDY —— GENERAL FUND 23 Sec. 40. 2011 Iowa Acts, chapter 129, section 129, as 24 amended by 2012 Iowa Acts, chapter 1133, section 23, subsection 25 1, is amended to read as follows: 26 1. There is appropriated from the general fund of the 27 state to the department of human services for the fiscal year 28 beginning July 1, 2012, and ending June 30, 2013, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purpose designated: 31 For adoption subsidy payments and services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,788,576 33 37,743,429 34 NURSING FACILITY REIMBURSEMENT 35 -79- SF 446 (7) 85 pf/jp/jh 79/ 118
S.F. 446 Sec. 41. 2011 Iowa Acts, chapter 129, section 141, 1 subsection 1, paragraph a, subparagraph (1), as amended by 2 2012 Iowa Acts, chapter 1133, section 32, is amended to read 3 as follows: 4 (1) For the fiscal year beginning July 1, 2012, the total 5 state funding amount for the nursing facility budget shall not 6 exceed $237,226,901 $239,226,901 . 7 Sec. 42. 2012 Iowa Acts, chapter 1133, section 55, is 8 amended to read as follows: 9 SEC. 55. REPLACEMENT GENERATION TAX REVENUES —— LEVY RATES 10 FOR FY 2011-2012 AND FY 2012-2013. 11 1. a. For the fiscal year beginning July 1, 2011, and 12 ending June 30, 2012, and for the fiscal year beginning July 1, 13 2012, and ending June 30, 2013, the replacement generation tax 14 revenues required to be deposited in the property tax relief 15 fund pursuant to section 437A.8, subsection 4 , paragraph “d”, 16 and section 437A.15, subsection 3 , paragraph “f”, shall instead 17 be credited to the mental health and disability services 18 redesign fund created in this division of this Act. 19 b. If this section of this division of this Act is enacted 20 after the department of management has reduced county certified 21 budgets and revised rates of taxation pursuant to section 22 426B.2, subsection 3 , paragraph “b”, to reflect anticipated 23 replacement generation tax revenues, and the enactment date is 24 during the period beginning May 1, 2012, and ending June 30, 25 2012, the reductions and revisions shall be rescinded and the 26 department of management shall expeditiously report that fact 27 to the county auditors. 28 2. Except as otherwise provided in subsection 1 for 29 department of management reductions of certified budgets and 30 revisions of tax rates and rescinding of those reductions and 31 revisions, the budgets and tax rates certified for a county 32 services fund under section 331.424A , for the fiscal year 33 beginning July 1, 2012, shall remain in effect, notwithstanding 34 section 426B.3, subsection 1 , the property tax relief fund 35 -80- SF 446 (7) 85 pf/jp/jh 80/ 118
S.F. 446 payment and other services fund financing changes made in this 1 division of this Act, or other statutory amendments affecting 2 county services funds for the fiscal year to the contrary. 3 Sec. 43. EFFECTIVE UPON ENACTMENT. This division of this 4 Act, being deemed of immediate importance, takes effect upon 5 enactment. 6 Sec. 44. RETROACTIVE APPLICABILITY. The following 7 provision of this Act applies retroactively to July 1, 2011: 8 1. The section amending 2012 Iowa Acts, chapter 1133, 9 section 55. 10 DIVISION VIII 11 CHILD WELFARE AND CHILD CARE 12 Sec. 45. Section 232.142, subsection 5, Code 2013, is 13 amended to read as follows: 14 5. The director shall approve annually all such homes 15 established and maintained under the provisions of this 16 chapter . A home shall not be approved unless it complies with 17 minimal rules and standards adopted by the director and has 18 been inspected by the department of inspections and appeals. 19 The statewide number of beds in the homes approved by the 20 director shall not exceed the number of beds in approved homes 21 as of July 1, 2013. 22 Sec. 46. Section 237A.13, subsection 7, paragraph c, Code 23 2013, is amended to read as follows: 24 c. Families with an income of more than one hundred percent 25 but not more than one hundred forty-five forty-eight percent of 26 the federal poverty level whose members are employed at least 27 twenty-eight hours per week. 28 Sec. 47. Section 237A.13, subsection 8, Code 2013, is 29 amended to read as follows: 30 8. Nothing in this section shall be construed as or is 31 intended as, or shall imply, a grant of entitlement for 32 services to persons who are eligible for assistance due to 33 an income level or other eligibility circumstance addressed 34 in this section . Any state obligation to provide services 35 -81- SF 446 (7) 85 pf/jp/jh 81/ 118
S.F. 446 pursuant to this section is limited to the extent of the funds 1 appropriated for the purposes of state child care assistance. 2 The standard period for redetermining the eligibility of a 3 program participant is twelve months after the date of the 4 initial determination of eligibility and every twelve months 5 thereafter. 6 DIVISION IX 7 AGING 8 Sec. 48. Section 231.33, subsection 21, Code 2013, if 9 enacted by 2013 Iowa Acts, Senate File 184, section 22, is 10 amended to read as follows: 11 21. Comply with all applicable requirements of the Iowa 12 public employees’ retirement system established pursuant to 13 chapter 97B. Notwithstanding any provision to the contrary, 14 an employee of an area agency on aging that was enrolled in 15 an alternative qualified plan prior to July 1, 2012, may 16 continue participation in that alternative qualified plan in 17 lieu of mandatory participation in the Iowa public employees’ 18 retirement system. 19 Sec. 49. Section 231.42, subsection 7, paragraph a, Code 20 2013, is amended to read as follows: 21 a. An officer, owner, director, or employee of a long-term 22 care facility, assisted living program, or elder group home who 23 intentionally prevents, interferes with, or attempts to impede 24 the work of the state or a local long-term care resident’s 25 advocate is subject to a penalty imposed by the director of not 26 more than one thousand five hundred dollars for each violation. 27 If the director imposes a penalty for a violation under this 28 paragraph, no other state agency shall impose a penalty for the 29 same interference violation. Any moneys collected pursuant 30 to this subsection shall be deposited in the general fund of 31 the state and are appropriated to the office of long-term care 32 resident’s advocate to be used for administration and the 33 duties of the office . 34 Sec. 50. REPEAL. Section 231E.13, Code 2013, is repealed. 35 -82- SF 446 (7) 85 pf/jp/jh 82/ 118
S.F. 446 Sec. 51. TASK FORCE ON ELDER ABUSE PREVENTION AND 1 INTERVENTION. 2 1. The department on aging shall continue a task force 3 on elder abuse prevention and intervention to continue the 4 work of the elder abuse task force established pursuant to 5 2012 Iowa Acts, chapter 1056. The task force shall include 6 representatives of the department on aging, the office of 7 long-term care resident’s advocate, the department of human 8 services, the department of inspections and appeals, the 9 department of public health, the office of the attorney 10 general, the department of veterans affairs, the department 11 of public safety, the insurance division of the department 12 of commerce, a county attorney’s office with experience 13 in prosecuting elder abuse, the superintendent of banking, 14 the courts, the elder law section of the Iowa state bar 15 association, and other affected stakeholders. The task force 16 shall form workgroups as necessary to address the specific 17 recommendations. 18 2. The task force shall review the report of the elder 19 abuse task force submitted in December 2012, develop an 20 implementation plan for the recommendations, and make any 21 additional recommendations as necessary. The implementation 22 plan and additional recommendations shall address all of the 23 following: 24 a. The design of the comprehensive approach to elder 25 abuse prevention and intervention in the state utilizing the 26 prevention of elder abuse program pursuant to section 231.56A 27 and the office of substitute decision maker created pursuant 28 to chapter 231E. The design shall also address all of the 29 following: 30 (1) Harmonization of the approach design with the 31 existing dependent adult abuse system pursuant to chapter 32 235B, including but not limited to standardized training, 33 collaboration between the elder abuse approach and the 34 department of human services when a report of dependent adult 35 -83- SF 446 (7) 85 pf/jp/jh 83/ 118
S.F. 446 abuse involves an older individual, and the membership of 1 multidisciplinary teams. 2 (2) Incorporation of the approach design into other 3 existing and developing components of the system including 4 the area agencies on aging, the mental health and disability 5 services regions, local public health departments, the local 6 offices of the department on human services, the courts, and 7 other appropriate entities, to most effectively and efficiently 8 address the needs of older individuals. 9 b. The definition of elder abuse to be used in the approach 10 to elder abuse. The task force shall address continued use 11 of the definition of “elder abuse” as specified under the 12 federal Older Americans Act and utilized by the prevention of 13 elder abuse program under section 231.56A, or shall provide a 14 specific alternative definition. 15 c. The designation of a single point of contact to report 16 elder abuse. The task force shall specifically address 17 utilizing the aging and disability resource center network as 18 the single point of contact. 19 d. The means of addressing financial exploitation of older 20 individuals, including those relating to powers of attorney and 21 conservatorships as described in the 2012 task force report. 22 e. Promotion of public awareness of elder abuse and the 23 services and support available to older individuals at risk of 24 or experiencing elder abuse. 25 f. Any specific changes in statute and rules necessary to 26 achieve the recommendations of the task force. 27 3. The task force shall submit a progress report to the 28 elder abuse prevention and intervention legislative interim 29 committee established pursuant to this Act for review, by 30 October 31, 2013, and shall submit a final report of its 31 recommendations and proposed legislation following approval 32 by the legislative interim committee to the governor and the 33 general assembly no later than December 31, 2013. 34 Sec. 52. LEGISLATIVE INTERIM COMMITTEE. The legislative 35 -84- SF 446 (7) 85 pf/jp/jh 84/ 118
S.F. 446 council is requested to establish a legislative interim 1 committee on elder abuse prevention and intervention for the 2 2013 legislative interim to monitor the progress of, and 3 provide direction to, the task force on elder abuse prevention 4 and intervention created in this Act. The legislative 5 committee shall review the progress report and approve the 6 final report of the task force and shall submit the committee’s 7 recommendations and a final report to the general assembly 8 following completion of the committee’s work. 9 Sec. 53. PILOT PROJECT —— GUARDIANSHIP AND CONSERVATORSHIP 10 MONITORING. The department on aging shall collaborate 11 with the national health law and policy resource center 12 at the university of Iowa college of law to establish a 13 three-year pilot project to train, recruit, and oversee 14 volunteers to assist the courts in monitoring guardianships and 15 conservatorships and to provide assistance to guardians and 16 conservators. The pilot project shall be implemented initially 17 in the sixth judicial district. The pilot project shall be 18 utilized to establish a basis for an ongoing guardianship and 19 conservatorship monitoring and assistance program administered 20 through the department on aging. The department on aging 21 shall submit an annual report to the individuals identified 22 in this Act for submission of reports. The annual report 23 shall include the objectives and results for the pilot project 24 year, how the funds allocated were utilized in meeting the 25 pilot project’s objectives, the number of individuals served, 26 the types of services provided, any other sources of funding 27 utilized or identified as available for the pilot project, and 28 the continuing needs of the pilot project. 29 Sec. 54. EFFECTIVE UPON ENACTMENT. The section of this 30 division of this Act establishing a task force on elder abuse 31 prevention, being deemed of immediate importance, takes effect 32 upon enactment. 33 Sec. 55. EFFECTIVE UPON ENACTMENT. The section of this 34 division of this Act amending section 231.33, subsection 21, 35 -85- SF 446 (7) 85 pf/jp/jh 85/ 118
S.F. 446 if enacted by 2013 Iowa Acts, Senate File 184, being deemed of 1 immediate importance, takes effect upon enactment. 2 Sec. 56. RETROACTIVE APPLICABILITY. The section of this 3 division of this Act amending section 231.33, subsection 21, 4 if enacted by 2013 Iowa Acts, applies retroactively to July 1, 5 2012. 6 DIVISION X 7 EMS TASK FORCE 8 Sec. 57. EMERGENCY MEDICAL SERVICES TASK FORCE AND REPORT. 9 1. The department of public health shall establish a task 10 force to ensure the future availability of quality emergency 11 medical services for the state. 12 2. The members of the task force shall be appointed by the 13 director of the department of public health, or the director’s 14 designee, as follows: 15 a. A manager of a rural volunteer emergency medical 16 transport service. 17 b. A manager of a rural paid emergency medical transport 18 service. 19 c. A manager of an urban emergency medical transport 20 service. 21 d. A manager of a nontransport emergency medical service. 22 e. A representative of a fire department-based emergency 23 medical service. 24 f. A representative of a hospital-based emergency medical 25 service. 26 g. A representative of a private, for-profit emergency 27 medical transport service. 28 h. A representative of a not-for-profit emergency medical 29 transport service. 30 i. A representative of the Iowa emergency medical services 31 association board of directors. 32 j. A representative of an emergency medical services 33 training agency. 34 k. An urban emergency department physician. 35 -86- SF 446 (7) 85 pf/jp/jh 86/ 118
S.F. 446 l. A rural emergency department physician. 1 m. A representative of the Iowa emergency nurses 2 association. 3 n. A representative of the Iowa alliance in home care. 4 o. A representative of an emergency medical service air 5 ambulance. 6 p. A representative of the Iowa hospital association. 7 q. A representative of the private insurance industry. 8 r. A representative of the Iowa Medicaid enterprise 9 division of the department of human services. 10 s. A representative of city government. 11 t. A representative of county government. 12 u. A representative of the nursing facility industry. 13 v. A representative of the Iowa behavioral health 14 association. 15 w. A consumer of emergency medical services. 16 x. An advanced registered nurse practitioner. 17 3. The task force shall discuss the current state of 18 emergency medical services in Iowa and make recommendations for 19 enhancement of Iowa’s emergency medical services system. The 20 recommendations shall address issues facing volunteer and paid 21 rural emergency medical services, cost projections including 22 administration costs for all recommendations, the Medicaid 23 reimbursement fee schedule for ambulance services, and the 24 nature and scope of any recommended changes in regulations 25 governing emergency medical services. 26 4. The task force shall, by April 30, 2014, submit a final 27 report of its findings and recommendations to the governor, 28 the general assembly, the department of public health, and the 29 emergency medical services advisory council. The emergency 30 medical services advisory council shall review the report and 31 make recommendations related to implementation of the report’s 32 recommendations to the director of the department of public 33 health. 34 DIVISION XI 35 -87- SF 446 (7) 85 pf/jp/jh 87/ 118
S.F. 446 MEDICATION THERAPY MANAGEMENT 1 Sec. 58. MEDICATION THERAPY MANAGEMENT —— MEDICAID. 2 1. As used in this section, “medication therapy management” 3 means a systematic process performed by a licensed pharmacist, 4 designed to improve quality outcomes for patients and lower 5 health care costs, including emergency room, hospital, 6 provider, and other costs, by optimizing appropriate medication 7 use linked directly to achievement of the clinical goals of 8 therapy. Medication therapy management shall include all of 9 the following services: 10 a. A medication therapy review and in-person consultation 11 relating to all medications, vitamins, and herbal supplements 12 currently being taken by an eligible individual. 13 b. A medication action plan, subject to the limitations 14 specified in this section, communicated to the individual and 15 the individual’s primary care physician or other appropriate 16 prescriber to address issues including appropriateness, 17 effectiveness, safety, drug interactions, and adherence. The 18 medication action plan may include drug therapy recommendations 19 to prescribers that are needed to meet clinical goals and 20 achieve optimal patient outcomes. 21 c. Documentation and follow-up to ensure consistent levels 22 of pharmacy services and positive outcomes. 23 2. a. The department of human services shall utilize a 24 request for proposals process and shall enter into a contract 25 for the provision of medication therapy management services for 26 eligible medical assistance program recipients who meet any of 27 the following criteria: 28 (1) An individual who takes four or more prescription drugs 29 to treat or prevent two or more chronic medical conditions. 30 (2) An individual with a prescription drug therapy problem 31 who is identified by the prescribing physician or other 32 appropriate prescriber, and referred to a pharmacist for 33 medication therapy management services. 34 (3) An individual who meets other criteria established by 35 -88- SF 446 (7) 85 pf/jp/jh 88/ 118
S.F. 446 the Iowa Medicaid enterprise. 1 b. The fees for pharmacist-delivered medication therapy 2 management services shall be separate from the reimbursement 3 for prescription drug product or dispensing services, and 4 shall be reasonable based on the resources and time required 5 to provide the service. 6 c. A fee shall be established for physician reimbursement 7 for services delivered for medication therapy management and 8 shall be reasonable based on the resources and time required 9 to provide the service. 10 d. If any part of the medication therapy management 11 plan developed by a pharmacist incorporates services which 12 are outside the pharmacist’s independent scope of practice 13 including the initiation of therapy, modification of dosages, 14 therapeutic interchange, or changes in drug therapy, the 15 express authorization of the individual’s physician or other 16 appropriate prescriber shall be required. 17 Sec. 59. EFFECTIVE UPON ENACTMENT. This division of this 18 Act, being deemed of immediate importance, takes effect upon 19 enactment. 20 DIVISION XII 21 HOSPITAL PROVIDER TAX 22 Sec. 60. Section 249M.5, Code 2013, is amended to read as 23 follows: 24 249M.5 Future repeal. 25 This chapter is repealed June 30, 2013 2016 . 26 Sec. 61. EFFECTIVE UPON ENACTMENT. The section of this 27 division of this Act relating to the future repeal of the 28 hospital health care access assessment program chapter, being 29 deemed of immediate importance, takes effect upon enactment. 30 DIVISION XIII 31 ILL AND HANDICAPPED WAIVER NAME CHANGE 32 Sec. 62. Section 423.3, subsection 18, paragraph f, 33 subparagraph (1), Code 2013, is amended to read as follows: 34 (1) Ill and handicapped Health and disability waiver 35 -89- SF 446 (7) 85 pf/jp/jh 89/ 118
S.F. 446 service providers, described in 441 IAC 77.30. 1 DIVISION XIV 2 MILLER TRUST 3 Sec. 63. Section 633C.2, Code 2013, is amended to read as 4 follows: 5 633C.2 Disposition of medical assistance special needs 6 trusts. 7 Regardless of the terms of a medical assistance special 8 needs trust, any income received or asset added to the trust 9 during a one-month period shall be expended as provided for 10 medical assistance income trusts under section 633C.3 , on 11 a monthly basis, during the life of the beneficiary. Any 12 increase in income or principal retained in the trust from 13 a previous month may be expended, during the life of the 14 beneficiary, only for reasonable and necessary expenses of 15 the trust, not to exceed ten twenty-five dollars per month 16 without court approval, for special needs of the beneficiary 17 attributable to the beneficiary’s disability and approved by 18 the district court, for medical care or services that would 19 otherwise be covered by medical assistance under chapter 249A , 20 or to reimburse the state for medical assistance paid on behalf 21 of the beneficiary. 22 Sec. 64. Section 633C.3, subsection 1, unnumbered paragraph 23 1, Code 2013, is amended to read as follows: 24 Regardless of the terms of a medical assistance income 25 trust, if the beneficiary’s total monthly income is less 26 than one hundred and twenty-five percent of the average 27 statewide charge for nursing facility services to a private 28 pay resident of a nursing facility, then, during the life of 29 the beneficiary, any property received or held by the trust 30 shall be expended only as follows, as applicable, and in the 31 following order of priority: 32 Sec. 65. Section 633C.3, subsection 1, paragraph a, Code 33 2013, is amended to read as follows: 34 a. A reasonable amount may be paid or set aside each 35 -90- SF 446 (7) 85 pf/jp/jh 90/ 118
S.F. 446 month for necessary expenses of the trust, not to exceed ten 1 twenty-five dollars per month without court approval. 2 Sec. 66. Section 633C.3, subsection 2, unnumbered paragraph 3 1, Code 2013, is amended to read as follows: 4 Regardless of the terms of a medical assistance income 5 trust, if the beneficiary’s total monthly income is at or above 6 one hundred and twenty-five percent of the average statewide 7 charge for nursing facility services to a private-pay resident, 8 then, during the life of the beneficiary, any property received 9 or held by the trust shall be expended only as follows, as 10 applicable, in the following order of priority: 11 Sec. 67. Section 633C.3, subsection 2, paragraph a, Code 12 2013, is amended to read as follows: 13 a. A reasonable amount may be paid or set aside each 14 month for necessary expenses of the trust, not to exceed ten 15 twenty-five dollars per month without court approval. 16 Sec. 68. APPLICABILITY. The sections of this division of 17 this Act amending sections 633C.2 and 633C.3 apply to trusts in 18 existence on or after July 1, 2013. 19 DIVISION XV 20 FAMILY PLANNING WAIVER —— STATE PLAN 21 Sec. 69. Section 249A.3, subsection 2, paragraph a, 22 subparagraph (10), Code 2013, is amended to read as follows: 23 (10) Individuals eligible for family planning services 24 under a federally approved demonstration waiver or state plan . 25 Sec. 70. MEDICAID STATE PLAN AMENDMENT —— FAMILY 26 PLANNING. The department of human services shall amend the 27 medical assistance state plan to include the family planning 28 eligibility group, in accordance with the requirements of 29 section 2303 of the federal Affordable Care Act, Pub. L. No. 30 111-148, at the income eligibility level specified in the 31 family planning section 1115 demonstration waiver in effect on 32 January 1, 2013, to be effective no later than January 1, 2014. 33 Sec. 71. 2010 Iowa Acts, chapter 1192, section 11, 34 subsection 24, paragraph a, subparagraph (1), subparagraph 35 -91- SF 446 (7) 85 pf/jp/jh 91/ 118
S.F. 446 division (a), is amended to read as follows: 1 (a) Are uninsured or have health insurance coverage that 2 does not include coverage for benefits provided under the Iowa 3 family planning network subject to the medical assistance 4 program being the payer of last resort . 5 Sec. 72. EFFECTIVE UPON ENACTMENT AND CONTINGENT 6 IMPLEMENTATION. The sections of this division of this 7 Act relating to the family planning waiver and state plan 8 amendment, being deemed of immediate importance, take effect 9 upon enactment. However, the department of human services 10 shall only implement those sections to the extent the 11 department receives federal approval of the requests relating 12 to the waiver and the medical assistance state plan amendment 13 necessary to implement those sections. 14 DIVISION XVI 15 MISCELLANEOUS HEALTH CARE AMENDMENTS 16 Sec. 73. Section 249A.2, subsection 1, Code 2013, is amended 17 by striking the subsection. 18 Sec. 74. Section 249A.2, subsections 4 and 7, Code 2013, are 19 amended to read as follows: 20 4. “Discretionary medical assistance” means mandatory 21 medical assistance or additional optional medical assistance 22 provided to medically needy individuals whose income and 23 resources are in excess of eligibility limitations but are 24 insufficient to meet all of the costs of necessary medical 25 care and services, provided that if the assistance includes 26 services in institutions for mental diseases or intermediate 27 care facilities for persons with an intellectual disability, 28 or both, for any group of such individuals, the assistance 29 also includes for all covered groups of such individuals at 30 least the care and services enumerated in Tit. XIX of the 31 federal Social Security Act, section 1905(a), paragraphs (1) 32 through (5), and (17), as codified in 42 U.S.C. § 1396d(a), 33 pars. (1) through (5), and (17), or any seven of the care and 34 services enumerated in Tit. XIX of the federal Social Security 35 -92- SF 446 (7) 85 pf/jp/jh 92/ 118
S.F. 446 Act, section 1905(a), paragraphs (1) through (7) and (9) 1 through (18) (24) , as codified in 42 U.S.C. § 1396d(a), pars. 2 paragraphs (1) through (7), and (9) through (18) (24) . 3 7. “Medical assistance” or “Medicaid” means payment of all 4 or part of the costs of the care and services required to be 5 provided by made in accordance with Tit. XIX of the federal 6 Social Security Act , section 1905(a), paragraphs (1) through 7 (5), and (17), as codified in 42 U.S.C. § 1396d(a), pars. (1) 8 through (5), and (17) and authorized pursuant to this chapter . 9 Sec. 75. Section 249A.2, Code 2013, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 6A. “Mandatory medical assistance” means 12 payment of all or part of the costs of the care and services 13 required to be provided by Tit. XIX of the federal Social 14 Security Act, section 1905(a), paragraphs (1) through (5), 15 (17),(21), and (28), as codified in 42 U.S.C. § 1396d(a), 16 paragraphs (1) through (5), (17), (21), and (28). 17 NEW SUBSECTION . 7A. “Medical assistance program” or 18 “Medicaid program” means the program established under this 19 chapter to provide medical assistance. 20 NEW SUBSECTION . 8A. “Optional medical assistance” means 21 payment of all or part of the costs of any or all of the care 22 and services authorized to be provided by Tit. XIX of the 23 federal Social Security Act, section 1905(a), paragraphs (6) 24 through (16), (18) through (20), (22) through (27), and (29), 25 as codified in 42 U.S.C. § 1396d(a), paragraphs (6) through 26 (16), and (18) through (20), (22) through (27), and (29). 27 Sec. 76. Section 249A.3, subsection 1, unnumbered paragraph 28 1, Code 2013, is amended to read as follows: 29 Medical Mandatory medical assistance shall be provided to, 30 or on behalf of, any individual or family residing in the state 31 of Iowa, including those residents who are temporarily absent 32 from the state, who: 33 Sec. 77. Section 249A.3, subsection 1, paragraph l, 34 subparagraph (2), Code 2013, is amended to read as follows: 35 -93- SF 446 (7) 85 pf/jp/jh 93/ 118
S.F. 446 (2) Additionally, effective July 1, 2009, medical 1 assistance shall be provided to Is a pregnant woman or infant 2 whose family income is at or below three hundred percent of the 3 federal poverty level, as defined by the most recently revised 4 poverty income guidelines published by the United States 5 department of health and human services, if otherwise eligible. 6 Sec. 78. Section 249A.3, subsection 2, paragraph a, 7 unnumbered paragraph 1, Code 2013, is amended to read as 8 follows: 9 Medical Mandatory medical assistance may also, within the 10 limits of available funds and in accordance with section 11 249A.4, subsection 1 , be provided to, or on behalf of, 12 other individuals and families who are not excluded under 13 subsection 5 of this section and whose incomes and resources 14 are insufficient to meet the cost of necessary medical care and 15 services in accordance with the following order of priorities: 16 Sec. 79. Section 249A.3, subsection 2, paragraph a, 17 subparagraph (1), subparagraph division (a), Code 2013, is 18 amended to read as follows: 19 (a) As allowed under 42 U.S.C. § 1396a(a)(10)(A)(ii)(XIII), 20 individuals with disabilities, who are less than sixty-five 21 years of age, who are members of families whose income is less 22 than two hundred fifty percent of the most recently revised 23 official poverty guidelines published by the United States 24 department of health and human services for the family, who 25 have earned income and who are eligible for mandatory medical 26 assistance or additional optional medical assistance under this 27 section if earnings are disregarded. As allowed by 42 U.S.C. 28 § 1396a(r)(2), unearned income shall also be disregarded in 29 determining whether an individual is eligible for assistance 30 under this subparagraph. For the purposes of determining the 31 amount of an individual’s resources under this subparagraph 32 and as allowed by 42 U.S.C. § 1396a(r)(2), a maximum of ten 33 thousand dollars of available resources shall be disregarded, 34 and any additional resources held in a retirement account, in a 35 -94- SF 446 (7) 85 pf/jp/jh 94/ 118
S.F. 446 medical savings account, or in any other account approved under 1 rules adopted by the department shall also be disregarded. 2 Sec. 80. Section 249A.3, subsection 2, paragraph a, 3 subparagraph (3), Code 2013, is amended to read as follows: 4 (3) Individuals who are receiving care in a hospital or 5 in a basic nursing home, intermediate nursing home, skilled 6 nursing home or extended care facility, as defined by section 7 135C.1 , and who meet all eligibility requirements for federal 8 supplemental security income except that their income exceeds 9 the allowable maximum therefor for such eligibility , but 10 whose income is not in excess of the maximum established 11 by subsection 4 for eligibility for discretionary medical 12 assistance and is insufficient to meet the full cost of their 13 care in the hospital or health care facility on the basis of 14 standards established by the department. 15 Sec. 81. Section 249A.3, subsection 2, paragraph b, Code 16 2013, is amended to read as follows: 17 b. Notwithstanding the provisions of this subsection 18 establishing priorities for individuals and families to 19 receive mandatory medical assistance, the department may 20 determine within the priorities listed in this subsection which 21 persons shall receive mandatory medical assistance based on 22 income levels established by the department, subject to the 23 limitations provided in subsection 4 . 24 Sec. 82. Section 249A.3, subsection 3, Code 2013, is amended 25 to read as follows: 26 3. Additional Optional medical assistance may, within 27 the limits of available funds and in accordance with section 28 249A.4, subsection 1 , be provided to, or on behalf of, either 29 of the following groups of individuals and families : 30 a. Only those individuals and families described in 31 subsection 1 of this section ; or . 32 b. Those individuals and families described in both 33 subsections 1 and 2 . 34 Sec. 83. Section 249A.4, subsection 9, unnumbered paragraph 35 -95- SF 446 (7) 85 pf/jp/jh 95/ 118
S.F. 446 1, Code 2013, is amended to read as follows: 1 Adopt rules pursuant to chapter 17A in determining the 2 method and level of reimbursement for all medical and health 3 services referred to in section 249A.2, subsection 1 or 7 4 to be provided under the medical assistance program , after 5 considering all of the following: 6 Sec. 84. Section 249B.1, subsection 6, Code 2013, is amended 7 to read as follows: 8 6. “Medical assistance” means mandatory medical assistance” , 9 “additional “optional medical assistance” , “discretionary medical 10 assistance” or “medicare cost sharing” as defined in section 11 249A.2 which is provided to an individual pursuant to chapter 12 249A and Tit. XIX of the federal Social Security Act. 13 Sec. 85. Section 249F.1, subsection 1, Code 2013, is amended 14 to read as follows: 15 1. “Medical assistance” means mandatory medical 16 assistance”, “additional “optional medical assistance”, 17 “discretionary medical assistance”, or “Medicare cost sharing” 18 as each is defined in section 249A.2 which is provided to an 19 individual pursuant to chapter 249A and Tit. XIX of the federal 20 Social Security Act. 21 Sec. 86. Section 509.1, subsection 7, Code 2013, is amended 22 to read as follows: 23 7. A policy issued to the department of human services, 24 which shall be deemed the policyholder, to insure eligible 25 persons for medical assistance, or for both mandatory medical 26 assistance and additional optional medical assistance, as 27 defined by chapter 249A as hereafter amended. 28 Sec. 87. Section 514.1, subsection 2, Code 2013, is amended 29 to read as follows: 30 2. For the purposes of this chapter , “subscriber” means an 31 individual who enters into a contract for health care services 32 with a corporation subject to this chapter and includes a 33 person eligible for mandatory medical assistance or additional 34 optional medical assistance as defined under chapter 249A , with 35 -96- SF 446 (7) 85 pf/jp/jh 96/ 118
S.F. 446 respect to whom the department of human services has entered 1 into a contract with a firm operating under this chapter. For 2 purposes of this chapter , “provider” means a person as defined 3 in section 4.1, subsection 20 , which is licensed or authorized 4 in this state to furnish health care services. “Health care” 5 means that care necessary for the purpose of preventing, 6 alleviating, curing, or healing human physical or mental 7 illness, injury, or disability. 8 DIVISION XVII 9 ALZHEIMER’S COORDINATION AND STRATEGY 10 Sec. 88. NEW SECTION . 135P.1 Definitions. 11 As used in this chapter, unless the context otherwise 12 requires: 13 1. “Alzheimer’s disease” or “Alzheimer’s” means a 14 progressive, degenerative, fatal disorder that results in loss 15 of memory, loss of thinking and language skills, and behavioral 16 changes. “Alzheimer’s disease” includes related dementias 17 including vascular dementia, Parkinson’s disease, dementia 18 with Lewy bodies, frontotemporal dementia, Creutzfeldt-Jacob 19 disease, normal pressure hydrocephalus, and mixed dementia. 20 2. “Department” means the department of public health. 21 Sec. 89. NEW SECTION . 135P.2 Alzheimer’s disease —— 22 state-level coordination and comprehensive response strategy. 23 1. The department shall develop and administer, and 24 provide for state-level coordination of, a comprehensive 25 Alzheimer’s disease response strategy in accordance with the 26 recommendations of the stakeholder workgroup convened pursuant 27 to 2011 Iowa Acts, chapter 61. The response strategy shall 28 include development and monitoring of short-term and long-term 29 objectives and action steps to ensure that individuals with 30 Alzheimer’s disease have access to the highest quality and 31 most appropriate care at all stages of the disease and in 32 all settings across the service and supports continuum. The 33 response strategy may include prioritization of objectives 34 and action steps to most efficiently utilize resources and 35 -97- SF 446 (7) 85 pf/jp/jh 97/ 118
S.F. 446 funding. The department shall update the initial response 1 strategy biennially and shall submit a progress report annually 2 in January to the governor and the general assembly. 3 2. In providing state-level coordination, the department 4 shall integrate public and private resources and programs, 5 reduce duplication, evaluate programs and services to ensure 6 that evidence-based, high-quality programs and services are 7 available to maximize the positive impact for individuals with 8 Alzheimer’s and their families and caregivers, and promote 9 public awareness. 10 3. In developing the comprehensive Alzheimer’s disease 11 response strategy, the department shall do all of the 12 following: 13 a. Establish an Alzheimer’s disease coordinator position 14 in the department in a manner similar to those positions 15 that address other chronic conditions in the state. The 16 coordinator, in partnership with public and private entities 17 and the multidisciplinary advisory council convened pursuant to 18 paragraph “b” , shall do all of the following: 19 (1) Implement the recommendations of the Alzheimer’s 20 disease stakeholder workgroup convened pursuant to 2011 Iowa 21 Acts, chapter 61, and establish standards for the comprehensive 22 Alzheimer’s disease response strategy. 23 (2) Inform, educate, and empower the public regarding the 24 impact of Alzheimer’s disease, in order to increase awareness 25 of the disease and in particular the benefits of early 26 detection, while working to decrease the stigma associated with 27 Alzheimer’s disease. 28 (3) Monitor the prevalence of Alzheimer’s disease and 29 cognitive impairment in the state through data collection and 30 coordination efforts. Such data shall be made available to 31 and used to assist public and private efforts in developing 32 evidence-based programs and policies that address Alzheimer’s 33 disease. 34 (4) Evaluate, and promote the improved effectiveness, 35 -98- SF 446 (7) 85 pf/jp/jh 98/ 118
S.F. 446 accessibility, and quality of, clinical and population-based 1 Alzheimer’s services. The evaluation and promotion efforts 2 shall include coordination of services to reach rural and 3 underserved areas of the state. 4 (5) Ensure a competent public and private sector workforce 5 specific to the challenges of Alzheimer’s disease. The effort 6 shall include coordinating existing state efforts to develop, 7 implement, and evaluate curricula and training requirements 8 for providers of services who interact with individuals with 9 Alzheimer’s disease. 10 (6) Act as a liaison to the aging and disabilities resource 11 centers, area agencies on aging, Alzheimer’s association 12 chapters, the health and long-term care access advisory council 13 created by the department to implement the directives of 14 sections 135.163 and 135.164, and other entities to ensure 15 Alzheimer’s disease is appropriately addressed in the state. 16 (7) Secure public and private funding relating to dementia 17 to fulfill the duties specified under this chapter. 18 b. Convene a multidisciplinary advisory council. The 19 council shall assist and advise the department and the 20 coordinator; develop partnerships to provide coordination, 21 collaboration, and support for Alzheimer’s-related services 22 and programs throughout the state; and advocate on behalf of 23 persons with Alzheimer’s disease and their families. The 24 advisory council shall, at a minimum, include representation 25 from individuals with Alzheimer’s disease and their families; 26 caregivers and other providers of services and supports; 27 medical providers including primary and specialty care 28 providers, which shall include geriatricians, neurologists, 29 and others with expertise in Alzheimer’s disease; the 30 Alzheimer’s association; community-based organizations and 31 other organizations with interest or expertise in Alzheimer’s 32 disease; academic institutions and programs with a focus 33 on Alzheimer’s disease and dementia; and appropriate state 34 agencies including but not limited to the department on 35 -99- SF 446 (7) 85 pf/jp/jh 99/ 118
S.F. 446 aging, the department of human services, the department of 1 inspections and appeals, the department of public safety, and 2 the department of workforce development. The department shall 3 enlist private entities in providing staff support for the 4 council. 5 Sec. 90. REPEAL. Section 135.171, Code 2013, is repealed. 6 Sec. 91. INCORPORATION OF EXISTING STATE DUTIES. The 7 department of public health shall incorporate the requirements 8 specified in section 135.171, Code 2013, into the comprehensive 9 Alzheimer’s disease strategy developed and administered 10 pursuant to this division of this Act. 11 DIVISION XVIII 12 AREA HEALTH EDUCATION CENTERS 13 Sec. 92. NEW SECTION . 135.179 Area health education centers 14 fund. 15 An area health education centers fund is created in the 16 state treasury as a separate fund under the control of the 17 department. The department may receive appropriations, 18 contributions, grants, and in-kind contributions to support 19 the purposes of the fund. The fund shall be separate from the 20 general fund of the state and shall not be considered part of 21 the general fund of the state. The moneys in the fund shall 22 not be considered revenue of the state, but rather shall be 23 moneys of the fund. The moneys in the fund are appropriated 24 to the department to be distributed to a publicly owned acute 25 care teaching hospital located in a county with a population 26 over three hundred fifty thousand that shall subcontract 27 with health care entities that host regional area health 28 education centers to recruit and retain a skilled health care 29 workforce in rural and underserved areas of the state. The 30 funds distributed shall be used to provide the nonfederal 31 funding match requirement for receipt of federal grants for 32 area health education centers from the federal health resources 33 and services administration of the United States department of 34 health and human services and to assist with continuation of 35 -100- SF 446 (7) 85 pf/jp/jh 100/ 118
S.F. 446 existing educational health care programs and activities. The 1 moneys in the fund are not subject to section 8.33 and shall 2 not be transferred, used, obligated, appropriated, or otherwise 3 encumbered, except to provide for the purposes of this section. 4 Notwithstanding section 12C.7, subsection 2, interest or 5 earnings on moneys deposited in the fund shall be credited to 6 the fund. 7 Sec. 93. CODE EDITOR DIRECTIVE. The Code editor shall 8 create a new division in chapter 135 codifying section 135.179, 9 as enacted in this division of this Act, as the area health 10 education centers fund. 11 DIVISION XIX 12 MEDICAID BREAST AND CERVICAL CANCER 13 Sec. 94. Section 249A.3, subsection 2, paragraph a, 14 subparagraph (2), Code 2013, is amended to read as follows: 15 (2) (a) As provided under the federal Breast and Cervical 16 Cancer Prevention and Treatment Act of 2000, Pub. L. No. 17 106-354, women individuals who meet all of the following 18 criteria: 19 (i) Are not described in 42 U.S.C. § 1396a(a)(10)(A)(i). 20 (ii) Have not attained age sixty-five. 21 (iii) Have been screened for breast and cervical cancer 22 under the United States centers for disease control and 23 prevention breast and cervical cancer early detection program 24 established under 42 U.S.C. § 300k et seq., in accordance 25 with the requirements of 42 U.S.C. § 300n, and need treatment 26 for breast or cervical cancer. A woman An individual is 27 considered screened for breast and cervical cancer under this 28 subparagraph subdivision if the woman individual is screened 29 by any provider or entity, and the state grantee of the United 30 States centers for disease control and prevention funds under 31 Tit. XV of the federal Public Health Services Act has elected 32 to include screening activities by that provider or entity 33 as screening activities pursuant to Tit. XV of the federal 34 Public Health Services Act. This screening includes but is 35 -101- SF 446 (7) 85 pf/jp/jh 101/ 118
S.F. 446 not limited to breast or cervical cancer screenings or related 1 diagnostic services provided or funded by family planning or 2 centers, community health centers and breast cancer screenings 3 funded by the Susan G. Komen foundation which , or nonprofit 4 organizations, and the screenings or services are provided 5 to women individuals who meet the eligibility requirements 6 established by the state grantee of the United States centers 7 for disease control and prevention funds under Tit. XV of the 8 federal Public Health Services Act. 9 (iv) Are not otherwise covered under creditable coverage as 10 defined in 42 U.S.C. § 300gg(c). 11 (b) A woman An individual who meets the criteria of this 12 subparagraph (2) shall be presumptively eligible for medical 13 assistance. 14 Sec. 95. MEDICAID STATE PLAN AMENDMENT. The department of 15 human services shall submit a medical assistance state plan 16 amendment to the centers for Medicare and Medicaid services of 17 the United States department of health and human services to 18 provide for applicability of the federal Breast and Cervical 19 Cancer Prevention and Treatment Act of 2000, Pub. L. No. 20 106-354, to both men and women. The department shall implement 21 applicability of the program to both men and women upon receipt 22 of federal approval. 23 DIVISION XX 24 HEALTH AND LONG-TERM CARE 25 Sec. 96. Section 135.164, subsection 1, paragraph d, Code 26 2013, is amended by striking the paragraph. 27 Sec. 97. Section 135.164, subsection 4, Code 2013, is 28 amended by striking the subsection. 29 Sec. 98. COST PROJECTION REPORT —— STRATEGIC PLAN. The 30 department of public health shall develop cost projections 31 for implementing the strategic plan for health care delivery 32 infrastructure and health care workforce resources as specified 33 in section 135.164, and shall submit a report of such cost 34 projections and any recommendations to the individuals 35 -102- SF 446 (7) 85 pf/jp/jh 102/ 118
S.F. 446 identified in this Act for submission of reports by December 1 15, 2013. 2 DIVISION XXI 3 AUTISM SUPPORT PROGRAM 4 Sec. 99. NEW SECTION . 225D.1 Definitions. 5 As used in this chapter unless the context otherwise 6 requires: 7 1. “Applied behavioral analysis” , “autism service provider” , 8 “pharmacy care” , “psychiatric care” , “psychological care” , 9 “rehabilitative care” , “therapeutic care” , and “treatment plan” 10 mean the same as defined in section 514C.28. 11 2. “Autism” means autism spectrum disorders as defined in 12 section 514C.28. 13 3. “Autism support fund” or “fund” means the autism support 14 fund created in section 225D.2. 15 4. “Behavioral health treatment” means clinically relevant 16 counseling and treatment programs, including applied behavioral 17 analysis, that meet both of the following requirements: 18 a. Are necessary to develop, maintain, or restore, to the 19 maximum extent practicable, the functioning of an individual. 20 b. Are provided or supervised by a board-certified behavior 21 analyst or a licensed psychologist, as long as the psychologist 22 has commensurate education or training. 23 5. “Clinically relevant” means medically necessary and 24 resulting in the development, maintenance, or restoration, 25 to the maximum extent practicable, of the functioning of an 26 individual. 27 6. “Department” means the department of human services. 28 7. “Diagnostic assessment of autism spectrum disorders” means 29 medically necessary assessment, evaluations, or tests performed 30 by a licensed physician, licensed physician assistant, licensed 31 psychologist, or licensed registered nurse practitioner, with 32 expertise and special training in developmental disabilities or 33 autism, to diagnose whether an individual has autism. 34 8. “Eligible individual” means a child less than nine years 35 -103- SF 446 (7) 85 pf/jp/jh 103/ 118
S.F. 446 of age who has been diagnosed with autism based on a diagnostic 1 assessment of autism spectrum disorders, is not otherwise 2 eligible for coverage under the medical assistance program, is 3 not eligible for coverage under section 514C.28 or for private 4 insurance coverage, and whose household income does not exceed 5 four hundred percent of the federal poverty level. 6 9. “Federal poverty level” means the most recently revised 7 poverty income guidelines published by the United States 8 department of health and human services. 9 10. “Household income” means household income as determined 10 using the modified adjusted gross income methodology pursuant 11 to section 2002 of the federal Patient Protection and 12 Affordable Care Act, Pub. L. No. 111-148. 13 11. “Medical assistance” or “Medicaid” means assistance 14 provided under the medical assistance program pursuant to 15 chapter 249A. 16 12. “Regional autism assistance program” means the regional 17 autism assistance program created in section 256.35. 18 13. “Treatment of autism” means treatment that is 19 identified in a treatment plan and includes medically necessary 20 behavioral health treatment, pharmacy care, psychiatric care, 21 psychological care, rehabilitative care, and therapeutic care 22 that is one of the following: 23 a. Prescribed, ordered, or provided by a licensed 24 physician, licensed physician assistant, licensed psychologist, 25 licensed social worker, or licensed advanced registered nurse 26 practitioner. 27 b. Provided by an autism service provider. 28 c. Provided by a person, entity, or group that works under 29 the direction of an autism service provider. 30 Sec. 100. NEW SECTION . 225D.2 Autism support program —— 31 fund. 32 1. The department shall implement an autism support 33 program to provide payment for the treatment of autism for 34 eligible individuals. The department shall adopt rules, 35 -104- SF 446 (7) 85 pf/jp/jh 104/ 118
S.F. 446 including standards and guidelines pursuant to chapter 17A to 1 implement and administer the program. In adopting the rules, 2 standards, and guidelines for the program, the department shall 3 consult with and incorporate the recommendations of an expert 4 panel convened by the regional autism assistance program to 5 provide expert opinion on clinically relevant practices and 6 guidance on program implementation and administration. The 7 expert panel shall consist of families of individuals with 8 autism; educational, medical, and human services specialists, 9 professionals, and providers; and others with interest in or 10 expertise related to autism. The program shall be implemented 11 and administered in a manner so that payment for services 12 is available throughout the state, including in rural and 13 under-resourced areas. 14 2. At a minimum, the rules, standards, and guidelines for 15 the program shall address all of the following: 16 a. A maximum annual benefit amount for an eligible 17 individual of thirty-six thousand dollars. 18 b. A maximum of twenty-four months of applied behavioral 19 analysis treatment. 20 c. Notwithstanding the age limitation for an eligible 21 individual, a provision that if an eligible individual reaches 22 nine years of age prior to completion of the maximum applied 23 behavioral analysis treatment period specified in paragraph 24 “b” , the individual may complete such treatment in accordance 25 with the individual’s treatment plan, not to exceed the maximum 26 treatment period. 27 d. A graduated schedule for cost-sharing by an eligible 28 individual based on a percentage of the total benefit amount 29 expended for the eligible individual, annually. Cost-sharing 30 shall be applicable to eligible individuals with household 31 incomes at or above two hundred percent of the federal poverty 32 level in incrementally increased amounts up to a maximum of 33 ten percent. The rules shall provide a financial hardship 34 exemption from payment of the cost-sharing based on criteria 35 -105- SF 446 (7) 85 pf/jp/jh 105/ 118
S.F. 446 established by rule of the department. 1 e. Application, approval, compliance, and appeal processes 2 for eligible individuals as necessary to operate and manage the 3 program. 4 f. Enrollment, renewal, and reimbursement of claims 5 provisions for autism service providers participating in the 6 program. 7 g. A requirement of family engagement and participation as 8 part of the eligible individual’s treatment plan. 9 h. A requirement that the administrator of the program 10 utilize the regional autism assistance program to coordinate 11 interventions between eligible individuals and their families 12 receiving support through the autism support program with 13 appropriate medical, educational, and treatment providers, 14 including integrated health homes. The regional autism 15 assistance program shall provide for family navigation and 16 coordination and integration of services through the statewide 17 system of regional child health specialty clinics, utilizing 18 the community child health team model. As necessitated by 19 the availability of resources in the community where services 20 are delivered, telehealth may be used in delivering and 21 coordinating interventions with appropriate providers. To the 22 extent available and accessible to an eligible individual, 23 the eligible individual shall be enrolled in an integrated 24 health home that is an approved provider enrolled in the 25 medical assistance program. Health home services that are 26 covered services under the medical assistance program shall be 27 reimbursed under the autism support program at rates consistent 28 with those established under the medical assistance program. 29 i. Requirements related to review of treatment plans, 30 which may require review once every six months, subject to 31 utilization review requirements established by rule. A more 32 or less frequent review may be agreed upon by the eligible 33 individual and the licensed physician or licensed psychologist 34 developing the treatment plan. 35 -106- SF 446 (7) 85 pf/jp/jh 106/ 118
S.F. 446 j. Recognition of the results of a diagnostic assessment of 1 autism as valid for a period of not less than twelve months, 2 unless a licensed physician or licensed psychologist determines 3 that a more frequent assessment is necessary. 4 3. Moneys in the autism support fund created under 5 subsection 5 shall be expended only for eligible individuals 6 who are not eligible for coverage for the same treatment 7 services under the medical assistance program, section 514C.28, 8 or private insurance. Payment for treatment services through 9 the fund shall be limited to only those services that are 10 clinically relevant and only to the extent approved under the 11 guidelines established by rule of the department. 12 4. This section shall not be construed as granting an 13 entitlement for any program, service, or other support for 14 eligible individuals. Any state obligation to provide a 15 program, service, or other support pursuant to this section 16 is limited to the extent of the funds appropriated for the 17 purposes of the program. The department may establish a 18 waiting list or terminate participation of eligible individuals 19 if the department determines that moneys in the autism support 20 fund are insufficient to cover future claims for reimbursement 21 beyond ninety days. 22 5. a. An autism support fund is created in the state 23 treasury under the authority of the department. Moneys 24 appropriated to and all other moneys specified for deposit 25 in the fund shall be deposited in the fund and used for the 26 purposes of the program. 27 b. The fund shall be separate from the general fund of the 28 state and shall not be considered part of the general fund of 29 the state. The moneys in the fund shall not be considered 30 revenue of the state, but rather shall be funds of the autism 31 support program. The moneys deposited in the fund are not 32 subject to section 8.33 and shall not be transferred, used, 33 obligated, appropriated, or otherwise encumbered, except to 34 provide for the purposes of this section. Notwithstanding 35 -107- SF 446 (7) 85 pf/jp/jh 107/ 118
S.F. 446 section 12C.7, subsection 2, interest or earnings on moneys 1 deposited in the fund shall be credited to the fund. 2 c. The department shall adopt rules pursuant to chapter 17A 3 to administer the fund and reimbursements made from the fund. 4 d. Moneys in the fund are appropriated to the department and 5 shall be used by the department for the purposes of the autism 6 support program. The department shall be the administrator of 7 the fund for auditing purposes. 8 e. The department shall submit an annual report to the 9 governor and the general assembly no later than January 1 10 of each year that includes but is not limited to all of the 11 following: 12 (1) The total number of applications received under the 13 program for the immediately preceding fiscal year. 14 (2) The number of applications approved and the total amount 15 of funding expended for reimbursements under the program in the 16 immediately preceding fiscal year. 17 (3) The cost of administering the program in the immediately 18 preceding fiscal year. 19 (4) The number of eligible individuals on a waiting list, if 20 any, and the amount of funding necessary to reduce the existing 21 waiting list. 22 (5) Recommendations for any changes to the program. 23 Sec. 101. IMPLEMENTATION. 24 1. The department of human services shall implement the 25 autism support program within one hundred twenty days of 26 the effective date of this division of this Act, subject to 27 available funding. 28 2. Notwithstanding section 8.47 or any other provision of 29 law to the contrary, the department may utilize a sole-source 30 contract and utilize the managed care entity under contract 31 with the department to manage behavioral health services under 32 the medical assistance program to administer the program. 33 Total administrative costs of the program shall not exceed ten 34 percent of the funds expended through the program, annually. 35 -108- SF 446 (7) 85 pf/jp/jh 108/ 118
S.F. 446 Sec. 102. EFFECTIVE UPON ENACTMENT. This division of this 1 Act, being deemed of immediate importance, takes effect upon 2 enactment. 3 DIVISION XXII 4 DEPARTMENT OF HUMAN SERVICES —— CHILD, ADULT, AND FAMILY 5 SERVICES 6 Sec. 103. Section 225C.38, subsection 1, paragraph c, Code 7 2013, is amended to read as follows: 8 c. Except as provided in section 225C.41 , a family support 9 subsidy for a fiscal year shall be in an amount determined by 10 the department in consultation with the comprehensive family 11 support council created in section 225C.48 . The parent or 12 legal guardian receiving a family support subsidy may elect 13 to receive a payment amount which is less than the amount 14 determined in accordance with this paragraph. 15 Sec. 104. Section 225C.42, subsection 1, Code 2013, is 16 amended to read as follows: 17 1. The department shall conduct an annual evaluation of 18 the family support subsidy program in conjunction with the 19 comprehensive family support council and shall submit the 20 evaluation report with recommendations to the governor and 21 general assembly. The report shall be submitted on or before 22 October 30 and provide an evaluation of the latest completed 23 fiscal year. 24 Sec. 105. Section 225C.47, subsection 5, unnumbered 25 paragraph 1, Code 2013, is amended to read as follows: 26 The department shall design the program in consultation with 27 the comprehensive family support council created in section 28 225C.48 . The department shall adopt rules to implement the 29 program which provide for all of the following: 30 Sec. 106. Section 225C.49, subsection 4, Code 2013, is 31 amended to read as follows: 32 4. The department shall designate one individual whose sole 33 duties are to provide central coordination of the programs 34 under sections 225C.36 and 225C.47 and to work with the 35 -109- SF 446 (7) 85 pf/jp/jh 109/ 118
S.F. 446 comprehensive family support council to oversee development and 1 implementation of the programs. 2 Sec. 107. Section 239B.5, Code 2013, is amended by adding 3 the following new subsection: 4 NEW SUBSECTION . 4. a. The department shall implement 5 policies and procedures as necessary to comply with provisions 6 of the federal Middle Class Tax Relief and Job Creation Act 7 of 2012, Pub. L. No. 112-96, to prevent assistance provided 8 under this chapter from being used in any electronic benefit 9 transfer transaction in any liquor store; any casino, gambling 10 casino, or gaming establishment; or any retail establishment 11 which provides adult-oriented entertainment in which performers 12 disrobe or perform in an unclothed state for entertainment. 13 For purposes of this paragraph, the definitions found in the 14 federal Middle Class Tax Relief and Job Creation Act and 15 related rules and statutes apply. 16 b. Unless otherwise precluded by federal law or regulation, 17 policies and procedures implemented under this subsection shall 18 at a minimum impose the prohibition described in paragraph “a” 19 as a condition for continued eligibility for assistance under 20 this chapter. 21 c. The department may implement additional measures as may 22 be necessary to comply with federal regulations in implementing 23 paragraph “a” . 24 d. The department shall adopt rules as necessary to 25 implement this subsection. 26 Sec. 108. Section 239B.14, subsection 1, Code 2013, is 27 amended to read as follows: 28 1. a. An individual who obtains, or attempts to obtain, 29 or aids or abets an individual to obtain, by means of a 30 willfully false statement or representation, by knowingly 31 failing to disclose a material fact, or by impersonation, or 32 any fraudulent device, any assistance or other benefits under 33 this chapter to which the individual is not entitled, commits 34 a fraudulent practice. 35 -110- SF 446 (7) 85 pf/jp/jh 110/ 118
S.F. 446 b. An individual who accesses benefits provided under 1 this chapter in violation of any prohibition imposed by the 2 department pursuant to section 239B.5, subsection 4, commits 3 a fraudulent practice. 4 Sec. 109. Section 249A.3, subsection 1, Code 2013, is 5 amended by adding the following new paragraph: 6 NEW PARAGRAPH . v. Beginning January 1, 2014, is an 7 individual who meets all of the following requirements: 8 (1) Is under twenty-six years of age. 9 (2) Was in foster care under the responsibility of the state 10 on the date of attaining eighteen years of age or such higher 11 age to which foster care is provided. 12 (3) Was enrolled in the medical assistance program under 13 this chapter while in such foster care. 14 Sec. 110. Section 249A.3, subsection 2, paragraph a, 15 subparagraph (9), Code 2013, is amended by striking the 16 subparagraph. 17 Sec. 111. Section 249J.26, subsection 2, Code 2013, is 18 amended to read as follows: 19 2. This chapter is repealed October December 31, 2013. 20 Sec. 112. Section 514I.4, subsection 5, paragraph a, Code 21 2013, is amended by striking the paragraph. 22 Sec. 113. Section 514I.5, subsection 7, paragraph f, Code 23 2013, is amended to read as follows: 24 f. Review, in consultation with the department, and take 25 necessary steps to improve interaction between the program and 26 other public and private programs which provide services to the 27 population of eligible children. The board, in consultation 28 with the department, shall also develop and implement a plan 29 to improve the medical assistance program in coordination with 30 the hawk-i program, including but not limited to a provision to 31 coordinate eligibility between the medical assistance program 32 and the hawk-i program, and to provide for common processes 33 and procedures under both programs to reduce duplication and 34 bureaucracy. 35 -111- SF 446 (7) 85 pf/jp/jh 111/ 118
S.F. 446 Sec. 114. Section 514I.5, subsection 8, paragraphs b and f, 1 Code 2013, are amended by striking the paragraphs. 2 Sec. 115. Section 514I.7, subsection 2, paragraphs a and g, 3 Code 2013, are amended to read as follows: 4 a. Determine individual eligibility for program enrollment 5 based upon review of completed applications and supporting 6 documentation as prescribed by federal law and regulation, 7 using policies and procedures adopted by rule of the department 8 pursuant to chapter 17A . The administrative contractor shall 9 not enroll a child who has group health coverage , unless 10 expressly authorized by such rules . 11 g. Create and Utilize the department’s eligibility system 12 to maintain eligibility files that are compatible with the 13 data system of the department with pertinent eligibility 14 determination and ongoing enrollment information including , but 15 not limited to , data regarding beneficiaries, enrollment dates, 16 disenrollments, and annual financial redeterminations. 17 Sec. 116. Section 514I.7, subsection 2, paragraphs c, d, e, 18 f, and k, Code 2013, are amended by striking the paragraphs. 19 Sec. 117. Section 514I.8, subsection 1, Code 2013, is 20 amended to read as follows: 21 1. a. Effective July 1, 1998, and notwithstanding any 22 medical assistance program eligibility criteria to the 23 contrary, medical assistance shall be provided to, or on behalf 24 of, an eligible child under the age of nineteen whose family 25 income does not exceed one hundred thirty-three percent of the 26 federal poverty level, as defined by the most recently revised 27 poverty income guidelines published by the United States 28 department of health and human services. 29 b. Additionally, effective Effective July 1, 2000, and 30 notwithstanding any medical assistance program eligibility 31 criteria to the contrary, medical assistance shall be provided 32 to, or on behalf of, an eligible infant whose family income 33 does not exceed two hundred percent of the federal poverty 34 level, as defined by the most recently revised poverty income 35 -112- SF 446 (7) 85 pf/jp/jh 112/ 118
S.F. 446 guidelines published by the United States department of health 1 and human services. 2 c. Effective July 1, 2009, and notwithstanding any medical 3 assistance program eligibility criteria to the contrary, 4 medical assistance shall be provided to, or on behalf of, a 5 pregnant woman or an eligible child who is an infant and whose 6 family income is at or below three hundred percent of the 7 federal poverty level, as defined by the most recently revised 8 poverty income guidelines published by the United States 9 department of health and human services. 10 Sec. 118. Section 514I.8, subsection 2, paragraph c, Code 11 2013, is amended to read as follows: 12 c. Is a member of a family whose income does not exceed 13 three hundred percent of the federal poverty level, as defined 14 in 42 U.S.C. § 9902(2), including any revision required by 15 such section, and in accordance with the federal Children’s 16 Health Insurance Program Reauthorization Act of 2009, Pub. L. 17 No. 111-3. The modified adjusted gross income methodology 18 prescribed in section 2101 of the federal Patient Protection 19 and Affordable Care Act, Pub. L. No. 111-148, to determine 20 family income under this paragraph. 21 Sec. 119. Section 514I.8, subsections 3 and 4, Code 2013, 22 are amended to read as follows: 23 3. In accordance with the rules adopted by the board, 24 a child may be determined to be presumptively eligible for 25 the program pending a final eligibility determination. 26 Following final determination of eligibility by the 27 administrative contractor , a child shall be eligible for a 28 twelve-month period. At the end of the twelve-month period, 29 the administrative contractor shall conduct a review of the 30 circumstances of the eligible child’s family shall be conducted 31 to establish eligibility and cost sharing for the subsequent 32 twelve-month period. 33 4. Once an eligible child is enrolled in a plan, the 34 eligible child shall remain enrolled in the plan unless a 35 -113- SF 446 (7) 85 pf/jp/jh 113/ 118
S.F. 446 determination is made, according to criteria established by the 1 board, that the eligible child should be allowed to enroll in 2 another qualified child health plan or should be disenrolled. 3 An enrollee may request to change plans within ninety days of 4 initial enrollment for any reason and at any time for cause, as 5 defined in 42 C.F.R. § 438.56(d)(2). Otherwise, an enrollee 6 may change plan enrollment once a year on the enrollee’s 7 anniversary date. 8 Sec. 120. Section 514I.8, subsections 5 and 6, Code 2013, 9 are amended by striking the subsections. 10 Sec. 121. Section 514I.9, Code 2013, is amended to read as 11 follows: 12 514I.9 Program benefits. 13 1. Until June 30, 1999, the benefits provided under the 14 program shall be those benefits established by rule of the 15 board and in compliance with Tit. XXI of the federal Social 16 Security Act. 17 2. On or before June 30, 1999, the hawk-i board shall adopt 18 rules to amend the benefits package based upon review of the 19 results of the initial benefits package used. 20 3. Subsequent to June 30, 1999, the The hawk-i board shall 21 review the benefits package annually and shall determine 22 additions to or deletions from the benefits package offered. 23 The hawk-i board shall submit the recommendations to the 24 general assembly for any amendment to the benefits package. 25 4. 2. Benefits, in addition to those required by rule, may 26 be provided to eligible children by a participating insurer if 27 the benefits are provided at no additional cost to the state. 28 Sec. 122. REPEAL. Section 225C.48, Code 2013, is repealed. 29 Sec. 123. EFFECTIVE DATE. The following provision or 30 provisions of this Act take effect December 31, 2013: 31 1. The section of this Act amending section 249A.3, 32 subsection 2, paragraph “a”, subparagraph (9). 33 DIVISION XXIII 34 OPTIONS —— PERSONS WITH AGGRESSIVE OR PSYCHIATRIC BEHAVIORS 35 -114- SF 446 (7) 85 pf/jp/jh 114/ 118
S.F. 446 Sec. 124. FACILITY FOR PERSONS WITH AGGRESSIVE OR 1 PSYCHIATRIC BEHAVIORS —— COMMITTEE —— REPORT. 2 1. The department of inspections and appeals, in 3 conjunction with the department of human services, shall 4 establish and facilitate a committee of stakeholders to examine 5 options for designating a facility to provide care for persons 6 in this state who are sexually aggressive, combative, or have 7 unmet psychiatric needs. 8 2. The membership of the committee shall include but is not 9 limited to the following: 10 a. Representatives of the departments of inspections and 11 appeals, human services, corrections, and public health, the 12 department on aging, the state public defender, the office of 13 the citizens’ aide, the office of the state long-term care 14 resident’s advocate, and the judicial branch. 15 b. Consumers of services provided by long-term care 16 facilities and family members of consumers. 17 c. Representatives from leadingage Iowa, the Iowa health 18 care association, and the Iowa association of community 19 providers. 20 d. Direct care workers employed by long-term care 21 facilities. 22 e. Representatives from Iowa legal aid. 23 f. Representatives from AARP Iowa. 24 g. Representatives from the Iowa civil liberties union. 25 h. Other stakeholders as the department of inspections and 26 appeals and the department of human services deem appropriate. 27 3. The committee shall discuss whether a long-term care 28 facility, as defined in section 142D.2, should have the 29 ability to refuse admission to, or discharge, residents who 30 are sexually aggressive, combative, or have unmet psychiatric 31 needs. The committee shall consider options for establishment 32 of a facility to provide care for persons who are sexually 33 aggressive, combative, or have unmet psychiatric needs. The 34 committee shall identify the characteristics of residents 35 -115- SF 446 (7) 85 pf/jp/jh 115/ 118
S.F. 446 for such a facility, options for creating a new facility 1 to house such residents, options for the expansion of an 2 existing facility to house such residents, options for using 3 any alternative facilities for such residents, the workforce 4 and training necessary for the workforce in such facility, 5 options to qualify a facility for Medicaid reimbursement, cost 6 projections for any recommendations, and other information 7 deemed relevant by the department of inspections and appeals. 8 4. The committee shall provide a report detailing its 9 findings and recommendations to the governor and the general 10 assembly by December 15, 2013. 11 DIVISION XXIV 12 SPORTS INJURY PREVENTION 13 Sec. 125. MUNICIPAL YOUTH SPORTS INJURY PREVENTION STUDY 14 AND REPORT. 15 1. A municipal youth sports injury prevention study is 16 established to make recommendations regarding how cities can 17 most effectively prevent concussions and other sports-related 18 injuries in children participating in municipal youth 19 sports programs. The national center for sports safety is 20 requested to administer the study in coordination with the 21 department of public health and interested parties representing 22 cities, municipal youth sports programs, parents, coaches, 23 trainers, and other stakeholders. The study shall include 24 recommendations for safety equipment for participants and 25 training for employees and volunteers to be required by cities 26 as part of municipal youth sports programs. 27 2. The national center for sports safety is requested to 28 submit a report on its findings and recommendations to the 29 general assembly by January 10, 2014. 30 DIVISION XXV 31 SUICIDE PREVENTION 32 Sec. 126. Section 272.2, Code 2013, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 19. Adopt rules requiring individuals 35 -116- SF 446 (7) 85 pf/jp/jh 116/ 118
S.F. 446 applying for renewal of a license, certificate, authorization, 1 or statement of recognition issued by the board who provide 2 a service to students to undergo training on suicide 3 prevention and trauma-informed care prior to each renewal. In 4 coordination with the department of education, the department 5 of public health, and stakeholders, including but not limited 6 to mental health professionals, school administrators, school 7 nurses, and guidance counselors, the board shall select 8 qualified programs for such training. For purposes of this 9 subsection, “trauma-informed care” means services that are based 10 on an understanding of the vulnerabilities and triggers of 11 individuals who have experienced trauma, recognize the role 12 trauma has played in the lives of those individuals, recognize 13 the presence of trauma symptoms and their onset, are supportive 14 of trauma recovery, and avoid further traumatization. 15 DIVISION XXVI 16 IOWACARE —— ACCOUNT FOR HEALTH CARE TRANSFORMATION 17 Sec. 127. Section 249J.8, subsection 1, paragraph k, Code 18 2013, is amended to read as follows: 19 k. Premiums collected under this subsection shall be 20 deposited in the premiums subaccount of the IowaCare account 21 for health care transformation created pursuant to section 22 249J.23 249J.24 . 23 Sec. 128. Section 249J.23, subsection 1, Code 2013, is 24 amended to read as follows: 25 1. An account for health care transformation is created 26 in the state treasury under the authority of the department. 27 Moneys received from sources including but not limited to 28 appropriations from the general fund of the state, grants, 29 and contributions shall be deposited in the account. The 30 account shall include a separate premiums subaccount. Revenue 31 generated through payment of premiums by expansion population 32 members as required pursuant to section 249J.8 shall be 33 deposited in the separate premiums subaccount within the 34 account. 35 -117- SF 446 (7) 85 pf/jp/jh 117/ 118
S.F. 446 Sec. 129. Section 249J.24, subsection 1, Code 2013, is 1 amended to read as follows: 2 1. An IowaCare account is created in the state treasury 3 under the authority of the department of human services. 4 Moneys appropriated from the general fund of the state to the 5 account, moneys received as federal financial participation 6 funds under the expansion population provisions of this 7 chapter and credited to the account, moneys received for 8 disproportionate share hospitals and credited to the account, 9 moneys received for graduate medical education and credited to 10 the account, proceeds distributed from the county treasurer as 11 specified in subsection 4 , revenue generated through payment 12 of premiums pursuant to section 249J.8, and moneys from 13 any other source credited to the account shall be deposited 14 in the account. Moneys deposited in or credited to the 15 account shall be used only as provided in appropriations or 16 distributions from the account for the purposes specified in 17 the appropriation or distribution. Moneys in the account shall 18 be appropriated to the university of Iowa hospitals and clinics 19 and to a publicly owned acute care teaching hospital located in 20 a county with a population over three hundred fifty thousand 21 for the purposes provided in the federal law making the funds 22 available or as specified in the state appropriation and shall 23 be distributed as determined by the department. 24 -118- SF 446 (7) 85 pf/jp/jh 118/ 118