Senate File 2418 - Reprinted SENATE FILE 2418 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SSB 3222) (As Amended and Passed by the Senate May 4, 2018 ) A BILL FOR An Act relating to appropriations for health and human 1 services and veterans and including other related provisions 2 and appropriations, providing penalties, and including 3 effective date and retroactive and other applicability date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 SF 2418 (2) 87 pf/rn/jh
S.F. 2418 DIVISION I 1 DEPARTMENT ON AGING —— FY 2018-2019 2 Section 1. 2017 Iowa Acts, chapter 174, section 40, 3 unnumbered paragraphs 1 and 2, are amended to read as follows: 4 There is appropriated from the general fund of the state 5 to the department on aging for the fiscal year beginning July 6 1, 2018, and ending June 30, 2019, the following amount, or 7 so much thereof as is necessary, to be used for the purposes 8 designated: 9 For aging programs for the department on aging and area 10 agencies on aging to provide citizens of Iowa who are 60 years 11 of age and older with case management for frail elders, Iowa’s 12 aging and disabilities resource center, and other services 13 which may include but are not limited to adult day services, 14 respite care, chore services, information and assistance, 15 and material aid, for information and options counseling for 16 persons with disabilities who are 18 years of age or older, 17 and for salaries, support, administration, maintenance, and 18 miscellaneous purposes, and for not more than the following 19 full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,521,238 21 11,042,924 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 23 Sec. 2. 2017 Iowa Acts, chapter 174, section 40, subsections 24 2, 4, 5, 6, and 7, are amended to read as follows: 25 2. Of the funds appropriated in this section, $139,973 26 $279,946 is transferred to the economic development authority 27 for the Iowa commission on volunteer services to be used for 28 the retired and senior volunteer program. 29 4. Of the funds appropriated in this section, at least 30 $125,000 shall be used to fund the unmet needs identified 31 through Iowa’s aging and disability resource center network. 32 5. Of the funds appropriated in this section, at 33 least $300,000 $600,000 shall be used to fund home and 34 community-based services through the area agencies on aging 35 -1- SF 2418 (2) 87 pf/rn/jh 1/ 112
S.F. 2418 that enable older individuals to avoid more costly utilization 1 of residential or institutional services and remain in their 2 own homes. 3 6. Of the funds appropriated in this section, $406,268 4 $812,537 shall be used for the purposes of chapter 231E and 5 section 231.56A , of which $175,000 shall be used for the office 6 of substitute decision maker pursuant to chapter 231E , and the 7 remainder shall be distributed equally to the area agencies on 8 aging to administer the prevention of elder abuse, neglect, and 9 exploitation program pursuant to section 231.56A , in accordance 10 with the requirements of the federal Older Americans Act of 11 1965, 42 U.S.C. §3001 et seq., as amended. 12 7. Of the funds appropriated in this section, $375,000 13 $1,000,000 shall be used to fund continuation of the aging 14 and disability resource center lifelong links to provide 15 individuals and caregivers with information and services to 16 plan for and maintain independence. 17 Sec. 3. 2017 Iowa Acts, chapter 174, section 40, subsection 18 8, is amended by striking the subsection. 19 Sec. 4. 2017 Iowa Acts, chapter 174, section 40, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION . 9. Of the funds appropriated in this 22 section, $100,000 shall be used by the department on aging, 23 in collaboration with the department of human services and 24 affected stakeholders, to design a pilot initiative to provide 25 long-term care options counseling utilizing support planning 26 protocols, to assist non-Medicaid eligible consumers who 27 indicate a preference to return to the community and are 28 deemed appropriate for discharge, to return to their community 29 following a nursing facility stay. The department on aging 30 shall submit the design plan as well as recommendations for 31 legislation necessary to administer the initiative, including 32 but not limited to legislation to allow the exchange of contact 33 information for nursing facility residents appropriate for 34 discharge planning, to the governor and the general assembly by 35 -2- SF 2418 (2) 87 pf/rn/jh 2/ 112
S.F. 2418 December 15, 2018. 1 DIVISION II 2 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2018-2019 3 Sec. 5. 2017 Iowa Acts, chapter 174, section 41, is amended 4 to read as follows: 5 SEC. 41. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is 6 appropriated from the general fund of the state to the office 7 of long-term care ombudsman for the fiscal year beginning July 8 1, 2018, and ending June 30, 2019, the following amount, or 9 so much thereof as is necessary, to be used for the purposes 10 designated: 11 For salaries, support, administration, maintenance, and 12 miscellaneous purposes, and for not more than the following 13 full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 580,140 15 1,149,821 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 17 DIVISION III 18 DEPARTMENT OF PUBLIC HEALTH —— FY 2018-2019 19 Sec. 6. 2017 Iowa Acts, chapter 174, section 42, subsections 20 1, 2, 3, 4, 5, 6, 7, and 8, are amended to read as follows: 21 1. ADDICTIVE DISORDERS 22 For reducing the prevalence of the use of tobacco, alcohol, 23 and other drugs, and treating individuals affected by addictive 24 behaviors, including gambling, and for not more than the 25 following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,492,915 27 24,804,344 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 29 11.00 30 a. (1) Of the funds appropriated in this subsection, 31 $2,010,612 $4,021,225 shall be used for the tobacco use 32 prevention and control initiative, including efforts at the 33 state and local levels, as provided in chapter 142A . The 34 commission on tobacco use prevention and control established 35 -3- SF 2418 (2) 87 pf/rn/jh 3/ 112
S.F. 2418 pursuant to section 142A.3 shall advise the director of 1 public health in prioritizing funding needs and the allocation 2 of moneys appropriated for the programs and initiatives. 3 Activities of the programs and initiatives shall be in 4 alignment with the United States centers for disease control 5 and prevention best practices for comprehensive tobacco control 6 programs that include the goals of preventing youth initiation 7 of tobacco usage, reducing exposure to secondhand smoke, 8 and promotion of tobacco cessation. To maximize resources, 9 the department shall determine if third-party sources are 10 available to instead provide nicotine replacement products 11 to an applicant prior to provision of such products to an 12 applicant under the initiative. The department shall track and 13 report to the individuals specified in this Act, any reduction 14 in the provision of nicotine replacement products realized 15 by the initiative through implementation of the prerequisite 16 screening. 17 (2) (a) The department shall collaborate with the 18 alcoholic beverages division of the department of commerce for 19 enforcement of tobacco laws, regulations, and ordinances and to 20 engage in tobacco control activities approved by the division 21 of tobacco use prevention and control of the department of 22 public health as specified in the memorandum of understanding 23 entered into between the divisions. 24 (b) For the fiscal year beginning July 1, 2018, and ending 25 June 30, 2019, the terms of the memorandum of understanding, 26 entered into between the division of tobacco use prevention 27 and control of the department of public health and the 28 alcoholic beverages division of the department of commerce, 29 governing compliance checks conducted to ensure licensed retail 30 tobacco outlet conformity with tobacco laws, regulations, and 31 ordinances relating to persons under 18 years of age, shall 32 continue to restrict the number of such checks to one check per 33 retail outlet, and one additional check for any retail outlet 34 found to be in violation during the first check. 35 -4- SF 2418 (2) 87 pf/rn/jh 4/ 112
S.F. 2418 b. Of the funds appropriated in this subsection, 1 $10,482,303 $20,783,119 shall be used for problem gambling and 2 substance-related disorder prevention, treatment, and recovery 3 services, including a 24-hour helpline, public information 4 resources, professional training, youth prevention, and program 5 evaluation. 6 c. The requirement of section 123.17, subsection 5 , is met 7 by the appropriations and allocations made in this division of 8 this Act for purposes of substance-related disorder treatment 9 and addictive disorders for the fiscal year beginning July 1, 10 2018. 11 d. The department of public health, in collaboration with 12 the department of human services, shall engage a stakeholder 13 workgroup to review reimbursement provisions applicable 14 to substance use disorder services providers. The issues 15 considered by the workgroup shall include but are not limited 16 to the adequacy of reimbursement provisions including for 17 both outpatient and residential treatment, whether it is 18 appropriate to rebase reimbursement, whether there is equity in 19 reimbursement compared to the reimbursement methodologies used 20 for providers of similar behavioral health services, and access 21 to substance use disorder services providers including whether 22 the designated number of community mental health centers in the 23 state is sufficient. The workgroup shall review the reports 24 of previous workgroups including those authorized in 2014 Iowa 25 Acts, chapter 1140, section 3, subsection 1, and shall report 26 the workgroup’s findings and recommendations to the general 27 assembly on or before December 15, 2018. 28 2. HEALTHY CHILDREN AND FAMILIES 29 For promoting the optimum health status for children, 30 adolescents from birth through 21 years of age, and families, 31 and for not more than the following full-time equivalent 32 positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,662,816 34 5,820,625 35 -5- SF 2418 (2) 87 pf/rn/jh 5/ 112
S.F. 2418 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 13.00 1 a. Of the funds appropriated in this subsection, not 2 more than $367,420 $734,841 shall be used for the healthy 3 opportunities for parents to experience success (HOPES)-healthy 4 families Iowa (HFI) program established pursuant to section 5 135.106 . The funding shall be distributed to renew the grants 6 that were provided to the grantees that operated the program 7 during the fiscal year ending June 30, 2018. 8 b. In order to implement the legislative intent stated in 9 sections 135.106 and 256I.9 , that priority for home visitation 10 program funding be given to programs using evidence-based or 11 promising models for home visitation, it is the intent of the 12 general assembly to phase in the funding priority in accordance 13 with 2012 Iowa Acts, chapter 1133, section 2, subsection 2, 14 paragraph “0b” . 15 c. Of the funds appropriated in this subsection, $1,537,550 16 $3,075,101 shall be used for continuation of the department’s 17 initiative to provide for adequate developmental surveillance 18 and screening during a child’s first five years. The funds 19 shall be used first to fully fund the current sites to ensure 20 that the sites are fully operational, with the remaining 21 funds to be used for expansion to additional sites. The full 22 implementation and expansion shall include enhancing the scope 23 of the initiative through collaboration with the child health 24 specialty clinics to promote healthy child development through 25 early identification and response to both biomedical and social 26 determinants of healthy development; by monitoring child 27 health metrics to inform practice, document long-term health 28 impacts and savings, and provide for continuous improvement 29 through training, education, and evaluation; and by providing 30 for practitioner consultation particularly for children with 31 behavioral conditions and needs. The department of public 32 health shall also collaborate with the Iowa Medicaid enterprise 33 and the child health specialty clinics to integrate the 34 activities of the first five initiative into the establishment 35 -6- SF 2418 (2) 87 pf/rn/jh 6/ 112
S.F. 2418 of patient-centered medical homes, community utilities, 1 accountable care organizations, and other integrated care 2 models developed to improve health quality and population 3 health while reducing health care costs. To the maximum extent 4 possible, funding allocated in this paragraph shall be utilized 5 as matching funds for medical assistance program reimbursement. 6 d. Of the funds appropriated in this subsection, $32,320 7 $64,640 shall be distributed to a statewide dental carrier to 8 provide funds to continue the donated dental services program 9 patterned after the projects developed by the lifeline network 10 to provide dental services to indigent individuals who are 11 elderly or with disabilities. 12 e. Of the funds appropriated in this subsection, $78,241 13 $156,482 shall be used to provide audiological services and 14 hearing aids for children. The department may enter into a 15 contract to administer this paragraph. 16 f. Of the funds appropriated in this subsection, $11,500 17 $23,000 is 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 g. Of the funds appropriated in this subsection, $25,000 25 $50,000 shall be used to address youth suicide prevention. 26 h. Of the funds appropriated in this subsection, $20,255 27 $40,511 shall be used to support the Iowa effort to address the 28 survey of children who experience adverse childhood experiences 29 known as ACEs. 30 i. The department of public health shall continue to 31 administer the program to assist parents in this state with 32 costs resulting from the death of a child in accordance with 33 the provisions of 2014 Iowa Acts, chapter 1140, section 22, 34 subsection 12 . 35 -7- SF 2418 (2) 87 pf/rn/jh 7/ 112
S.F. 2418 j. Of the funds appropriated in this subsection, up to 1 $494,993 shall be used for childhood obesity prevention. 2 3. CHRONIC CONDITIONS 3 For serving individuals identified as having chronic 4 conditions or special health care needs, and for not more than 5 the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,085,375 7 4,528,109 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 9 9.00 10 a. Of the funds appropriated in this subsection, $76,877 11 $153,755 shall be used for grants to individual patients who 12 have an inherited metabolic disorder to assist with the costs 13 of medically necessary foods and formula. 14 b. Of the funds appropriated in this subsection, $510,397 15 $1,055,291 shall be used for the brain injury services program 16 pursuant to section 135.22B , including for contracting with an 17 existing nationally affiliated and statewide organization whose 18 purpose is to educate, serve, and support Iowans with brain 19 injury and their families for resource facilitator services 20 in accordance with section 135.22B, subsection 9 , and for 21 contracting to enhance brain injury training and recruitment 22 of service providers on a statewide basis. Of the amount 23 allocated in this paragraph, $47,500 $95,000 shall be used to 24 fund one full-time equivalent position to serve as the state 25 brain injury services program manager. 26 c. Of the funds appropriated in this subsection, $72,048 27 $144,097 shall be used for the public purpose of continuing 28 to contract with an existing national-affiliated organization 29 to provide education, client-centered programs, and client 30 and family support for people living with epilepsy and their 31 families. The amount allocated in this paragraph in excess 32 of $50,000 $100,000 shall be matched dollar-for-dollar by the 33 organization specified. 34 d. Of the funds appropriated in this subsection, $404,775 35 -8- SF 2418 (2) 87 pf/rn/jh 8/ 112
S.F. 2418 $809,550 shall be used for child health specialty clinics. 1 e. Of the funds appropriated in this subsection, 2 $192,276 $384,552 shall be used by the regional autism 3 assistance program established pursuant to section 256.35 , 4 and administered by the child health specialty clinic located 5 at the university of Iowa hospitals and clinics. The funds 6 shall be used to enhance interagency collaboration and 7 coordination of educational, medical, and other human services 8 for persons with autism, their families, and providers of 9 services, including delivering regionalized services of care 10 coordination, family navigation, and integration of services 11 through the statewide system of regional child health specialty 12 clinics and fulfilling other requirements as specified in 13 chapter 225D . The university of Iowa shall not receive funds 14 allocated under this paragraph for indirect costs associated 15 with the regional autism assistance program. 16 f. Of the funds appropriated in this subsection, $288,687 17 $577,375 shall be used for the comprehensive cancer control 18 program to reduce the burden of cancer in Iowa through 19 prevention, early detection, effective treatment, and ensuring 20 quality of life. Of the funds allocated in this paragraph “f”, 21 $75,000 $150,000 shall be used to support a melanoma research 22 symposium, a melanoma biorepository and registry, basic and 23 translational melanoma research, and clinical trials. 24 g. Of the funds appropriated in this subsection, $48,766 25 $97,532 shall be used for cervical and colon cancer screening, 26 and $88,860 $177,720 shall be used to enhance the capacity of 27 the cervical cancer screening program to include provision 28 of recommended prevention and early detection measures to a 29 broader range of low-income women. 30 h. Of the funds appropriated in this subsection, $253,177 31 $506,355 shall be used for the center for congenital and 32 inherited disorders. 33 i. Of the funds appropriated in this subsection, $107,631 34 $225,263 shall be used by the department of public health 35 -9- SF 2418 (2) 87 pf/rn/jh 9/ 112
S.F. 2418 for reform-related activities, including but not limited to 1 facilitation of communication to stakeholders at the state and 2 local level, administering the patient-centered health advisory 3 council pursuant to section 135.159 , and involvement in health 4 care system innovation activities occurring across the state. 5 j. Of the funds appropriated in this subsection, $11,050 6 $322,100 shall be used for administration of chapter 124D 124E , 7 the medical cannabidiol Act. 8 4. COMMUNITY CAPACITY 9 For strengthening the health care delivery system at the 10 local level, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,453,888 13 4,970,152 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 15 a. Of the funds appropriated in this subsection, $47,787 16 $95,575 is allocated for continuation of the child vision 17 screening program implemented through the university of Iowa 18 hospitals and clinics in collaboration with early childhood 19 Iowa areas. The program shall submit a report to the 20 individuals identified in this Act for submission of reports 21 regarding the use of funds allocated under this paragraph 22 “a”. The report shall include the objectives and results for 23 the program year including the target population and how the 24 funds allocated assisted the program in meeting the objectives; 25 the number, age, and location within the state of individuals 26 served; the type of services provided to the individuals 27 served; the distribution of funds based on service provided; 28 and the continuing needs of the program. 29 b. Of the funds appropriated in this subsection, $52,828 is 30 allocated for continuation of an initiative implemented at the 31 university of Iowa to expand and improve the workforce engaged 32 in mental health treatment and services. The initiative shall 33 receive input from the university of Iowa, the department of 34 human services, the department of public health, and the mental 35 -10- SF 2418 (2) 87 pf/rn/jh 10/ 112
S.F. 2418 health and disability services commission to address the focus 1 of the initiative. 2 c. Of the funds appropriated in this section, $41,657 shall 3 be deposited in the governmental public health system fund 4 created in section 135A.8 to be used for the purposes of the 5 fund. 6 d. Of the funds appropriated in this subsection, $24,034 7 $48,069 shall be used for a grant to a statewide association 8 of psychologists that is affiliated with the American 9 psychological association to be used for continuation of a 10 program to rotate intern psychologists in placements in urban 11 and rural mental health professional shortage areas, as defined 12 in section 135.180 . 13 e. Of the funds appropriated in this subsection, the 14 following amounts are allocated to be used as follows to 15 support the Iowa collaborative safety net provider network 16 goals of increased access, health system integration, and 17 engagement. 18 (1) Not less than $260,931 $542,829 is allocated to the 19 Iowa prescription drug corporation for continuation of the 20 pharmaceutical infrastructure for safety net providers as 21 described in 2007 Iowa Acts, chapter 218, section 108 , and for 22 the prescription drug donation repository program created in 23 chapter 135M . 24 (2) Not less than $167,435 $334,870 is allocated to free 25 clinics and free clinics of Iowa for necessary infrastructure, 26 statewide coordination, provider recruitment, service delivery, 27 and provision of assistance to patients in securing a medical 28 home inclusive of oral health care. 29 (3) Not less than $12,500 $25,000 is allocated to the 30 Iowa association of rural health clinics for necessary 31 infrastructure and service delivery transformation. 32 (4) Not less than $50,000 $205,493 is allocated to the 33 Polk county medical society for continuation of the safety net 34 provider patient access to a specialty health care initiative 35 -11- SF 2418 (2) 87 pf/rn/jh 11/ 112
S.F. 2418 as described in 2007 Iowa Acts, chapter 218, section 109 . 1 f. Of the funds appropriated in this subsection, $38,115 2 $15,000 shall be used by the department in implementing 3 the recommendations in the final report submitted by the 4 direct care worker advisory council to the governor and the 5 general assembly in March 2012, including by continuing to 6 develop, promote, and make available on a statewide basis the 7 prepare-to-care core curriculum and its associated modules 8 and specialties through various formats including online 9 access, community colleges, and other venues; exploring new and 10 maintaining existing specialties including but not limited to 11 oral health and dementia care; supporting instructor training; 12 and assessing and making recommendations concerning the Iowa 13 care book and information technology systems and infrastructure 14 uses and needs. 15 g. Of the funds appropriated in this subsection, $95,594 16 $176,188 shall be allocated for continuation of the contract 17 with an independent statewide direct care worker organization 18 previously selected through a request for proposals process. 19 The contract shall continue to include performance and outcomes 20 measures, and shall continue to allow the contractor to use a 21 portion of the funds received under the contract to collect 22 data to determine results based on the performance and outcomes 23 measures. 24 h. Of the funds appropriated in this subsection, the 25 department may use up to $29,087 $58,175 for up to one 26 full-time equivalent position to administer the volunteer 27 health care provider program pursuant to section 135.24 . 28 i. Of the funds appropriated in this subsection, $48,069 29 $96,138 shall be used for a matching dental education loan 30 repayment program to be allocated to a dental nonprofit health 31 service corporation to continue to develop the criteria and 32 implement the loan repayment program. 33 j. Of the funds appropriated in this subsection, $26,455 is 34 transferred to the college student aid commission for deposit 35 -12- SF 2418 (2) 87 pf/rn/jh 12/ 112
S.F. 2418 in the rural Iowa primary care trust fund created in section 1 261.113 to be used for the purposes of the fund. 2 k. Of the funds appropriated in this subsection, $75,000 3 $100,000 shall be used for the purposes of the Iowa donor 4 registry as specified in section 142C.18 . 5 l. Of the funds appropriated in this subsection, $48,069 6 $96,138 shall be used for continuation of a grant to a 7 nationally affiliated volunteer eye organization that has an 8 established program for children and adults and that is solely 9 dedicated to preserving sight and preventing blindness through 10 education, nationally certified vision screening and training, 11 and community and patient service programs. The organization 12 shall submit a report to the individuals identified in this 13 Act for submission of reports regarding the use of funds 14 allocated under this paragraph “l”. The report shall include 15 the objectives and results for the program year including 16 the target population and how the funds allocated assisted 17 the program in meeting the objectives; the number, age, and 18 location within the state of individuals served; the type of 19 services provided to the individuals served; the distribution 20 of funds based on services provided; and the continuing needs 21 of the program. 22 m. Of the funds appropriated in this subsection, $436,327 23 $2,000,000 shall be deposited in the medical residency training 24 account created in section 135.175, subsection 5 , paragraph 25 “a”, and is appropriated from the account to the department 26 of public health to be used for the purposes of the medical 27 residency training state matching grants program as specified 28 in section 135.176 . 29 n. Of the funds appropriated in this subsection, $250,000 30 shall be used for the public purpose of providing funding to 31 Des Moines university to establish a provider education project 32 to provide primary care physicians with the training and skills 33 necessary to recognize signs of mental illness in patients. 34 5. ESSENTIAL PUBLIC HEALTH SERVICES 35 -13- SF 2418 (2) 87 pf/rn/jh 13/ 112
S.F. 2418 To provide public health services that reduce risks and 1 invest in promoting and protecting good health over the 2 course of a lifetime with a priority given to older Iowans and 3 vulnerable populations: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,098,939 5 7,662,464 6 6. INFECTIOUS DISEASES 7 For reducing the incidence and prevalence of communicable 8 diseases, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 823,213 11 1,796,426 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 13 7. PUBLIC PROTECTION 14 For protecting the health and safety of the public through 15 establishing standards and enforcing regulations, and for not 16 more than the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,097,569 18 4,095,139 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 138.00 20 141.00 21 a. Of the funds appropriated in this subsection, not more 22 than $152,350 $304,700 shall be credited to the emergency 23 medical services fund created in section 135.25 . Moneys in 24 the emergency medical services fund are appropriated to the 25 department to be used for the purposes of the fund. 26 b. Of the funds appropriated in this subsection, up 27 to $121,630 $243,260 shall be used for sexual violence 28 prevention programming through a statewide organization 29 representing programs serving victims of sexual violence 30 through the department’s sexual violence prevention program, 31 and for continuation of a training program for sexual assault 32 response team (SART) members, including representatives of 33 law enforcement, victim advocates, prosecutors, and certified 34 medical personnel. The amount allocated in this paragraph “b” 35 -14- SF 2418 (2) 87 pf/rn/jh 14/ 112
S.F. 2418 shall not be used to supplant funding administered for other 1 sexual violence prevention or victims assistance programs. 2 c. Of the funds appropriated in this subsection, up to 3 $287,813 $500,000 shall be used for the state poison control 4 center. Pursuant to the directive under 2014 Iowa Acts, 5 chapter 1140, section 102 , the federal matching funds available 6 to the state poison control center from the department of human 7 services under the federal Children’s Health Insurance Program 8 Reauthorization Act allotment shall be subject to the federal 9 administrative cap rule of 10 percent applicable to funding 10 provided under Tit. XXI of the federal Social Security Act and 11 included within the department’s calculations of the cap. 12 d. Of the funds appropriated in this subsection, up to 13 $258,491 $504,796 shall be used for childhood lead poisoning 14 provisions. 15 8. RESOURCE MANAGEMENT 16 For establishing and sustaining the overall ability of the 17 department to deliver services to the public, and for not more 18 than the following full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 485,607 20 971,215 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 22 Sec. 7. 2017 Iowa Acts, chapter 174, section 42, subsections 23 10 and 11, are amended by striking the subsections. 24 DIVISION IV 25 DEPARTMENT OF VETERANS AFFAIRS —— FY 2018-2019 26 Sec. 8. 2017 Iowa Acts, chapter 174, section 43, is amended 27 to read as follows: 28 SEC. 43. DEPARTMENT OF VETERANS AFFAIRS. There is 29 appropriated from the general fund of the state to the 30 department of veterans affairs for the fiscal year beginning 31 July 1, 2018, and ending June 30, 2019, the following amounts, 32 or so much thereof as is necessary, to be used for the purposes 33 designated: 34 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 35 -15- SF 2418 (2) 87 pf/rn/jh 15/ 112
S.F. 2418 For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 571,278 4 1,150,500 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 6 2. IOWA VETERANS HOME 7 For salaries, support, maintenance, and miscellaneous 8 purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,614,070 10 7,162,976 11 a. The Iowa veterans home billings involving the department 12 of human services shall be submitted to the department on at 13 least a monthly basis. 14 b. Within available resources and in conformance with 15 associated state and federal program eligibility requirements, 16 the Iowa veterans home may implement measures to provide 17 financial assistance to or on behalf of veterans or their 18 spouses who are participating in the community reentry program. 19 d. The Iowa veterans home shall continue to include in the 20 annual discharge report applicant information and to provide 21 for the collection of demographic information including but not 22 limited to the number of individuals applying for admission and 23 admitted or denied admittance and the basis for the admission 24 or denial; the age, gender, and race of such individuals; 25 and the level of care for which such individuals applied for 26 admission including residential or nursing level of care. 27 3. 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 33 2,000,000 34 Sec. 9. 2017 Iowa Acts, chapter 174, section 44, is amended 35 -16- SF 2418 (2) 87 pf/rn/jh 16/ 112
S.F. 2418 to read as follows: 1 SEC. 44. LIMITATION OF COUNTY COMMISSIONS OF VETERAN 2 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 3 standing appropriation in section 35A.16 for the fiscal year 4 beginning July 1, 2018, and ending June 30, 2019, the amount 5 appropriated from the general fund of the state pursuant to 6 that section for the following designated purposes shall not 7 exceed the following amount: 8 For the county commissions of veteran affairs fund under 9 section 35A.16 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 473,962 11 990,000 12 DIVISION V 13 DEPARTMENT OF HUMAN SERVICES —— FY 2018-2019 14 Sec. 10. 2017 Iowa Acts, chapter 174, section 45, is amended 15 to read as follows: 16 SEC. 45. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 17 GRANT. There is appropriated from the fund created in section 18 8.41 to the department of human services for the fiscal year 19 beginning July 1, 2018, and ending June 30, 2019, from moneys 20 received under the federal temporary assistance for needy 21 families (TANF) block grant pursuant to the federal Personal 22 Responsibility and Work Opportunity Reconciliation Act of 1996, 23 Pub. L. No. 104-193, and successor legislation, the following 24 amounts, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 1. To be credited to the family investment program account 27 and used for assistance under the family investment program 28 under chapter 239B : 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,556,231 30 4,539,006 31 2. To be credited to the family investment program account 32 and used for the job opportunities and basic skills (JOBS) 33 program and implementing family investment agreements in 34 accordance with chapter 239B : 35 -17- SF 2418 (2) 87 pf/rn/jh 17/ 112
S.F. 2418 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,787,846 1 5,412,060 2 3. To be used for the family development and 3 self-sufficiency grant program in accordance with section 4 216A.107 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 6 2,883,980 7 Notwithstanding section 8.33 , moneys appropriated in this 8 subsection that remain unencumbered or unobligated at the close 9 of the fiscal year shall not revert but shall remain available 10 for expenditure for the purposes designated until the close of 11 the succeeding fiscal year. However, unless such moneys are 12 encumbered or obligated on or before September 30, 2019, the 13 moneys shall revert. 14 4. For field operations: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 16 31,296,232 17 5. For general administration: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 19 3,744,000 20 6. For state child care assistance: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,933,413 22 47,166,826 23 a. Of the funds appropriated in this subsection, 24 $13,164,048 $26,205,412 is transferred to the child care 25 and development block grant appropriation made by the 26 Eighty-seventh General Assembly, 2018 session, for the federal 27 fiscal year beginning October 1, 2018, and ending September 28 30, 2019. Of this amount, $100,000 $200,000 shall be used 29 for provision of educational opportunities to registered 30 child care home providers in order to improve services and 31 programs offered by this category of providers and to increase 32 the number of providers. The department may contract with 33 institutions of higher education or child care resource and 34 referral centers to provide the educational opportunities. 35 -18- SF 2418 (2) 87 pf/rn/jh 18/ 112
S.F. 2418 Allowable administrative costs under the contracts shall not 1 exceed 5 percent. The application for a grant shall not exceed 2 two pages in length. 3 b. Any funds appropriated in this subsection remaining 4 unallocated shall be used for state child care assistance 5 payments for families who are employed including but not 6 limited to individuals enrolled in the family investment 7 program. 8 7. For child and family services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,190,327 10 32,380,654 11 8. For child abuse prevention grants: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 13 125,000 14 9. For pregnancy prevention grants on the condition that 15 family planning services are funded: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 17 1,913,203 18 Pregnancy prevention grants shall be awarded to programs 19 in existence on or before July 1, 2018, if the programs have 20 demonstrated positive outcomes. Grants shall be awarded to 21 pregnancy prevention programs which are developed after July 22 1, 2018, if the programs are based on existing models that 23 have demonstrated positive outcomes. Grants shall comply with 24 the requirements provided in 1997 Iowa Acts, chapter 208, 25 section 14, subsections 1 and 2 , including the requirement that 26 grant programs must emphasize sexual abstinence. Priority in 27 the awarding of grants shall be given to programs that serve 28 areas of the state which demonstrate the highest percentage of 29 unplanned pregnancies of females of childbearing age within the 30 geographic area to be served by the grant. 31 10. For technology needs and other resources necessary 32 to meet federal welfare reform reporting, tracking, and case 33 management requirements: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 35 -19- SF 2418 (2) 87 pf/rn/jh 19/ 112
S.F. 2418 1,037,186 1 11. a. Notwithstanding any provision to the contrary, 2 including but not limited to requirements in section 8.41 or 3 provisions in 2017 or 2018 Iowa Acts regarding the receipt and 4 appropriation of federal block grants, federal funds from the 5 temporary assistance for needy families block grant received 6 by the state and not otherwise appropriated in this section 7 and remaining available for the fiscal year beginning July 1, 8 2018, are appropriated to the department of human services to 9 the extent as may be necessary to be used in the following 10 priority order: the family investment program, for state child 11 care assistance program payments for families who are employed, 12 and for the family investment program share of system costs 13 to develop and maintain a new, integrated for eligibility 14 determination system and related functions . The federal funds 15 appropriated in this paragraph “a” shall be expended only after 16 all other funds appropriated in subsection 1 for assistance 17 under the family investment program, in subsection 6 for child 18 care assistance, or in subsection 10 for technology costs 19 related to the family investment program, as applicable, have 20 been expended. For the purposes of this subsection, the funds 21 appropriated in subsection 6, paragraph “a”, for transfer 22 to the child care and development block grant appropriation 23 are considered fully expended when the full amount has been 24 transferred. 25 b. The department shall, on a quarterly basis, advise the 26 legislative services agency and department of management of 27 the amount of funds appropriated in this subsection that was 28 expended in the prior quarter. 29 12. Of the amounts appropriated in this section, $6,481,004 30 $12,962,008 for the fiscal year beginning July 1, 2018, is 31 transferred to the appropriation of the federal social services 32 block grant made to the department of human services for that 33 fiscal year. 34 13. For continuation of the program providing categorical 35 -20- SF 2418 (2) 87 pf/rn/jh 20/ 112
S.F. 2418 eligibility for the food assistance program as specified 1 for the program in the section of this division of this Act 2 relating to the family investment program account: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 4 14,236 5 14. The department may transfer funds allocated in this 6 section to the appropriations made in this division of this Act 7 for the same fiscal year for general administration and field 8 operations for resources necessary to implement and operate the 9 services referred to in this section and those funded in the 10 appropriation made in this division of this Act for the same 11 fiscal year for the family investment program from the general 12 fund of the state. 13 15. With the exception of moneys allocated under this 14 section for the family development and self-sufficiency grant 15 program, to the extent moneys allocated in this section are 16 deemed by the department not to be necessary to support the 17 purposes for which they are allocated, such moneys may be 18 credited used in the same fiscal year for any other purpose 19 for which funds are allocated in this section or in section 7 20 of this division for the family investment program account. 21 If there are conflicting needs, priority shall first be given 22 to the family investment program account as specified under 23 subsection 1 of this section and used for the purposes of 24 assistance under the family investment program under chapter 25 239B in the same fiscal year , followed by state child care 26 assistance program payments for families who are employed, 27 followed by other priorities as specified by the department . 28 Sec. 11. 2017 Iowa Acts, chapter 174, section 46, subsection 29 4, is amended to read as follows: 30 4. Moneys appropriated in this division of this Act and 31 credited to the FIP account for the fiscal year beginning July 32 1, 2018, and ending June 30, 2019, are allocated as follows: 33 a. To be retained by the department of human services to 34 be used for coordinating with the department of human rights 35 -21- SF 2418 (2) 87 pf/rn/jh 21/ 112
S.F. 2418 to more effectively serve participants in FIP and other shared 1 clients and to meet federal reporting requirements under the 2 federal temporary assistance for needy families block grant: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 4 5,000 5 b. To the department of human rights for staffing, 6 administration, and implementation of the family development 7 and self-sufficiency grant program in accordance with section 8 216A.107 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,096,417 10 6,192,834 11 (1) Of the funds allocated for the family development 12 and self-sufficiency grant program in this paragraph “b”, 13 not more than 5 percent of the funds shall be used for the 14 administration of the grant program. 15 (2) The department of human rights may continue to implement 16 the family development and self-sufficiency grant program 17 statewide during fiscal year 2018-2019. 18 (3) The department of human rights may engage in activities 19 to strengthen and improve family outcomes measures and 20 data collection systems under the family development and 21 self-sufficiency grant program. 22 c. For the diversion subaccount of the FIP account: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,500 24 749,694 25 A portion of the moneys allocated for the subaccount may 26 be used for field operations, salaries, data management 27 system development, and implementation costs and support 28 deemed necessary by the director of human services in order to 29 administer the FIP diversion program. To the extent moneys 30 allocated in this paragraph “c” are deemed by the department 31 not to be necessary to support diversion activities, such 32 moneys may be used for other efforts intended to increase 33 engagement by family investment program participants in work, 34 education, or training activities, or for the purposes of 35 -22- SF 2418 (2) 87 pf/rn/jh 22/ 112
S.F. 2418 assistance under the family investment program in accordance 1 with chapter 239B . 2 d. For the food assistance employment and training program: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 4 66,588 5 (1) The department shall apply the federal supplemental 6 nutrition assistance program (SNAP) employment and training 7 state plan in order to maximize to the fullest extent permitted 8 by federal law the use of the 50 percent federal reimbursement 9 provisions for the claiming of allowable federal reimbursement 10 funds from the United States department of agriculture 11 pursuant to the federal SNAP employment and training program 12 for providing education, employment, and training services 13 for eligible food assistance program participants, including 14 but not limited to related dependent care and transportation 15 expenses. 16 (2) The department shall continue the categorical federal 17 food assistance program eligibility at 160 percent of the 18 federal poverty level and continue to eliminate the asset test 19 from eligibility requirements, consistent with federal food 20 assistance program requirements. The department shall include 21 as many food assistance households as is allowed by federal 22 law. The eligibility provisions shall conform to all federal 23 requirements including requirements addressing individuals who 24 are incarcerated or otherwise ineligible. 25 e. For the JOBS program: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,761,645 27 12,139,821 28 Sec. 12. 2017 Iowa Acts, chapter 174, section 46, is amended 29 by adding the following new subsection: 30 NEW SUBSECTION . 7. The department of human services shall 31 convene a workgroup to review opportunities to increase state 32 engagement in the supplemental nutrition assistance program 33 (SNAP) employment and training program. The workgroup shall 34 explore the feasibility of expansion of the current pilot 35 -23- SF 2418 (2) 87 pf/rn/jh 23/ 112
S.F. 2418 program to a statewide basis, the potential involvement of 1 community-based organizations to the extent allowed by federal 2 law, and the leveraging of state and private funding to match 3 available federal funds. The membership of the workgroup 4 shall include representatives of the department of human 5 services, community colleges, community-based organizations 6 serving SNAP recipients, philanthropic organizations, and other 7 stakeholders with relevant interest or expertise as determined 8 by the department. The workgroup shall submit a report of its 9 findings and recommendations to the governor and the general 10 assembly by December 15, 2018. 11 Sec. 13. 2017 Iowa Acts, chapter 174, section 47, unnumbered 12 paragraph 2, is amended to read as follows: 13 To be credited to the family investment program (FIP) 14 account and used for family investment program assistance under 15 chapter 239B : 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,502,240 17 40,365,715 18 Sec. 14. 2017 Iowa Acts, chapter 174, section 47, 19 subsections 1, 2, 4, and 5, are amended to read as follows: 20 1. Of the funds appropriated in this section, $3,973,798 21 $6,727,761 is allocated for the JOBS program. 22 2. Of the funds appropriated in this section, $1,656,927 23 $3,313,854 is allocated for the family development and 24 self-sufficiency grant program. 25 4. Of the funds appropriated in this section, $97,839 26 $195,678 shall be used for continuation of a grant to an 27 Iowa-based nonprofit organization with a history of providing 28 tax preparation assistance to low-income Iowans in order to 29 expand the usage of the earned income tax credit. The purpose 30 of the grant is to supply this assistance to underserved areas 31 of the state. 32 5. Of the funds appropriated in this section, $30,000 33 $70,000 shall be used for the continuation of an unfunded pilot 34 project the parenting program , as defined specified in 441 IAC 35 -24- SF 2418 (2) 87 pf/rn/jh 24/ 112
S.F. 2418 100.1 100 , relating to parental obligations, in which the child 1 support recovery unit participates, to support the efforts 2 of a nonprofit organization committed to strengthening the 3 community through youth development, healthy living, and social 4 responsibility headquartered in a county with a population 5 over 350,000 according to the latest certified federal 6 census. The funds allocated in this subsection shall be used 7 by the recipient organization to develop a larger community 8 effort, through public and private partnerships, to support a 9 broad-based multi-county fatherhood parenthood initiative that 10 promotes payment of child support obligations, improved family 11 relationships, and full-time employment. 12 Sec. 15. 2017 Iowa Acts, chapter 174, section 48, unnumbered 13 paragraph 2, is amended to read as follows: 14 For child support recovery, including salaries, support, 15 maintenance, and miscellaneous purposes, and for not more than 16 the following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,293,317 18 14,586,635 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 459.00 20 Sec. 16. 2017 Iowa Acts, chapter 174, section 48, subsection 21 1, is amended to read as follows: 22 1. The department shall expend up to $12,164 $24,329 , 23 including federal financial participation, for the fiscal year 24 beginning July 1, 2018, for a child support public awareness 25 campaign. The department and the office of the attorney 26 general shall cooperate in continuation of the campaign. The 27 public awareness campaign shall emphasize, through a variety 28 of media activities, the importance of maximum involvement of 29 both parents in the lives of their children as well as the 30 importance of payment of child support obligations. 31 Sec. 17. 2017 Iowa Acts, chapter 174, section 48, subsection 32 4, is amended by striking the subsection. 33 Sec. 18. 2017 Iowa Acts, chapter 174, section 51, unnumbered 34 paragraph 2, is amended to read as follows: 35 -25- SF 2418 (2) 87 pf/rn/jh 25/ 112
S.F. 2418 For medical assistance program reimbursement and associated 1 costs as specifically provided in the reimbursement 2 methodologies in effect on June 30, 2018, except as otherwise 3 expressly authorized by law, consistent with options under 4 federal law and regulations, and contingent upon receipt of 5 approval from the office of the governor of reimbursement for 6 each abortion performed under the program: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 642,202,870 8 1,337,841,375 9 Sec. 19. 2017 Iowa Acts, chapter 174, section 51, 10 subsections 3, 4, 5, 6, 7, 8, 14, 17, 18, and 19, are amended 11 to read as follows: 12 3. The department shall utilize not more than $30,000 13 $60,000 of the funds appropriated in this section to continue 14 the AIDS/HIV health insurance premium payment program as 15 established in 1992 Iowa Acts, Second Extraordinary Session, 16 chapter 1001, section 409, subsection 6 . Of the funds 17 allocated in this subsection, not more than $2,500 $5,000 may 18 be expended for administrative purposes. 19 4. Of the funds appropriated in this Act to the 20 department of public health for addictive disorders, $475,000 21 $950,000 for the fiscal year beginning July 1, 2018, is 22 transferred to the department of human services for an 23 integrated substance-related disorder managed care system. 24 The departments of human services and public health shall 25 work together to maintain the level of mental health and 26 substance-related disorder treatment services provided by the 27 managed care contractors. Each department shall take the steps 28 necessary to continue the federal waivers as necessary to 29 maintain the level of services. 30 5. a. The department shall aggressively pursue options for 31 providing medical assistance or other assistance to individuals 32 with special needs who become ineligible to continue receiving 33 services under the early and periodic screening, diagnostic, 34 and treatment program under the medical assistance program 35 -26- SF 2418 (2) 87 pf/rn/jh 26/ 112
S.F. 2418 due to becoming 21 years of age who have been approved for 1 additional assistance through the department’s exception to 2 policy provisions, but who have health care needs in excess 3 of the funding available through the exception to policy 4 provisions. 5 b. Of the funds appropriated in this section, $50,000 6 $100,000 shall be used for participation in one or more 7 pilot projects operated by a private provider to allow the 8 individual or individuals to receive service in the community 9 in accordance with principles established in Olmstead v. 10 L.C., 527 U.S. 581 (1999), for the purpose of providing 11 medical assistance or other assistance to individuals with 12 special needs who become ineligible to continue receiving 13 services under the early and periodic screening, diagnostic, 14 and treatment program under the medical assistance program 15 due to becoming 21 years of age who have been approved for 16 additional assistance through the department’s exception to 17 policy provisions, but who have health care needs in excess 18 of the funding available through the exception to the policy 19 provisions. 20 6. Of the funds appropriated in this section, up to 21 $1,525,041 $3,050,082 may be transferred to the field 22 operations or general administration appropriations in this 23 division of this Act for operational costs associated with Part 24 D of the federal Medicare Prescription Drug Improvement and 25 Modernization Act of 2003, Pub. L. No. 108-173. 26 7. Of the funds appropriated in this section, up to 27 $221,050 $442,100 may be transferred to the appropriation in 28 this division of this Act for medical contracts to be used 29 for clinical assessment services and prior authorization of 30 services. 31 8. A portion of the funds appropriated in this section 32 may be transferred to the appropriations in this division of 33 this Act for general administration, medical contracts, the 34 children’s health insurance program, or field operations to be 35 -27- SF 2418 (2) 87 pf/rn/jh 27/ 112
S.F. 2418 used for the state match cost to comply with the payment error 1 rate measurement (PERM) program for both the medical assistance 2 and children’s health insurance programs as developed by the 3 centers for Medicare and Medicaid services of the United States 4 department of health and human services to comply with the 5 federal Improper Payments Information Act of 2002, Pub. L. 6 No. 107-300 , and to support other reviews and quality control 7 activities to improve the integrity of these programs . 8 14. Of the funds appropriated in this section, $174,505 9 $349,011 shall be used for the administration of the health 10 insurance premium payment program, including salaries, support, 11 maintenance, and miscellaneous purposes. 12 17. a. Of the funds appropriated in this section, up 13 to $25,000 $50,000 may be transferred by the department to 14 the appropriation made in this division of this Act to the 15 department for the same fiscal year for general administration 16 to be used for associated administrative expenses and for not 17 more than one full-time equivalent position, in addition to 18 those authorized for the same fiscal year, to be assigned to 19 implementing the children’s mental health home project. 20 b. Of the funds appropriated in this section, up to 21 $200,000 $400,000 may be transferred by the department to 22 the appropriation made to the department in this division of 23 this Act for the same fiscal year for Medicaid program-related 24 general administration planning and implementation activities. 25 The funds may be used for contracts or for personnel in 26 addition to the amounts appropriated for and the positions 27 authorized for general administration for the fiscal year. 28 c. Of the funds appropriated in this section, up to 29 $1,500,000 $3,000,000 may be transferred by the department 30 to the appropriations made in this division of this Act 31 for the same fiscal year for general administration or 32 medical contracts to be used to support the development 33 and implementation of standardized assessment tools for 34 persons with mental illness, an intellectual disability, a 35 -28- SF 2418 (2) 87 pf/rn/jh 28/ 112
S.F. 2418 developmental disability, or a brain injury. 1 18. Of the funds appropriated in this section, $75,000 2 $150,000 shall be used for lodging expenses associated with 3 care provided at the university of Iowa hospitals and clinics 4 for patients with cancer whose travel distance is 30 miles or 5 more and whose income is at or below 200 percent of the federal 6 poverty level as defined by the most recently revised poverty 7 income guidelines published by the United States department of 8 health and human services. The department of human services 9 shall establish the maximum number of overnight stays and the 10 maximum rate reimbursed for overnight lodging, which may be 11 based on the state employee rate established by the department 12 of administrative services. The funds allocated in this 13 subsection shall not be used as nonfederal share matching 14 funds. 15 19. Of the funds appropriated in this section, up to 16 $1,691,940 $3,383,880 shall be used for administration of the 17 state family planning services program as enacted in this 2017 18 Act, and of this amount the department may use to up $100,000 19 up to $200,000 for administrative expenses. 20 Sec. 20. 2017 Iowa Acts, chapter 174, section 51, is amended 21 by adding the following new subsections: 22 NEW SUBSECTION . 22. Of the funds appropriated in this 23 section, $195,000 shall be used by the department of human 24 services through a request for proposals process to establish 25 a partnership between the university of Iowa hospitals 26 and clinics and a durable medical equipment provider and 27 manufacturer to provide new, refurbished, or repaired durable 28 medical equipment to Medicaid members in the state. Such 29 durable medical equipment provider and manufacturer shall be 30 authorized as a Medicaid provider in the state on or after 31 April 1, 2018, and shall have the capability to provide 32 assessments for customized wheelchairs, manufacture bathing aid 33 equipment and mobility bathing aids, offer in-home care, and 34 sell durable medical equipment at cost in Iowa and online. 35 -29- SF 2418 (2) 87 pf/rn/jh 29/ 112
S.F. 2418 NEW SUBSECTION . 23. The department of human services shall 1 expand Medicaid coverage to provide care for young adults with 2 complex medical conditions in a special population nursing 3 facility as specified by rule of the department pursuant to 4 this subsection. The department shall adopt rules pursuant to 5 chapter 17A to expand the criteria for a special population 6 nursing facility under the Medicaid program to include a 7 nursing facility that serves residents, 100 percent of whom are 8 aged 30 and under and require the skilled level of care, and to 9 include a nursing facility that serves residents, 100 percent 10 of whom require care from a facility licensed by the department 11 of inspections and appeals as an intermediate care facility 12 for persons with medical complexity as defined by rule of the 13 department. 14 NEW SUBSECTION . 24. Consistent with the informational 15 bulletin published May 9, 2017, by the centers for Medicare and 16 Medicaid services of the United States department of health and 17 human services, in implementing the regulation that finalized 18 criteria for home and community-based settings appropriate for 19 provision of home and community-based services, the department 20 of human services shall continue progress with the statewide 21 transition plan to be approved by March 17, 2019, but shall 22 extend the transition period to demonstrate compliance with 23 the home and community-based settings criteria until March 17, 24 2022, for those settings to which a transition period applies. 25 NEW SUBSECTION . 25. The department of human services shall 26 utilize $3,000,000 of the funds appropriated under this section 27 to adjust current supported community living provider daily 28 rate cells under the tiered rate reimbursement methodology 29 effective with dates of service beginning July 1, 2018. The 30 department shall work with the Medicaid program actuary to 31 evaluate the current tiered rates and the tiered rates phase-in 32 plan to determine the necessary apportionment of such funds. 33 In addition, the department, working with the Medicaid program 34 actuary, shall review the current tiered rates and the tiered 35 -30- SF 2418 (2) 87 pf/rn/jh 30/ 112
S.F. 2418 rates phase-in plan and shall propose recommendations for any 1 changes. The department shall convene the tiered rate provider 2 workgroup initially convened in the fiscal year beginning July 3 1, 2016, to review the actuarial findings and recommendations. 4 The tiered rates may be adjusted based upon the actuarial 5 findings and recommendations if such adjustments are budget 6 neutral. A report of the actuarial findings, recommendations, 7 and comments provided by the tiered rate provider workgroup 8 shall be submitted to the governor and the general assembly by 9 December 15, 2018. If additional funding is appropriated to 10 implement the recommendations, the additional funding shall be 11 incorporated into the managed care organization capitation rate 12 setting process for the fiscal year beginning July 1, 2019. 13 NEW SUBSECTION . 26. The department of human services shall 14 review all current Medicaid fee schedules and shall submit a 15 report to the governor and the general assembly by January 15, 16 2019, regarding how the current rates compare to the equivalent 17 Medicare fee schedules or other appropriate reimbursement 18 methodologies for specific services and including a plan for 19 phased-in implementation of any changes. 20 NEW SUBSECTION . 27. Of the funds appropriated in this 21 section, $1,545,530 shall be used and may be transferred to 22 other appropriations in this division of this Act as necessary 23 to administer the provisions in the division of this Act 24 relating to Medicaid program administration. 25 NEW SUBSECTION . 28. Of the funds appropriated in this 26 section, $876,015 shall be used and may be transferred to other 27 appropriations in this division of this Act as necessary to 28 administer the provisions of 2018 Iowa Acts, House File 2456, 29 as enacted. 30 Sec. 21. 2017 Iowa Acts, chapter 174, section 52, is amended 31 to read as follows: 32 SEC. 52. MEDICAL CONTRACTS. There is appropriated from the 33 general fund of the state to the department of human services 34 for the fiscal year beginning July 1, 2018, and ending June 30, 35 -31- SF 2418 (2) 87 pf/rn/jh 31/ 112
S.F. 2418 2019, the following amount, or so much thereof as is necessary, 1 to be used for the purpose designated: 2 For medical contracts: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,813,232 4 16,603,198 5 1. The department of inspections and appeals shall 6 provide all state matching funds for survey and certification 7 activities performed by the department of inspections 8 and appeals. The department of human services is solely 9 responsible for distributing the federal matching funds for 10 such activities. 11 2. Of the funds appropriated in this section, $25,000 12 $50,000 shall be used for continuation of home and 13 community-based services waiver quality assurance programs, 14 including the review and streamlining of processes and policies 15 related to oversight and quality management to meet state and 16 federal requirements. 17 3. Of the amount appropriated in this section, up to 18 $100,000 $200,000 may be transferred to the appropriation 19 for general administration in this division of this Act to 20 be used for additional full-time equivalent positions in the 21 development of key health initiatives such as cost containment, 22 development and oversight of managed care programs, and 23 development of health strategies targeted toward improved 24 quality and reduced costs in the Medicaid program. 25 4. Of the funds appropriated in this section, $500,000 26 $1,000,000 shall be used for planning and development, 27 in cooperation with the department of public health, of a 28 phased-in program to provide a dental home for children. 29 5. Of the funds appropriated in this section, 30 $475,000 $573,000 shall be credited to the autism support 31 program fund created in section 225D.2 to be used for the 32 autism support program created in chapter 225D , with the 33 exception of the following amounts of this allocation which 34 shall be used as follows: 35 -32- SF 2418 (2) 87 pf/rn/jh 32/ 112
S.F. 2418 a. Of the funds allocated in this subsection, $125,000 1 shall be deposited in the board-certified behavior analyst and 2 board-certified assistant behavior analyst grants program fund 3 created in section 135.181 , to be used for the purposes of the 4 fund. 5 b. Of the funds allocated in this subsection, $12,500 6 $25,000 shall be used for the public purpose of continuation 7 of a grant to a nonprofit provider of child welfare services 8 provider headquartered that has been in existence for more than 9 115 years, is located in a county with a population between 10 205,000 200,000 and 215,000 in 220,000 according to the latest 11 certified federal census that provides multiple services 12 including but not limited to , is licensed as a psychiatric 13 medical institution for children, shelter, residential 14 treatment, after school programs, and provides school-based 15 programming, and an Asperger’s syndrome program, to be used for 16 support services for children with autism spectrum disorder and 17 their families. 18 c. Of the funds allocated in this subsection, $12,500 19 shall be used for the public purpose of continuing a grant to 20 a hospital-based provider headquartered in a county with a 21 population between 90,000 and 95,000 in the latest certified 22 federal census that provides multiple services including 23 but not limited to diagnostic, therapeutic, and behavioral 24 services to individuals with autism spectrum disorder across 25 one’s lifespan. The grant recipient shall utilize the funds 26 to continue the pilot project to determine the necessary 27 support services for children with autism spectrum disorder and 28 their families to be included in the children’s disabilities 29 services system. The grant recipient shall submit findings and 30 recommendations based upon the results of the pilot project 31 to the individuals specified in this division of this Act for 32 submission of reports by December 31, 2018. 33 Sec. 22. 2017 Iowa Acts, chapter 174, section 53, unnumbered 34 paragraph 2, is amended to read as follows: 35 -33- SF 2418 (2) 87 pf/rn/jh 33/ 112
S.F. 2418 For the state supplementary assistance program: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,186,329 2 10,250,873 3 Sec. 23. 2017 Iowa Acts, chapter 174, section 53, is amended 4 by adding the following new subsection: 5 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 6 appropriated in this section that remain unencumbered or 7 unobligated at the close of the fiscal year shall not revert 8 but shall remain available for expenditure for the purposes 9 designated until the close of the succeeding fiscal year. 10 Sec. 24. 2017 Iowa Acts, chapter 174, section 54, is amended 11 to read as follows: 12 SEC. 54. CHILDREN’S HEALTH INSURANCE PROGRAM. 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, 2018, and ending June 30, 2019, the following 16 amount, or so much thereof as is necessary, to be used for the 17 purpose designated: 18 For maintenance of the healthy and well kids in Iowa (hawk-i) 19 program pursuant to chapter 514I , including supplemental dental 20 services, for receipt of federal financial participation under 21 Tit. XXI of the federal Social Security Act, which creates the 22 children’s health insurance program: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,259,226 24 7,064,057 25 2. Of the funds appropriated in this section, $21,400 26 $42,800 is allocated for continuation of the contract for 27 outreach with the department of public health. 28 Sec. 25. 2017 Iowa Acts, chapter 174, section 55, unnumbered 29 paragraph 2, is amended to read as follows: 30 For child care programs: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,671,808 32 40,816,931 33 Sec. 26. 2017 Iowa Acts, chapter 174, section 55, 34 subsections 1 and 4, are amended to read as follows: 35 -34- SF 2418 (2) 87 pf/rn/jh 34/ 112
S.F. 2418 1. Of the funds appropriated in this section, $16,746,808 1 $34,966,931 shall be used for state child care assistance in 2 accordance with section 237A.13 . 3 4. Of the funds appropriated in this section, $2,925,000 4 $5,850,000 shall be credited to the early childhood programs 5 grants account in the early childhood Iowa fund created 6 in section 256I.11 . The moneys shall be distributed for 7 funding of community-based early childhood programs targeted 8 to children from birth through five years of age developed 9 by early childhood Iowa areas in accordance with approved 10 community plans as provided in section 256I.8 . 11 Sec. 27. 2017 Iowa Acts, chapter 174, section 56, is amended 12 to read as follows: 13 SEC. 56. JUVENILE INSTITUTION. There is appropriated 14 from the general fund of the state to the department of human 15 services for the fiscal year beginning July 1, 2018, and ending 16 June 30, 2019, the following amounts, or so much thereof as is 17 necessary, to be used for the purposes designated: 18 1. For operation of the state training school at Eldora and 19 for salaries, support, maintenance, and miscellaneous purposes, 20 and for not more than the following full-time equivalent 21 positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,675,221 23 12,762,443 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 189.00 25 Of the funds appropriated in this subsection, $45,575 26 $91,150 shall be used for distribution to licensed classroom 27 teachers at this and other institutions under the control of 28 the department of human services based upon the average student 29 yearly enrollment at each institution as determined by the 30 department. 31 2. A portion of the moneys appropriated in this section 32 shall be used by the state training school at Eldora for 33 grants for adolescent pregnancy prevention activities at the 34 institution in the fiscal year beginning July 1, 2018. 35 -35- SF 2418 (2) 87 pf/rn/jh 35/ 112
S.F. 2418 3. Of the funds appropriated in this subsection, $212,000 1 shall be used by the state training school at Eldora for a 2 substance use disorder treatment program at the institution in 3 the fiscal year beginning July 1, 2018. 4 Sec. 28. 2017 Iowa Acts, chapter 174, section 57, is amended 5 to read as follows: 6 SEC. 57. CHILD AND FAMILY SERVICES. 7 1. There is appropriated from the general fund of the 8 state to the department of human services for the fiscal year 9 beginning July 1, 2018, and ending June 30, 2019, the following 10 amount, or so much thereof as is necessary, to be used for the 11 purpose designated: 12 For child and family services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,639,687 14 84,939,774 15 2. The department may transfer funds appropriated in this 16 section as necessary to pay the nonfederal costs of services 17 reimbursed under the medical assistance program, state child 18 care assistance program, or the family investment program which 19 are provided to children who would otherwise receive services 20 paid under the appropriation in this section. The department 21 may transfer funds appropriated in this section to the 22 appropriations made in this division of this Act for general 23 administration and for field operations for resources necessary 24 to implement and operate the services funded in this section. 25 3. a. Of the funds appropriated in this section, up 26 to $17,868,324 $34,536,648 is allocated as the statewide 27 expenditure target under section 232.143 for group foster care 28 maintenance and services. If the department projects that such 29 expenditures for the fiscal year will be less than the target 30 amount allocated in this paragraph “a”, the department may 31 reallocate the excess to provide additional funding for shelter 32 care or the child welfare emergency services addressed with the 33 allocation for shelter care. 34 b. If at any time after September 30, 2018, annualization 35 -36- SF 2418 (2) 87 pf/rn/jh 36/ 112
S.F. 2418 of a service area’s current expenditures indicates a service 1 area is at risk of exceeding its group foster care expenditure 2 target under section 232.143 by more than 5 percent, the 3 department and juvenile court services shall examine all 4 group foster care placements in that service area in order to 5 identify those which might be appropriate for termination. 6 In addition, any aftercare services believed to be needed 7 for the children whose placements may be terminated shall be 8 identified. The department and juvenile court services shall 9 initiate action to set dispositional review hearings for the 10 placements identified. In such a dispositional review hearing, 11 the juvenile court shall determine whether needed aftercare 12 services are available and whether termination of the placement 13 is in the best interest of the child and the community. 14 4. In accordance with the provisions of section 232.188 , 15 the department shall continue the child welfare and juvenile 16 justice funding initiative during fiscal year 2018-2019. Of 17 the funds appropriated in this section, $858,876 $1,717,753 18 is allocated specifically for expenditure for fiscal year 19 2018-2019 through the decategorization services funding pools 20 and governance boards established pursuant to section 232.188 . 21 5. A portion of the funds appropriated in this section 22 may be used for emergency family assistance to provide other 23 resources required for a family participating in a family 24 preservation or reunification project or successor project to 25 stay together or to be reunified. 26 6. Notwithstanding section 234.35 or any other provision 27 of law to the contrary, state funding for shelter care and 28 the child welfare emergency services contracting implemented 29 to provide for or prevent the need for shelter care shall be 30 limited to $4,048,079 $8,096,158 . 31 7. Federal funds received by the state during the fiscal 32 year beginning July 1, 2018, as the result of the expenditure 33 of state funds appropriated during a previous state fiscal 34 year for a service or activity funded under this section are 35 -37- SF 2418 (2) 87 pf/rn/jh 37/ 112
S.F. 2418 appropriated to the department to be used as additional funding 1 for services and purposes provided for under this section. 2 Notwithstanding section 8.33 , moneys received in accordance 3 with this subsection that remain unencumbered or unobligated at 4 the close of the fiscal year shall not revert to any fund but 5 shall remain available for the purposes designated until the 6 close of the succeeding fiscal year. 7 8. a. Of the funds appropriated in this section, up to 8 $1,645,000 $3,290,000 is allocated for the payment of the 9 expenses of court-ordered services provided to juveniles 10 who are under the supervision of juvenile court services, 11 which expenses are a charge upon the state pursuant to 12 section 232.141, subsection 4 . Of the amount allocated in 13 this paragraph “a”, up to $778,143 $1,556,287 shall be made 14 available to provide school-based supervision of children 15 adjudicated under chapter 232 , of which not more than $7,500 16 $15,000 may be used for the purpose of training. A portion of 17 the cost of each school-based liaison officer shall be paid by 18 the school district or other funding source as approved by the 19 chief juvenile court officer. 20 b. Of the funds appropriated in this section, up to $374,492 21 $748,985 is allocated for the payment of the expenses of 22 court-ordered services provided to children who are under the 23 supervision of the department, which expenses are a charge upon 24 the state pursuant to section 232.141, subsection 4 . 25 c. Notwithstanding section 232.141 or any other provision 26 of law to the contrary, the amounts allocated in this 27 subsection shall be distributed to the judicial districts 28 as determined by the state court administrator and to the 29 department’s service areas as determined by the administrator 30 of the department of human services’ division of child and 31 family services. The state court administrator and the 32 division administrator shall make the determination of the 33 distribution amounts on or before June 15, 2018. 34 d. Notwithstanding chapter 232 or any other provision of 35 -38- SF 2418 (2) 87 pf/rn/jh 38/ 112
S.F. 2418 law to the contrary, a district or juvenile court shall not 1 order any service which is a charge upon the state pursuant 2 to section 232.141 if there are insufficient court-ordered 3 services funds available in the district court or departmental 4 service area distribution amounts to pay for the service. The 5 chief juvenile court officer and the departmental service area 6 manager shall encourage use of the funds allocated in this 7 subsection such that there are sufficient funds to pay for 8 all court-related services during the entire year. The chief 9 juvenile court officers and departmental service area managers 10 shall attempt to anticipate potential surpluses and shortfalls 11 in the distribution amounts and shall cooperatively request the 12 state court administrator or division administrator to transfer 13 funds between the judicial districts’ or departmental service 14 areas’ distribution amounts as prudent. 15 e. Notwithstanding any provision of law to the contrary, 16 a district or juvenile court shall not order a county to pay 17 for any service provided to a juvenile pursuant to an order 18 entered under chapter 232 which is a charge upon the state 19 under section 232.141, subsection 4 . 20 f. Of the funds allocated in this subsection, not more 21 than $41,500 $83,000 may be used by the judicial branch for 22 administration of the requirements under this subsection. 23 g. Of the funds allocated in this subsection, $8,500 $17,000 24 shall be used by the department of human services to support 25 the interstate commission for juveniles in accordance with 26 the interstate compact for juveniles as provided in section 27 232.173 . 28 9. Of the funds appropriated in this section, $6,126,613 29 $12,253,227 is allocated for juvenile delinquent graduated 30 sanctions services. Any state funds saved as a result of 31 efforts by juvenile court services to earn a federal Tit. IV-E 32 match for juvenile court services administration may be used 33 for the juvenile delinquent graduated sanctions services. 34 10. Of the funds appropriated in this section, $829,142 35 -39- SF 2418 (2) 87 pf/rn/jh 39/ 112
S.F. 2418 $1,658,285 is transferred to the department of public health 1 to be used for the child protection center grant program for 2 child protection centers located in Iowa in accordance with 3 section 135.118 . The grant amounts under the program shall be 4 equalized so that each center receives a uniform base amount 5 of $122,500 $245,000 , so that $25,000 $50,000 is awarded to 6 establish a satellite child protection center in a city in 7 north central Iowa that is the county seat of a county with 8 a population between 44,000 and 45,000 according to the 2010 9 federal decennial census, and so that the remaining funds are 10 awarded through a funding formula based upon the volume of 11 children served. 12 11. If the department receives federal approval to 13 implement a waiver under Tit. IV-E of the federal Social 14 Security Act to enable providers to serve children who remain 15 in the children’s families and communities, for purposes of 16 eligibility under the medical assistance program through 25 17 years of age, children who participate in the waiver shall be 18 considered to be placed in foster care. 19 12. Of the funds appropriated in this section, $2,012,583 20 $4,025,167 is allocated for the preparation for adult living 21 program pursuant to section 234.46 . 22 13. Of the funds appropriated in this section, $113,668 23 $227,337 shall be used for the public purpose of continuing 24 a grant to a nonprofit human services organization providing 25 services to individuals and families in multiple locations in 26 southwest Iowa and Nebraska for support of a project providing 27 immediate, sensitive support and forensic interviews, medical 28 exams, needs assessments, and referrals for victims of child 29 abuse and their nonoffending family members. 30 14. Of the funds appropriated in this section, $150,310 31 $300,620 is allocated for the foster care youth council 32 approach of providing a support network to children placed in 33 foster care. 34 15. Of the funds appropriated in this section, $101,000 35 -40- SF 2418 (2) 87 pf/rn/jh 40/ 112
S.F. 2418 $202,000 is allocated for use pursuant to section 235A.1 for 1 continuation of the initiative to address child sexual abuse 2 implemented pursuant to 2007 Iowa Acts, chapter 218, section 3 18, subsection 21 . 4 16. Of the funds appropriated in this section, $315,120 5 $630,240 is allocated for the community partnership for child 6 protection sites. 7 17. Of the funds appropriated in this section, $185,625 8 $371,250 is allocated for the department’s minority youth and 9 family projects under the redesign of the child welfare system. 10 18. Of the funds appropriated in this section, $568,297 11 $851,595 is allocated for funding of the community circle of 12 care collaboration for children and youth in northeast Iowa. 13 19. Of the funds appropriated in this section, at least 14 $73,579 $147,158 shall be used for the continuation of the 15 child welfare provider training academy, a collaboration 16 between the coalition for family and children’s services in 17 Iowa and the department. 18 20. Of the funds appropriated in this section, $105,936 19 $211,872 shall be used for continuation of the central Iowa 20 system of care program grant through June 30, 2019. 21 21. Of the funds appropriated in this section, $117,500 22 $235,000 shall be used for the public purpose of the 23 continuation and expansion of a system of care program grant 24 implemented in Cerro Gordo and Linn counties to utilize a 25 comprehensive and long-term approach for helping children 26 and families by addressing the key areas in a child’s life 27 of childhood basic needs, education and work, family, and 28 community. 29 22. Of the funds appropriated in this section, at least 30 $12,500 $25,000 shall be used to continue and to expand the 31 foster care respite pilot program in which postsecondary 32 students in social work and other human services-related 33 programs receive experience by assisting family foster care 34 providers with respite and other support. 35 -41- SF 2418 (2) 87 pf/rn/jh 41/ 112
S.F. 2418 23. Of the funds appropriated in this section, $55,000 1 $110,000 shall be used for the public purpose of funding 2 community-based services and other supports with a system of 3 care approach for children with a serious emotional disturbance 4 and their families through a nonprofit provider of child 5 welfare services that has been in existence for more than 6 115 years, is located in a county with a population of more 7 than 200,000 but less than 220,000 according to the latest 8 certified federal census, is licensed as a psychiatric medical 9 institution for children, and was a system of care grantee 10 prior to July 1, 2018. 11 Sec. 29. 2017 Iowa Acts, chapter 174, section 58, subsection 12 1, paragraph a, is amended to read as follows: 13 a. For adoption subsidy payments and services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,388,955 15 40,445,137 16 Sec. 30. 2017 Iowa Acts, chapter 174, section 60, is amended 17 to read as follows: 18 SEC. 60. FAMILY SUPPORT SUBSIDY PROGRAM. 19 1. There is appropriated from the general fund of the 20 state to the department of human services for the fiscal year 21 beginning July 1, 2018, and ending June 30, 2019, the following 22 amount, or so much thereof as is necessary, to be used for the 23 purpose designated: 24 For the family support subsidy program subject to the 25 enrollment restrictions in section 225C.37, subsection 3 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 534,641 27 949,282 28 2. At least $393,750 $787,500 of the moneys appropriated in 29 this section is transferred to the department of public health 30 for the family support center component of the comprehensive 31 family support program under chapter 225C , subchapter V. 32 3. If at any time during the fiscal year, the amount of 33 funding available for the family support subsidy program 34 is reduced from the amount initially used to establish the 35 -42- SF 2418 (2) 87 pf/rn/jh 42/ 112
S.F. 2418 figure for the number of family members for whom a subsidy 1 is to be provided at any one time during the fiscal year, 2 notwithstanding section 225C.38, subsection 2 , the department 3 shall revise the figure as necessary to conform to the amount 4 of funding available. 5 Sec. 31. 2017 Iowa Acts, chapter 174, section 61, is amended 6 to read as follows: 7 SEC. 61. CONNER DECREE. There is appropriated from the 8 general fund of the state to the department of human services 9 for the fiscal year beginning July 1, 2018, and ending June 30, 10 2019, the following amount, or so much thereof as is necessary, 11 to be used for the purpose designated: 12 For building community capacity through the coordination 13 and provision of training opportunities in accordance with the 14 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 15 Iowa, July 14, 1994): 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,816 17 33,632 18 Sec. 32. 2017 Iowa Acts, chapter 174, section 62, subsection 19 1, is amended to read as follows: 20 1. There is appropriated from the general fund of the 21 state to the department of human services for the fiscal year 22 beginning July 1, 2018, and ending June 30, 2019, the following 23 amounts, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 a. For operation of the state mental health institute at 26 Cherokee as required by chapters 218 and 226 for salaries, 27 support, maintenance, and miscellaneous purposes, and for not 28 more than the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,935,127 30 13,870,254 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 162.00 32 b. For operation of the state mental health institute at 33 Independence as required by chapters 218 and 226 for salaries, 34 support, maintenance, and miscellaneous purposes, and for not 35 -43- SF 2418 (2) 87 pf/rn/jh 43/ 112
S.F. 2418 more than the following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,756,810 2 17,513,621 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 204.00 4 Sec. 33. 2017 Iowa Acts, chapter 174, section 63, subsection 5 1, is amended to read as follows: 6 1. There is appropriated from the general fund of the 7 state to the department of human services for the fiscal year 8 beginning July 1, 2018, and ending June 30, 2019, the following 9 amounts, or so much thereof as is necessary, to be used for the 10 purposes designated: 11 a. For the state resource center at Glenwood for salaries, 12 support, maintenance, and miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,943,890 14 16,858,523 15 b. For the state resource center at Woodward for salaries, 16 support, maintenance, and miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,038,517 18 11,386,679 19 Sec. 34. 2017 Iowa Acts, chapter 174, section 64, subsection 20 1, is amended to read as follows: 21 1. There is appropriated from the general fund of the 22 state to the department of human services for the fiscal year 23 beginning July 1, 2018, and ending June 30, 2019, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purpose designated: 26 For costs associated with the commitment and treatment of 27 sexually violent predators in the unit located at the state 28 mental health institute at Cherokee, including costs of legal 29 services and other associated costs, including salaries, 30 support, maintenance, and miscellaneous purposes, and for not 31 more than the following full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,732,373 33 10,864,747 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 112.00 35 -44- SF 2418 (2) 87 pf/rn/jh 44/ 112
S.F. 2418 132.00 1 Sec. 35. 2017 Iowa Acts, chapter 174, section 65, is amended 2 to read as follows: 3 SEC. 65. FIELD OPERATIONS. There is appropriated from the 4 general fund of the state to the department of human services 5 for the fiscal year beginning July 1, 2018, and ending June 30, 6 2019, the following amount, or so much thereof as is necessary, 7 to be used for the purposes designated: 8 For field operations, including salaries, support, 9 maintenance, and miscellaneous purposes, and for not more than 10 the following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,242,217 12 49,074,517 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,583.00 14 1,539.00 15 Priority in filling full-time equivalent positions shall be 16 given to those positions related to child protection services 17 and eligibility determination for low-income families. 18 Sec. 36. 2017 Iowa Acts, chapter 174, section 66, is amended 19 to read as follows: 20 SEC. 66. GENERAL ADMINISTRATION. There is appropriated 21 from the general fund of the state to the department of human 22 services for the fiscal year beginning July 1, 2018, and ending 23 June 30, 2019, the following amount, or so much thereof as is 24 necessary, to be used for the purpose designated: 25 For general administration, including salaries, support, 26 maintenance, and miscellaneous purposes, and for not more than 27 the following full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,016,520 29 13,833,040 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 294.00 31 2. Of the funds appropriated in this section, $75,000 32 $150,000 shall be used to continue the contract for the 33 provision of a program to provide technical assistance, 34 support, and consultation to providers of habilitation services 35 -45- SF 2418 (2) 87 pf/rn/jh 45/ 112
S.F. 2418 and home and community-based services waiver services for 1 adults with disabilities under the medical assistance program. 2 3. Of the funds appropriated in this section, $25,000 3 $50,000 is transferred to the Iowa finance authority to be 4 used for administrative support of the council on homelessness 5 established in section 16.2D and for the council to fulfill its 6 duties in addressing and reducing homelessness in the state. 7 4. Of the funds appropriated in this section, $100,000 8 $200,000 shall be transferred to and deposited in the 9 administrative fund of the Iowa ABLE savings plan trust 10 created in section 12I.4 , to be used for implementation and 11 administration activities of the Iowa ABLE savings plan trust. 12 5. Of the funds appropriated in this section, $100,000 13 $200,000 is transferred to the economic development authority 14 for the Iowa commission on volunteer services to continue 15 to be used for RefugeeRISE AmeriCorps program established 16 under section 15H.8 for member recruitment and training to 17 improve the economic well-being and health of economically 18 disadvantaged refugees in local communities across Iowa. Funds 19 transferred may be used to supplement federal funds under 20 federal regulations. 21 7. Of the funds appropriated in this section, $300,000 shall 22 be used to contract for children’s well-being collaboratives 23 grants for the development and implementation of children’s 24 well-being collaboratives to establish and coordinate 25 prevention and early intervention services to promote improved 26 mental health and well-being for children and families, as 27 enacted in 2017 Iowa Acts, chapter 174, section 88. 28 8. The department of human services shall submit the 29 strategic plan to create and implement a children’s mental 30 health system submitted to the governor by the children’s 31 system state board established by Executive Order Number Two 32 issued April 23, 2018, to the general assembly by November 15, 33 2018. 34 Sec. 37. 2017 Iowa Acts, chapter 174, section 67, is amended 35 -46- SF 2418 (2) 87 pf/rn/jh 46/ 112
S.F. 2418 to read as follows: 1 SEC. 67. DEPARTMENT-WIDE DUTIES. 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, 2018, and ending 4 June 30, 2019, the following amount, or so much thereof as is 5 necessary, to be used for the purposes designated: 6 For salaries, support, maintenance, and miscellaneous 7 purposes at facilities under the purview of the department of 8 human services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,439,637 10 2,879,274 11 Sec. 38. 2017 Iowa Acts, chapter 174, section 68, is amended 12 to read as follows: 13 SEC. 68. VOLUNTEERS. There is appropriated from the general 14 fund of the state to the department of human services for the 15 fiscal year beginning July 1, 2018, and ending June 30, 2019, 16 the following amount, or so much thereof as is necessary, to be 17 used for the purpose designated: 18 For development and coordination of volunteer services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,343 20 84,686 21 Sec. 39. 2017 Iowa Acts, chapter 174, section 70, subsection 22 1, paragraph f, subparagraph (1), is amended to read as 23 follows: 24 (1) For the fiscal year beginning July 1, 2018, 25 reimbursement rates for home health agencies shall continue to 26 be based on the Medicare low utilization payment adjustment 27 (LUPA) methodology with state geographic wage adjustments and 28 shall be adjusted to increase the rates to the extent possible 29 within the $1,000,000 of state funding appropriated for this 30 purpose . The department shall continue to update the rates 31 every two years to reflect the most recent Medicare LUPA rates 32 to the extent possible within the state funding appropriated 33 for this purpose. 34 Sec. 40. 2017 Iowa Acts, chapter 174, section 70, subsection 35 -47- SF 2418 (2) 87 pf/rn/jh 47/ 112
S.F. 2418 1, paragraphs j and k, are amended to read as follows: 1 j. For the fiscal year beginning July 1, 2018, unless 2 otherwise specified in this Act, all noninstitutional medical 3 assistance provider reimbursement rates shall remain at the 4 rates in effect on June 30, 2018, except for area education 5 agencies, local education agencies, infant and toddler 6 services providers, home and community-based services providers 7 including consumer-directed attendant care providers under a 8 section 1915(c) or 1915(i) waiver, targeted case management 9 providers, and those providers whose rates are required to be 10 determined pursuant to section 249A.20 , or to meet federal 11 mental health parity requirements . 12 k. Notwithstanding any provision to the contrary, for the 13 fiscal year beginning July 1, 2018, the reimbursement rate 14 for anesthesiologists shall be adjusted to implement the cost 15 containment strategies authorized for the medical assistance 16 program in this 2017 Act remain at the rate in effect on June 17 30, 2018, and updated on January 1, 2019, to align with the 18 most current Iowa Medicare anesthesia base rate . 19 Sec. 41. 2017 Iowa Acts, chapter 174, section 70, subsection 20 7, is amended to read as follows: 21 7. a. For the purposes of this subsection, “combined 22 reimbursement rate” means the combined service and maintenance 23 reimbursement rate for a service level under the department’s 24 reimbursement methodology. Effective July 1, 2018, the 25 combined reimbursement rate for a group foster care service 26 level shall be the amount designated in this subsection. 27 However, if a group foster care provider’s reimbursement rate 28 for a service level as of June 30, 2018, is more than the rate 29 designated in this subsection, the provider’s reimbursement 30 shall remain at the higher rate. 31 b. Unless a group foster care provider is subject to the 32 exception provided in paragraph “a”, effective July 1, 2018, 33 the combined reimbursement rates for the service levels under 34 the department’s reimbursement methodology shall be as follows: 35 -48- SF 2418 (2) 87 pf/rn/jh 48/ 112
S.F. 2418 (1) For service level, community - D1, the daily rate shall 1 be at least $84.17. 2 (2) For service level, comprehensive - D2, the daily rate 3 shall be at least $119.09. 4 (3) For service level, enhanced - D3, the daily rate shall 5 be at least $131.09 established by contract . 6 Sec. 42. 2017 Iowa Acts, chapter 174, section 70, subsection 7 11, is amended to read as follows: 8 11. a. For the fiscal year beginning July 1, 2018, 9 Effective July 1, 2018, the child care provider reimbursement 10 rates shall remain at the rates in effect on June 30, 2018. 11 Effective January 1, 2019, for child care providers reimbursed 12 under the state child care assistance program, the department 13 shall set utilize $3,000,000 of the amount appropriated for 14 child care assistance under this division to increase provider 15 reimbursement rates based on the rate reimbursement survey 16 completed in December 2004 2014 . Effective July 1, 2018, 17 the child care provider reimbursement rates shall remain at 18 the rates in effect on June 30, 2018. The department shall 19 increase the lowest rate that is furthest from the fiftieth 20 percentile to a rate consistent with the relative percentage of 21 the second lowest rate as compared to the fiftieth percentile. 22 As funds remain available, the department shall increase 23 the subsequent lowest rates in a similar manner until the 24 $3,000,000 is projected to be fully expended in the fiscal 25 year. The department shall set rates in a manner so as to 26 provide incentives for a nonregistered provider to become 27 registered by applying the increase only to registered and 28 licensed providers. 29 b. Effective January 1, 2019, for infant and toddler 30 child care providers reimbursed under the state child 31 care assistance program, the department shall set provider 32 reimbursement rates at the seventy-fifth percentile of the rate 33 reimbursement survey completed in December 2014, within the 34 expected increase for the federal child care and development 35 -49- SF 2418 (2) 87 pf/rn/jh 49/ 112
S.F. 2418 block grant expenditure requirement for infant and toddler 1 quality improvement, subject to quality rating system criteria 2 developed pursuant to section 237A.30. The department shall 3 set rates in a manner so as to provide incentives for a 4 nonregistered provider to become registered by applying the 5 increase only to registered and licensed providers. 6 Sec. 43. 2017 Iowa Acts, chapter 174, section 70, subsection 7 13, is amended by striking the subsection. 8 Sec. 44. REPEAL. 2017 Iowa Acts, chapter 174, section 69, 9 is repealed. 10 DIVISION VI 11 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2018-2019 12 Sec. 45. 2017 Iowa Acts, chapter 174, section 75, is amended 13 to read as follows: 14 SEC. 75. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 15 appropriated from the pharmaceutical settlement account created 16 in section 249A.33 to the department of human services for the 17 fiscal year beginning July 1, 2018, and ending June 30, 2019, 18 the following amount, or so much thereof as is necessary, to be 19 used for the purpose designated: 20 Notwithstanding any provision of law to the contrary, to 21 supplement the appropriations made in this Act for medical 22 contracts under the medical assistance program for the fiscal 23 year beginning July 1, 2018, and ending June 30, 2019: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 25 1,446,266 26 Sec. 46. 2017 Iowa Acts, chapter 174, section 76, is amended 27 to read as follows: 28 SEC. 76. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 29 SERVICES. Notwithstanding any provision to the contrary and 30 subject to the availability of funds, there is appropriated 31 from the quality assurance trust fund created in section 32 249L.4 to the department of human services for the fiscal year 33 beginning July 1, 2018, and ending June 30, 2019, the following 34 amounts, or so much thereof as is necessary, for the purposes 35 -50- SF 2418 (2) 87 pf/rn/jh 50/ 112
S.F. 2418 designated: 1 To supplement the appropriation made in this Act from the 2 general fund of the state to the department of human services 3 for medical assistance for the same fiscal year: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,352,604 5 36,705,208 6 Sec. 47. 2017 Iowa Acts, chapter 174, section 77, is amended 7 to read as follows: 8 SEC. 77. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 9 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 10 the contrary and subject to the availability of funds, there is 11 appropriated from the hospital health care access trust fund 12 created in section 249M.4 to the department of human services 13 for the fiscal year beginning July 1, 2018, and ending June 14 30, 2019, the following amounts, or so much thereof as is 15 necessary, for the purposes designated: 16 To supplement the appropriation made in this Act from the 17 general fund of the state to the department of human services 18 for medical assistance for the same fiscal year: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,960,277 20 33,920,554 21 DIVISION VII 22 PRIOR YEAR APPROPRIATIONS AND OTHER PROVISIONS 23 FEDERAL FUNDING 24 Sec. 48. 2017 Iowa Acts, chapter 165, section 13, subsection 25 3, paragraphs b and e, are amended to read as follows: 26 b. Child and family services: 27 (1) FFY 2017-2018: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,672,390 29 8,022,390 30 (2) FFY 2018-2019: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,672,390 32 8,272,390 33 e. For distribution to counties for state case services 34 provided for persons with mental illness, intellectual 35 -51- SF 2418 (2) 87 pf/rn/jh 51/ 112
S.F. 2418 disability, or a developmental disability in accordance with 1 section 331.440 , Code 2013, or in accordance with a dispute 2 resolution process implemented in accordance with section 3 331.394, subsections 5 or 6 : 4 (1) FFY 2017-2018: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 6 250,000 7 (2) FFY 2018-2019: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 9 0 10 Moneys appropriated in this lettered paragraph “e” 11 that remain unencumbered or unallocated at the close of a 12 federal fiscal year shall not revert but shall be retained 13 by the department and used to supplement amounts otherwise 14 appropriated for child and family services under paragraph “b”. 15 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 16 Sec. 49. 2017 Iowa Acts, chapter 174, section 6, is amended 17 to read as follows: 18 SEC. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 19 GRANT. There is appropriated from the fund created in section 20 8.41 to the department of human services for the fiscal year 21 beginning July 1, 2017, and ending June 30, 2018, from moneys 22 received under the federal temporary assistance for needy 23 families (TANF) block grant pursuant to the federal Personal 24 Responsibility and Work Opportunity Reconciliation Act of 1996, 25 Pub. L. No. 104-193, and successor legislation, the following 26 amounts, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 1. To be credited to the family investment program account 29 and used for assistance under the family investment program 30 under chapter 239B : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,112,462 32 4,539,006 33 2. To be credited to the family investment program account 34 and used for the job opportunities and basic skills (JOBS) 35 -52- SF 2418 (2) 87 pf/rn/jh 52/ 112
S.F. 2418 program and implementing family investment agreements in 1 accordance with chapter 239B : 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,575,693 3 5,412,060 4 3. To be used for the family development and 5 self-sufficiency grant program in accordance with section 6 216A.107 : 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 8 2,883,980 9 Notwithstanding section 8.33 , moneys appropriated in this 10 subsection that remain unencumbered or unobligated at the close 11 of the fiscal year shall not revert but shall remain available 12 for expenditure for the purposes designated until the close of 13 the succeeding fiscal year. However, unless such moneys are 14 encumbered or obligated on or before September 30, 2018, the 15 moneys shall revert. 16 4. For field operations: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 18 5. For general administration: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 20 6. For state child care assistance: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,866,826 22 53,603,561 23 a. Of the funds appropriated in this subsection, 24 $26,328,097 $26,205,412 is transferred to the child care 25 and development block grant appropriation made by the 26 Eighty-seventh General Assembly, 2017 session, for the federal 27 fiscal year beginning October 1, 2017, and ending September 30, 28 2018. Of this amount, $200,000 shall be used for provision 29 of educational opportunities to registered child care home 30 providers in order to improve services and programs offered 31 by this category of providers and to increase the number of 32 providers. The department may contract with institutions 33 of higher education or child care resource and referral 34 centers to provide the educational opportunities. Allowable 35 -53- SF 2418 (2) 87 pf/rn/jh 53/ 112
S.F. 2418 administrative costs under the contracts shall not exceed 5 1 percent. The application for a grant shall not exceed two 2 pages in length. 3 b. Any funds appropriated in this subsection remaining 4 unallocated shall be used for state child care assistance 5 payments for families who are employed including but not 6 limited to individuals enrolled in the family investment 7 program. 8 7. For child and family services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 10 8. For child abuse prevention grants: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 12 9. For pregnancy prevention grants on the condition that 13 family planning services are funded: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 15 1,913,203 16 Pregnancy prevention grants shall be awarded to programs 17 in existence on or before July 1, 2017, if the programs have 18 demonstrated positive outcomes. Grants shall be awarded to 19 pregnancy prevention programs which are developed after July 20 1, 2017, if the programs are based on existing models that 21 have demonstrated positive outcomes. Grants shall comply with 22 the requirements provided in 1997 Iowa Acts, chapter 208, 23 section 14, subsections 1 and 2 , including the requirement that 24 grant programs must emphasize sexual abstinence. Priority in 25 the awarding of grants shall be given to programs that serve 26 areas of the state which demonstrate the highest percentage of 27 unplanned pregnancies of females of childbearing age within the 28 geographic area to be served by the grant. 29 10. For technology needs and other resources necessary 30 to meet federal welfare reform reporting, tracking, and case 31 management requirements: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 33 294,155 34 11. a. Notwithstanding any provision to the contrary, 35 -54- SF 2418 (2) 87 pf/rn/jh 54/ 112
S.F. 2418 including but not limited to requirements in section 8.41 or 1 provisions in 2016 or 2017 Iowa Acts regarding the receipt and 2 appropriation of federal block grants, federal funds from the 3 temporary assistance for needy families block grant received by 4 the state and not otherwise appropriated in this section and 5 remaining available for the fiscal year beginning July 1, 2017, 6 are appropriated to the department of human services to the 7 extent as may be necessary to be used in the following priority 8 order: the family investment program, for state child care 9 assistance program payments for families who are employed, and 10 for 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 assistance under the family investment program, in 15 subsection 6 for child care assistance, or in subsection 10 16 for technology costs related to the family investment program, 17 as applicable, have been expended. For the purposes of this 18 subsection, the funds appropriated in subsection 6, paragraph 19 “a”, for transfer to the child care and development block grant 20 appropriation are considered fully expended when the full 21 amount has been transferred. 22 b. The department shall, on a quarterly basis, advise the 23 legislative services agency and department of management of 24 the amount of funds appropriated in this subsection that was 25 expended in the prior quarter. 26 12. Of the amounts appropriated in this section, 27 $12,962,008 for the fiscal year beginning July 1, 2017, is 28 transferred to the appropriation of the federal social services 29 block grant made to the department of human services for that 30 fiscal year. 31 13. For continuation of the program providing categorical 32 eligibility for the food assistance program as specified 33 for the program in the section of this division of this Act 34 relating to the family investment program account: 35 -55- SF 2418 (2) 87 pf/rn/jh 55/ 112
S.F. 2418 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 1 14,236 2 14. The department may transfer funds allocated in this 3 section to the appropriations made in this division of this Act 4 for the same fiscal year for general administration and field 5 operations for resources necessary to implement and operate the 6 services referred to in this section and those funded in the 7 appropriation made in this division of this Act for the same 8 fiscal year for the family investment program from the general 9 fund of the state. 10 15. With the exception of moneys allocated under this 11 section for the family development and self-sufficiency grant 12 program, to the extent moneys allocated in this section are 13 deemed by the department not to be necessary to support the 14 purposes for which they are allocated, such moneys may be 15 credited used in the same fiscal year for any other purpose for 16 which funds are allocated in this section or in section 7 of 17 this division for the family investment program account. If 18 there are competing needs, priority shall first be given to the 19 family investment program account as specified under subsection 20 1 of this section and used for the purposes of assistance 21 under the family investment program in accordance with chapter 22 239B in the same fiscal year , followed by state child care 23 assistance program payments for families who are employed, 24 followed by other priorities as specified by the department . 25 MEDICAID TRANSFERS TO SUPPORT REVIEWS AND QUALITY CONTROL 26 ACTIVITIES 27 Sec. 50. 2017 Iowa Acts, chapter 174, section 12, subsection 28 8, is amended to read as follows: 29 8. A portion of the funds appropriated in this section 30 may be transferred to the appropriations in this division of 31 this Act for general administration, medical contracts, the 32 children’s health insurance program, or field operations to be 33 used for the state match cost to comply with the payment error 34 rate measurement (PERM) program for both the medical assistance 35 -56- SF 2418 (2) 87 pf/rn/jh 56/ 112
S.F. 2418 and children’s health insurance programs as developed by the 1 centers for Medicare and Medicaid services of the United States 2 department of health and human services to comply with the 3 federal Improper Payments Information Act of 2002, Pub. L. 4 No. 107-300 , and to support other reviews and quality control 5 activities to improve the integrity of these programs . 6 STATE SUPPLEMENTARY ASSISTANCE 7 Sec. 51. 2017 Iowa Acts, chapter 174, section 14, is amended 8 by adding the following new subsection: 9 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 10 appropriated in this section that remain unencumbered or 11 unobligated at the close of the fiscal year shall not revert 12 but shall remain available for expenditure for the purposes 13 designated until the close of the succeeding fiscal year. 14 JUVENILE INSTITUTION 15 Sec. 52. 2017 Iowa Acts, chapter 174, section 17, is amended 16 by adding the following new subsection: 17 NEW SUBSECTION . 3. Notwithstanding section 8.33, moneys 18 appropriated in this section that remain unencumbered or 19 unobligated at the close of the fiscal year shall not revert 20 but shall remain available for expenditure for the purposes 21 designated until the close of the succeeding fiscal year. 22 MENTAL HEALTH INSTITUTES 23 Sec. 53. 2017 Iowa Acts, chapter 174, section 23, is amended 24 by adding the following new subsection: 25 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 26 appropriated in this section that remain unencumbered or 27 unobligated at the close of the fiscal year shall not revert 28 but shall remain available for expenditure for the purposes 29 designated until the close of the succeeding fiscal year. 30 STATE RESOURCE CENTERS 31 Sec. 54. 2017 Iowa Acts, chapter 174, section 24, is amended 32 by adding the following new subsection: 33 NEW SUBSECTION . 6. Notwithstanding section 8.33, and 34 notwithstanding the amount limitation specified in section 35 -57- SF 2418 (2) 87 pf/rn/jh 57/ 112
S.F. 2418 222.92, moneys appropriated in this section that remain 1 unencumbered or unobligated at the close of the fiscal year 2 shall not revert but shall remain available for expenditure 3 for the purposes designated until the close of the succeeding 4 fiscal year. 5 SEXUALLY VIOLENT PREDATORS 6 Sec. 55. 2017 Iowa Acts, chapter 174, section 25, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION . 3. Notwithstanding section 8.33, moneys 9 appropriated in this section that remain unencumbered or 10 unobligated at the close of the fiscal year shall not revert 11 but shall remain available for expenditure for the purposes 12 designated until the close of the succeeding fiscal year. 13 Sec. 56. EFFECTIVE DATE. This division of this Act, being 14 deemed of immediate importance, takes effect upon enactment. 15 Sec. 57. RETROACTIVE APPLICABILITY. This division of this 16 Act applies retroactively to July 1, 2017. 17 DIVISION VIII 18 DECATEGORIZATION 19 Sec. 58. DECATEGORIZATION CARRYOVER FUNDING —— TRANSFER TO 20 MEDICAID PROGRAM. Notwithstanding section 232.188, subsection 21 5, paragraph “b”, any state appropriated moneys in the funding 22 pool that remained unencumbered or unobligated at the close 23 of the fiscal year beginning July 1, 2015, and were deemed 24 carryover funding to remain available for the two succeeding 25 fiscal years that still remain unencumbered or unobligated at 26 the close of the fiscal year beginning July 1, 2017, shall 27 not revert but shall be transferred to the medical assistance 28 program for the fiscal year beginning July 1, 2018. 29 Sec. 59. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 Sec. 60. RETROACTIVE APPLICABILITY. This division of this 32 Act applies retroactively to July 1, 2017. 33 DIVISION IX 34 STATE CASES 35 -58- SF 2418 (2) 87 pf/rn/jh 58/ 112
S.F. 2418 Sec. 61. Section 218.99, Code 2018, is amended to read as 1 follows: 2 218.99 Counties to be notified of patients’ personal 3 accounts. 4 The administrator in control of a state institution shall 5 direct the business manager of each institution under the 6 administrator’s jurisdiction which is mentioned in section 7 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 8 (2), and for which services are paid under section 331.424A , 9 to quarterly inform the county of residence of any patient or 10 resident who has an amount in excess of two hundred dollars on 11 account in the patients’ personal deposit fund and the amount 12 on deposit. The administrators shall direct the business 13 manager to further notify the county of residence at least 14 fifteen days before the release of funds in excess of two 15 hundred dollars or upon the death of the patient or resident. 16 If the patient or resident has no residency in this state 17 or the person’s residency is unknown so that the person is 18 deemed to be a state case , notice shall be made to the director 19 of human services and the administrator in control of the 20 institution involved. 21 Sec. 62. Section 222.60, subsection 1, paragraph b, Code 22 2018, is amended to read as follows: 23 b. The state when the person is a resident in another state 24 or in a foreign country, or when the person’s residence is 25 unknown. The payment responsibility shall be deemed to be a 26 state case. 27 Sec. 63. Section 222.60, subsection 2, paragraph b, Code 28 2018, is amended to read as follows: 29 b. The cost of a regional administrator-required diagnosis 30 and an evaluation is at the mental health and disability 31 services region’s expense. For a state case When a person is 32 a resident in another state or in a foreign country, or when 33 the persons’ residence is unknown , the state may apply the 34 diagnosis and evaluation provisions of this subsection at the 35 -59- SF 2418 (2) 87 pf/rn/jh 59/ 112
S.F. 2418 state’s expense. 1 Sec. 64. Section 222.65, subsection 1, Code 2018, is amended 2 to read as follows: 3 1. If the administrator concurs with a certified 4 determination as to residency of the person so that the 5 person is deemed a state case in another state or in a foreign 6 country, or the person’s residence is unknown under section 7 222.60 , the administrator shall cause the person either to be 8 transferred to a resource center or a special unit or to be 9 transferred to the place of foreign residency. 10 Sec. 65. Section 222.66, Code 2018, is amended to read as 11 follows: 12 222.66 Transfers —— state cases no residency in the state or 13 residency unknown —— expenses. 14 1. The transfer to a resource center or a special unit or 15 to the place of residency of a person with an intellectual 16 disability who has no residence in this state or whose 17 residency is unknown, shall be made in accordance with such 18 directions as shall be prescribed by the administrator and 19 when practicable by employees of the state resource center or 20 the special unit. The actual and necessary expenses of such 21 transfers shall be paid by the department on itemized vouchers 22 sworn to by the claimants and approved by the administrator and 23 the approved amount is appropriated to the department from any 24 funds in the state treasury not otherwise appropriated. 25 2. The case of a person with an intellectual disability 26 who is determined to have no residence in this state or whose 27 residence is unknown shall be considered a state case. 28 Sec. 66. Section 222.67, Code 2018, is amended to read as 29 follows: 30 222.67 Charge on finding of residency. 31 If a person has been received into a resource center or a 32 special unit as a patient whose residency is unknown and the 33 administrator determines that the residency of the patient 34 was at the time of admission in a county of this state, the 35 -60- SF 2418 (2) 87 pf/rn/jh 60/ 112
S.F. 2418 administrator shall certify the determination and charge 1 all legal costs and expenses pertaining to the admission 2 and support of the patient to the county of residence. The 3 certification shall be sent to the county of residence. The 4 certification shall be accompanied by a copy of the evidence 5 supporting the determination. If the person’s residency status 6 has been determined in accordance with section 331.394 , the 7 legal costs and expenses shall be charged to the county or as a 8 state case in accordance with that determination. The costs 9 and expenses shall be collected as provided by law in other 10 cases. 11 Sec. 67. Section 222.70, Code 2018, is amended to read as 12 follows: 13 222.70 Residency disputes. 14 If a dispute arises between counties or between the 15 department and a county as to the residency of a person 16 admitted to a resource center , or a special unit , or a 17 community-based service , the dispute shall be resolved as 18 provided in section 331.394 . 19 Sec. 68. Section 226.45, Code 2018, is amended to read as 20 follows: 21 226.45 Reimbursement to county or state. 22 If a patient is not receiving medical assistance under 23 chapter 249A and the amount to in the account of any patient 24 in the patients’ personal deposit fund exceeds two hundred 25 dollars, the business manager of the hospital may apply any 26 of the excess to reimburse the county of residence or the 27 state for a state case when the patient is a resident in 28 another state or in a foreign country, or when the patient’s 29 residence is unknown for liability incurred by the county or 30 the state for the payment of care, support and maintenance of 31 the patient, when billed by the county of residence or by the 32 administrator for a state case when the patient is a resident 33 in another state or in a foreign country, or when the patient’s 34 residence is unknown . 35 -61- SF 2418 (2) 87 pf/rn/jh 61/ 112
S.F. 2418 Sec. 69. Section 230.1, subsection 1, paragraph b, Code 1 2018, is amended to read as follows: 2 b. By the state as a state case if such person has no 3 residence in this state, if the person’s residence is unknown, 4 or if the person is under eighteen years of age. 5 Sec. 70. Section 230.2, Code 2018, is amended to read as 6 follows: 7 230.2 Finding of residence. 8 If a person’s residency status is disputed, the residency 9 shall be determined in accordance with section 331.394 . 10 Otherwise, the district court may, when the person is 11 ordered placed in a hospital for psychiatric examination and 12 appropriate treatment, or as soon thereafter as the court 13 obtains the proper information, make one of the following 14 determinations and enter of record whether the residence of the 15 person is in a county or the person is deemed to be a state case 16 a resident in another state or in a foreign country, or when 17 the person’s residence is unknown , as follows: 18 1. That the person’s residence is in the county from which 19 the person was placed in the hospital. 20 2. That the person’s residence is in another county of the 21 state. 22 3. That the person’s residence is in a foreign state or 23 country and the person is deemed to be a state case . 24 4. That the person’s residence is unknown and the person is 25 deemed to be a state case . 26 Sec. 71. Section 230.8, Code 2018, is amended to read as 27 follows: 28 230.8 Transfers of persons with mental illness —— expenses. 29 The transfer to any state hospitals or to the places of their 30 residence of persons with mental illness who have no residence 31 in this state or whose residence is unknown and deemed to be a 32 state case , shall be made according to the directions of the 33 administrator, and when practicable by employees of the state 34 hospitals. The actual and necessary expenses of such transfers 35 -62- SF 2418 (2) 87 pf/rn/jh 62/ 112
S.F. 2418 shall be paid by the department on itemized vouchers sworn to 1 by the claimants and approved by the administrator. 2 Sec. 72. Section 230.9, Code 2018, is amended to read as 3 follows: 4 230.9 Subsequent discovery of residence. 5 If, after a person has been received by a state hospital 6 for persons with mental illness as a state case patient 7 whose residence is supposed to be outside this state, the 8 administrator determines that the residence of the person 9 was, at the time of admission or commitment, in a county of 10 this state, the administrator shall certify the determination 11 and charge all legal costs and expenses pertaining to the 12 admission or commitment and support of the person to the county 13 of residence. The certification shall be sent to the county 14 of residence. The certification shall be accompanied by a 15 copy of the evidence supporting the determination. The costs 16 and expenses shall be collected as provided by law in other 17 cases. If the person’s residency status has been determined in 18 accordance with section 331.394 , the legal costs and expenses 19 shall be charged to the county of residence or as a state case 20 in accordance with that determination. 21 Sec. 73. Section 230.11, Code 2018, is amended to read as 22 follows: 23 230.11 Recovery of costs from state. 24 Costs and expenses attending the taking into custody, 25 care, and investigation of a person who has been admitted 26 or committed to a state hospital, United States department 27 of veterans affairs hospital, or other agency of the United 28 States government, for persons with mental illness and who 29 has no residence in this state or whose residence is unknown, 30 including cost of commitment, if any, shall be paid as a state 31 case as approved by the administrator. The amount of the costs 32 and expenses approved by the administrator is appropriated 33 to the department from any money in the state treasury 34 not otherwise appropriated. Payment shall be made by the 35 -63- SF 2418 (2) 87 pf/rn/jh 63/ 112
S.F. 2418 department on itemized vouchers executed by the auditor of the 1 county which has paid them, and approved by the administrator. 2 Sec. 74. Section 249A.26, subsection 2, paragraph b, Code 3 2018, is amended to read as follows: 4 b. The state shall pay for one hundred percent of the 5 nonfederal share of the costs of case management provided for 6 adults, day treatment, partial hospitalization, and the home 7 and community-based services waiver services for persons who 8 have no residence in this state or whose residence is unknown 9 so that the persons are deemed to be state cases . 10 Sec. 75. Section 249A.26, subsection 7, Code 2018, is 11 amended by striking the subsection. 12 Sec. 76. Section 331.394, Code 2018, is amended to read as 13 follows: 14 331.394 County of residence —— services to residents —— 15 service authorization appeals —— disputes between counties or 16 regions and the department . 17 1. For the purposes of this section , unless the context 18 otherwise requires: 19 a. “County of residence” means the county in this state in 20 which, at the time a person applies for or receives services, 21 the person is living and has established an ongoing presence 22 with the declared, good faith intention of living in the 23 county for a permanent or indefinite period of time. The 24 county of residence of a person who is a homeless person 25 is the county where the homeless person usually sleeps. A 26 person maintains residency in the county or state in which the 27 person last resided while the person is present in another 28 county or this state receiving services in a hospital, a 29 correctional facility, a halfway house for community-based 30 corrections or substance-related treatment, a nursing facility, 31 an intermediate care facility for persons with an intellectual 32 disability, or a residential care facility, or for the purpose 33 of attending a college or university. 34 b. “Homeless person” means the same as defined in section 35 -64- SF 2418 (2) 87 pf/rn/jh 64/ 112
S.F. 2418 48A.2 . 1 c. “Mental health professional” means the same as defined 2 in section 228.1 . 3 d. “Person” means a person who is a United States citizen or 4 a qualified alien as defined in 8 U.S.C. §1641. 5 2. If a person appeals a decision regarding a service 6 authorization or other services-related decision made by a 7 regional administrator that cannot be resolved informally, 8 the appeal shall be heard in a contested case proceeding by a 9 state administrative law judge. The administrative law judge’s 10 decision shall be considered final agency action under chapter 11 17A . 12 3. If a service authorization or other services-related 13 decision made by a regional administrator concerning a person 14 varies from the type and amount of service identified to be 15 necessary for the person in a clinical determination made by a 16 mental health professional and the mental health professional 17 believes that failure to provide the type and amount of service 18 identified could cause an immediate danger to the person’s 19 health or safety, the person may request an expedited review 20 of the regional administrator’s decision to be made by the 21 department of human services. An expedited review held in 22 accordance with this subsection is subject to the following 23 procedures: 24 a. The request for the expedited review shall be filed 25 within five business days of receiving the notice of decision 26 by the regional administrator. The request must be in writing, 27 plainly state the request for an expedited review in the 28 caption and body of the request, and be supported by written 29 documentation from the mental health professional who made the 30 clinical determination stating how the notice of decision on 31 services could cause an immediate danger to the person’s health 32 or safety. 33 b. The expedited review shall be performed by a mental 34 health professional, who is either the administrator of the 35 -65- SF 2418 (2) 87 pf/rn/jh 65/ 112
S.F. 2418 division of mental health and disability services of the 1 department of human services or the administrator’s designee. 2 If the administrator is not a mental health professional, 3 the expedited review shall be performed by a designee of the 4 administrator who is a mental health professional and is free 5 of any conflict of interest to perform the expedited review. 6 The expedited review shall be performed within two business 7 days of the time the request is filed. If the reviewer 8 determines the information submitted in connection with the 9 request is inadequate to perform the review, the reviewer shall 10 request the submission of additional information and the review 11 shall be performed within two business days of the time that 12 adequate information is submitted. The regional administrator 13 and the person, with the assistance of the mental health 14 professional who made the clinical determination, shall each 15 provide a brief statement of facts, conclusions, and reasons 16 for the decision made. Supporting clinical information shall 17 also be attached. All information related to the proceedings 18 and any related filings shall be considered to be mental health 19 information subject to chapter 228 . 20 c. The administrator or designee shall issue an order, 21 including a brief statement of findings of fact, conclusions of 22 law, and policy reasons for the order, to justify the decision 23 made concerning the expedited review. If the decision concurs 24 with the contention that there is an immediate danger to the 25 person’s health or safety, the order shall identify the type 26 and amount of service which shall be provided for the person. 27 The administrator or designee shall give such notice as is 28 practicable to persons who are required to comply with the 29 order. The order is effective when issued. 30 d. The decision of the administrator or designee shall be 31 considered a final agency action and is subject to judicial 32 review in accordance with section 17A.19 . The record for 33 judicial review consists of any documents regarding the matter 34 that were considered or prepared by the administrator or 35 -66- SF 2418 (2) 87 pf/rn/jh 66/ 112
S.F. 2418 designee. The administrator or designee shall maintain these 1 documents as the official record of the decision. If the 2 matter is appealed to the district court, the record shall be 3 filed as confidential. 4 4. If a county of residence is part of a mental health and 5 disability services region that has agreed to pool funding and 6 liability for services, the responsibilities of the county 7 under law regarding such services shall be performed on behalf 8 of the county by the regional administrator. The county of 9 residence or the county’s mental health and disability services 10 region, as applicable, is responsible for paying the public 11 costs of the mental health and disability services that are 12 not covered by the medical assistance program under chapter 13 249A and are provided in accordance with the region’s approved 14 service management plan to persons who are residents of the 15 county or region. 16 5. a. The dispute resolution process implemented in 17 accordance with this subsection applies to residency disputes. 18 The dispute resolution process is not applicable to disputes 19 involving persons committed to a state facility pursuant to 20 chapter 812 or rule of criminal procedure 2.22 , Iowa court 21 rules, or to disputes involving service authorization decisions 22 made by a region. 23 b. If a county , or region , or the department , as applicable, 24 receives a billing for services provided to a resident 25 in another county or region, or objects to a residency 26 determination certified by the department or another county’s 27 or region’s regional administrator and asserts either that the 28 person has residency in another county or region or the person 29 is not a resident of this state or the person’s residency is 30 unknown so that the person is deemed a state case , the person’s 31 residency status shall be determined as provided in this 32 subsection . The county or region shall notify the department 33 of the county’s or region’s assertion within one hundred twenty 34 days of receiving the billing. If the county or region asserts 35 -67- SF 2418 (2) 87 pf/rn/jh 67/ 112
S.F. 2418 that the person has residency in another county or region, 1 that the county or region shall be notified at the same time 2 as the department. If the department disputes a residency 3 determination certification made by a regional administrator, 4 the department shall notify the affected counties or regions of 5 the department’s assertion notify the other county or region 6 within one hundred twenty days of receiving the billing for 7 services . 8 c. The department, county , or region that received the 9 notification, as applicable, shall respond to the party that 10 provided the notification within forty-five days of receiving 11 the notification. If the parties cannot agree to a settlement 12 as to the person’s residency status within ninety days of the 13 date of notification, on motion of any of the parties, the 14 matter shall be referred to the department of inspections and 15 appeals for a contested case hearing under chapter 17A before 16 an administrative law judge assigned in accordance with section 17 10A.801 to determine the person’s residency status. 18 d. (1) The administrative law judge’s determination 19 of the person’s residency status shall be considered final 20 agency action, notwithstanding contrary provisions of section 21 17A.15 . The party that does not prevail in the determination 22 or subsequent judicial review is liable for costs associated 23 with the proceeding, including reimbursement of the department 24 of inspections and appeals’ actual costs associated with 25 the administrative proceeding. Judicial review of the 26 determination may be sought in accordance with section 17A.19 . 27 (2) If following the determination of a person’s residency 28 status in accordance with this subsection , additional evidence 29 becomes available that merits a change in that determination, 30 the parties affected may change the determination by mutual 31 agreement. Otherwise, a party may move that the matter be 32 reconsidered by the department, county , or region, or by the 33 administrative law judge. 34 e. (1) Unless a petition is filed for judicial review, 35 -68- SF 2418 (2) 87 pf/rn/jh 68/ 112
S.F. 2418 the administrative law judge’s determination of the person’s 1 residency status shall result in one of the following: 2 (a) If a county or region is determined to be the person’s 3 residence, the county or region shall pay the amounts due and 4 shall reimburse any other amounts paid for services provided by 5 the other county or region or the department on the person’s 6 behalf prior to the determination. 7 (b) If it is determined that the person is not a resident 8 of this state or the person’s residency is unknown so that the 9 person is deemed to be a state case, the department shall pay 10 the amounts due and shall reimburse the county or region, as 11 applicable, for any payment made on behalf of the person prior 12 to the determination neither the region in which the services 13 were provided nor the state shall be liable for payment of 14 amounts due for services provided to the person prior to the 15 determination . 16 (2) The payment or reimbursement shall be remitted within 17 forty-five days of the date the determination was issued. 18 After the forty-five-day period, a penalty of not greater than 19 one percent per month may be added to the amount due. 20 6. a. The dispute resolution process implemented in 21 accordance with this subsection applies beginning July 1, 2012, 22 to billing disputes between the state and a county or region, 23 other than residency disputes or other dispute processes under 24 this section , involving the responsibility for service costs 25 for services provided on or after July 1, 2011, under any of 26 the following: 27 (1) Chapter 221 . 28 (2) Chapter 222 . 29 (3) Chapter 229 . 30 (4) Chapter 230 . 31 (5) Chapter 249A . 32 (6) Chapter 812 . 33 b. If a county, region, or the department, as applicable, 34 disputes a billing for service costs listed in paragraph “a” , 35 -69- SF 2418 (2) 87 pf/rn/jh 69/ 112
S.F. 2418 the dispute shall be resolved as provided in this subsection . 1 The county or region shall notify the department of the 2 county’s or region’s assertion within ninety days of receiving 3 the billing. However, for services provided on or after July 4 1, 2011, for which a county has received the billing as of July 5 1, 2012, the county shall notify the department of the county’s 6 assertion on or before October 1, 2012. If the department 7 disputes such a billing of a regional administrator, the 8 department shall notify the affected counties or regions of the 9 department’s assertion. 10 c. The department, county, or region that received the 11 notification, as applicable, shall respond to the party 12 that provided the notification within forty-five days of 13 receiving the notification. If the parties cannot agree to a 14 settlement as to the dispute within ninety days of the date 15 of notification, on motion of any of the parties, the matter 16 shall be referred to the department of inspections and appeals 17 for a contested case hearing under chapter 17A before an 18 administrative law judge assigned in accordance with section 19 10A.801 to determine facts and issue a decision to resolve the 20 dispute. 21 d. (1) The administrative law judge’s decision is a final 22 agency action, notwithstanding contrary provisions of section 23 17A.15 . The party that does not prevail in the decision or 24 subsequent judicial review is liable for costs associated with 25 the proceeding, including reimbursement of the department of 26 inspections and appeals’ actual costs associated with the 27 administrative proceeding. Judicial review of the decision may 28 be sought in accordance with section 17A.19 . 29 (2) If following the decision regarding a dispute in 30 accordance with this subsection , additional evidence becomes 31 available that merits a change in that decision, the parties 32 affected may change the decision by mutual agreement. 33 Otherwise, a party may move that the matter be reconsidered by 34 the department, county, or region, or by the administrative law 35 -70- SF 2418 (2) 87 pf/rn/jh 70/ 112
S.F. 2418 judge. 1 e. (1) Unless a petition is filed for judicial review, 2 the administrative law judge’s decision regarding a disputed 3 billing shall result in one of the following: 4 (a) If a county or region is determined to be responsible 5 for the disputed amounts, the county or region shall pay 6 the amounts due and shall reimburse any other amounts paid 7 for services provided by the other county or region or the 8 department on the person’s behalf prior to the decision. 9 (b) If it is determined that the state is responsible for 10 the disputed amounts, the state shall pay the amounts due and 11 shall reimburse the county or region, as applicable, for any 12 payment made on behalf of the person prior to the decision. 13 (2) The payment or reimbursement shall be remitted within 14 forty-five days of the date the decision was issued. After 15 the forty-five-day period, a penalty of not greater than one 16 percent per month may be added to the amount due. 17 Sec. 77. REPEAL. Section 226.9C, Code 2018, is repealed. 18 DIVISION X 19 IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING 20 Sec. 78. IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING. The 21 department on aging and the department of human services shall 22 collaborate to develop a cost allocation plan requesting 23 Medicaid administrative funding to provide for the claiming 24 of federal financial participation for aging and disability 25 resource center activities that are performed to assist with 26 administration of the Medicaid program. By January 1, 2019, 27 the department of human services shall submit to the centers 28 for Medicare and Medicaid services of the United States 29 department of health and human services any Medicaid state plan 30 amendment as necessary and shall enter into an interagency 31 agreement with the department on aging to implement this 32 section. 33 Sec. 79. EFFECTIVE DATE. This division of this Act, being 34 deemed of immediate importance, takes effect upon enactment. 35 -71- SF 2418 (2) 87 pf/rn/jh 71/ 112
S.F. 2418 DIVISION XI 1 EXECUTIVE DIRECTOR —— DEPARTMENT OF VETERANS AFFAIRS 2 Sec. 80. 2008 Iowa Acts, chapter 1191, section 14, 3 subsection 3, is amended to read as follows: 4 3. The following are range 3 positions: administrator of 5 the division of criminal and juvenile justice planning of the 6 department of human rights, administrator of the division of 7 community action agencies of the department of human rights, 8 executive director of the department of veterans affairs, and 9 chairperson and members of the employment appeal board of the 10 department of inspections and appeals. 11 Sec. 81. 2008 Iowa Acts, chapter 1191, section 14, 12 subsection 5, as amended by 2013 Iowa Acts, chapter 123, 13 section 63, is amended to read as follows: 14 5. The following are range 5 positions: administrator of 15 the division of homeland security and emergency management of 16 the department of public defense, state public defender, drug 17 policy coordinator, labor commissioner, workers’ compensation 18 commissioner, director of the department of cultural affairs, 19 director of the department of elder affairs, director of the 20 law enforcement academy, members of the property assessment 21 appeal board, executive director of the department of veterans 22 affairs, and administrator of the historical division of the 23 department of cultural affairs. 24 Sec. 82. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. 26 DIVISION XII 27 FAMILY PLANNING SERVICES PROGRAM 28 Sec. 83. Section 217.41B, subsection 3, Code 2018, is 29 amended to read as follows: 30 3. a. (1) Distribution of family planning services program 31 funds shall not be made to any entity that performs abortions 32 or that maintains or operates a facility where abortions 33 are performed , which shall not be interpreted to include a 34 nonpublic entity that is a distinct location of a nonprofit 35 -72- SF 2418 (2) 87 pf/rn/jh 72/ 112
S.F. 2418 health care delivery system, if the distinct location provides 1 family planning services but does not perform abortions 2 or maintain or operate as a facility where abortions are 3 performed . 4 (2) The department of human services shall adopt rules 5 pursuant to chapter 17A to require that as a condition of 6 eligibility as a provider under the family planning services 7 program, each distinct location of a nonprofit health care 8 delivery system shall enroll in the program as a separate 9 provider, be assigned a distinct provider identification 10 number, and complete an attestation that abortions are not 11 performed at the distinct location. 12 (3) For the purposes of this section, “nonprofit health 13 care delivery system” means an Iowa nonprofit corporation 14 that controls, directly or indirectly, a regional health 15 care network consisting of hospital facilities and various 16 ambulatory and clinic locations that provide a range of 17 primary, secondary, and tertiary inpatient, outpatient, and 18 physician services. 19 b. For the purposes of this section , “abortion” does not 20 include any of the following: 21 a. (1) The treatment of a woman for a physical 22 disorder, physical injury, or physical illness, including a 23 life-endangering physical condition caused by or arising from 24 the pregnancy itself, that would, as certified by a physician, 25 place the woman in danger of death. 26 b. (2) The treatment of a woman for a spontaneous abortion, 27 commonly known as a miscarriage, when not all of the products 28 of human conception are expelled. 29 DIVISION XIII 30 PROVISIONAL REGIONALIZATION AUTHORIZATION 31 Sec. 84. Section 331.389, subsection 1, paragraphs b and c, 32 Code 2018, are amended to read as follows: 33 b. The director of human services shall exempt a county 34 from being required to enter into a regional service system if 35 -73- SF 2418 (2) 87 pf/rn/jh 73/ 112
S.F. 2418 the county furnishes evidence that the county complies with 1 the requirements in subsection 3 , paragraphs “c” , “d” , “e” , 2 and “f” , and is able to provide the core services required 3 by law to the county’s residents in a manner that is as cost 4 effective and with outcomes that are at least equal to what 5 could be provided to the residents if the county would provide 6 the services through a regional service system. The director 7 shall identify criteria for evaluating the evidence provided by 8 counties applying for the exemption. The criteria identified 9 shall be specified in rule adopted by the state commission. 10 c. b. If a county has been exempted pursuant to this 11 subsection prior to July 1, 2014, from the requirement to enter 12 into a regional service system, the county and the county’s 13 board of supervisors shall fulfill all requirements under 14 this chapter and chapter 225C for a regional service system, 15 regional service system management plan, regional governing 16 board, and regional administrator, and any other provisions 17 applicable to a region of counties providing local mental 18 health and disability services. 19 Sec. 85. Section 331.389, subsection 2, Code 2018, is 20 amended to read as follows: 21 2. The director of human services shall approve any region 22 meeting the requirements of subsection 3 . However, the 23 director of human services, in consultation with the state 24 commission, may grant a waiver from the requirement relating to 25 the minimum number of counties if there is convincing evidence 26 that compliance with such requirement is not workable. 27 Sec. 86. Section 331.389, subsection 3, paragraph a, Code 28 2018, is amended to read as follows: 29 a. The counties comprising the region are contiguous except 30 that a region may include a county that is not contiguous with 31 any of the other counties in the region, if the county that is 32 not contiguous has had a formal relationship for two years or 33 longer with one or more of the other counties in the region for 34 the provision of mental health and disability services . 35 -74- SF 2418 (2) 87 pf/rn/jh 74/ 112
S.F. 2418 Sec. 87. Section 331.389, subsection 4, paragraph c, Code 1 2018, is amended to read as follows: 2 c. During the period of April 2, 2013, through July 1, 3 2013, the The department shall work with any county that has 4 not agreed to be part of a region in accordance with paragraph 5 “a” and with the regions forming around the county to resolve 6 issues preventing the county from joining a region. By July 7 1, 2013, a A county that has not agreed to be part of a region 8 in accordance with paragraph “a” shall be assigned by the 9 department to a region, unless exempted pursuant to subsection 10 1 prior to July 1, 2014 . 11 Sec. 88. Section 331.389, subsection 4, paragraph e, 12 unnumbered paragraph 1, Code 2018, is amended to read as 13 follows: 14 On or before June 30, 2014, unless exempted pursuant to 15 subsection 1 prior to July 1, 2014 , all counties shall be 16 in compliance with all of the following mental health and 17 disability services region implementation criteria: 18 Sec. 89. Section 331.424A, subsection 8, Code 2018, is 19 amended to read as follows: 20 8. a. For the fiscal year beginning July 1, 2017, the 21 regional per capita expenditure target amount is the sum of the 22 base expenditure amount for all counties in the region divided 23 by the population of the region. However, a regional per 24 capita expenditure target amount shall not exceed the statewide 25 per capita expenditure target amount. For the fiscal year 26 beginning July 1, 2018, and each subsequent fiscal year, the 27 regional per capita expenditure target amount for each region 28 is equal to the regional per capita expenditure target amount 29 for the fiscal year beginning July 1, 2017. 30 b. Notwithstanding paragraph “a” , for the fiscal year 31 beginning July 1, 2019, the regional per capita expenditure 32 target amount for a region formed pursuant to the section of 33 this Act which authorizes regionalization is the sum of the 34 base expenditure amount for all counties in the region divided 35 -75- SF 2418 (2) 87 pf/rn/jh 75/ 112
S.F. 2418 by the population of the region. However, the regional per 1 capita expenditure target amount shall not exceed the statewide 2 per capita expenditure target amount. For the fiscal year 3 beginning July 1, 2020, and each subsequent fiscal year, the 4 regional per capita expenditure target amount for the region 5 shall be equal to the regional per capita expenditure target 6 amount for the fiscal year beginning July 1, 2019. 7 Sec. 90. MENTAL HEALTH AND DISABILITY SERVICES —— 8 REGIONALIZATION AUTHORIZATION. 9 1. Upon receiving a request from any county within the 10 county social services mental health and disability services 11 region to be removed from the region, the director of human 12 services may authorize the county to join with other counties 13 requesting to be removed from the county social services mental 14 health and disability services region in the formation of a 15 proposed new mental health and disability services region. 16 2. County formation of a proposed new mental health and 17 disability services region pursuant to this section is subject 18 to all of the following: 19 a. The aggregate population of all counties forming 20 the region is at least 100,000 and includes at least one 21 incorporated city with a population of more than 24,000. For 22 purposes of this subparagraph, “population” means the same as 23 defined in section 331.388, subsection 3, Code 2018. 24 b. Notwithstanding section 331.389, subsection 4, on or 25 before February 1, 2019, the counties forming the region have 26 complied with section 331.389, subsection 3, as amended in 27 this division of this Act, and all of the following additional 28 requirements: 29 (1) The board of supervisors of each county forming the 30 region has voted to approve a chapter 28E agreement. 31 (2) The duly authorized representatives of all the counties 32 forming the region have signed a chapter 28E agreement that is 33 in compliance with section 331.392 and 441 IAC 25.14. 34 (3) The county board of supervisors’ or supervisors’ 35 -76- SF 2418 (2) 87 pf/rn/jh 76/ 112
S.F. 2418 designee members and other members of the region’s governing 1 board are appointed in accordance with section 331.390. 2 (4) Executive staff for the region’s regional administrator 3 are identified or engaged. 4 (5) The regional service management plan is developed in 5 accordance with section 331.393 and 441 IAC 25.18 and 441 IAC 6 25.21 and is submitted to the department. 7 (6) The initial regional service management plan shall 8 identify the service provider network for the region, identify 9 the information technology and data management capacity to be 10 employed to support regional functions, and establish business 11 functions, accounting procedures, and other administrative 12 processes. 13 c. Each county forming the region shall submit the 14 compliance information required in paragraph “b” to the 15 director of human services on or before February 1, 2019. 16 Within 45 days of receipt of such information, the director 17 of human services shall determine if the region is in full 18 compliance and shall approve the region if the region has met 19 all of the requirements of this section. 20 d. The director of human services shall work with a county 21 making a request under this section that has not agreed or 22 is unable to join the proposed new region to resolve issues 23 preventing the county from joining the proposed new region. 24 e. By February 1, 2019, the director of human services shall 25 assign a county making a request under this section that has 26 not reached an agreement to be part of the proposed new region 27 to an existing region or to the new proposed region, consistent 28 with this section. 29 3. If approved by the department, the region shall commence 30 full operations no later than July 1, 2019. 31 Sec. 91. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 DIVISION XIV 34 MANDATORY REPORTER TRAINING AND CERTIFICATION WORKGROUP 35 -77- SF 2418 (2) 87 pf/rn/jh 77/ 112
S.F. 2418 Sec. 92. DEPARTMENT OF HUMAN SERVICES —— MANDATORY REPORTER 1 TRAINING AND CERTIFICATION WORKGROUP. The department of human 2 services, in cooperation with the departments of education 3 and public health, shall facilitate a study by a workgroup of 4 stakeholders to make recommendations relating to mandatory 5 child abuse and mandatory dependent adult abuse reporter 6 training and certification requirements. The workgroup shall 7 develop interdepartmental strategies for improving mandatory 8 child abuse and mandatory dependent adult abuse reporter 9 training and certification requirements. The workgroup 10 shall consist of representatives from the departments of 11 human services, education, public health, public safety, and 12 human rights, the department on aging, and the office of the 13 attorney general; a court appointed special advocate; and other 14 experts the department of human services deems necessary. The 15 membership of the workgroup shall also include four members of 16 the general assembly. The legislative members shall serve as 17 ex officio, nonvoting members of the workgroup, with one member 18 to be appointed by each of the following: the majority leader 19 of the senate, the minority leader of the senate, the speaker 20 of the house of representatives, and the minority leader of the 21 house of representatives. The workgroup shall submit a report 22 with recommendations, including but not limited to strategies 23 developed and other proposed improvements, to the governor and 24 the general assembly on or before December 15, 2018. 25 DIVISION XV 26 NURSING FACILITY QUALITY ASSURANCE ASSESSMENT 27 Sec. 93. Section 249L.3, subsection 1, paragraph d, Code 28 2018, is amended to read as follows: 29 d. The aggregate quality assurance assessments imposed under 30 this chapter shall not exceed the lower of three percent of the 31 aggregate non-Medicare revenues of a nursing facility or the 32 maximum amount that may be assessed pursuant to the indirect 33 guarantee threshold as established pursuant to 42 C.F.R. 34 §433.68(f)(3)(i), and shall be stated on a per-patient-day 35 -78- SF 2418 (2) 87 pf/rn/jh 78/ 112
S.F. 2418 basis. 1 Sec. 94. Section 249L.4, subsection 2, Code 2018, is amended 2 to read as follows: 3 2. Moneys in the trust fund shall be used, subject to 4 their appropriation by the general assembly, by the department 5 only for reimbursement of nursing facility services for which 6 federal financial participation under the medical assistance 7 program is available to match state funds. Any moneys Moneys 8 appropriated from the trust fund for reimbursement of nursing 9 facilities, in addition to the quality assurance assessment 10 pass-through and the quality assurance assessment rate add-on 11 which shall be used as specified in subsection 5 , paragraph “b” , 12 shall be used in a manner such that no less than thirty-five 13 percent of the amount received by a nursing facility is used 14 for increases in compensation and costs of employment for 15 direct care workers, and no less than sixty percent of the 16 total is used to increase compensation and costs of employment 17 for all nursing facility staff. For the purposes of use of 18 such funds, “direct care worker” , “nursing facility staff” , 19 “increases in compensation” , and “costs of employment” mean as 20 defined or specified in this chapter . 21 Sec. 95. DIRECTIVES TO DEPARTMENT OF HUMAN SERVICES. 22 1. The department of human services shall request approval 23 from the centers for Medicare and Medicaid services of the 24 United States department of health and human services for any 25 waiver or state plan amendment necessary to administer this 26 division of this Act. 27 2. The change in the quality assurance assessment shall 28 accrue beginning on the first day of the calendar quarter 29 following the date of approval of any waiver or state plan 30 amendment. 31 DIVISION XVI 32 SEXUAL OFFENSES AND SEX OFFENDERS 33 Sec. 96. Section 229A.2, subsection 4, Code 2018, is amended 34 to read as follows: 35 -79- SF 2418 (2) 87 pf/rn/jh 79/ 112
S.F. 2418 4. “Discharge” means an unconditional discharge from the 1 sexually violent predator program. A person released from a 2 secure facility into a transitional release program or released 3 with or without supervision is not considered to be discharged. 4 Sec. 97. Section 229A.5B, subsection 1, unnumbered 5 paragraph 1, Code 2018, is amended to read as follows: 6 A person who is detained pursuant to section 229A.5 or is 7 subject to an order of civil commitment under this chapter 8 shall remain in custody unless released by court order or 9 discharged under section 229A.8 or 229A.10 . A person who has 10 been placed in a transitional release program or who is under 11 release with or without supervision is considered to be in 12 custody. A person in custody under this chapter shall not do 13 any of the following: 14 Sec. 98. Section 229A.5C, subsection 4, Code 2018, is 15 amended to read as follows: 16 4. A person who committed a public offense while in a 17 transitional release program or on release with or without 18 supervision may be returned to a secure facility operated by 19 the department of human services upon completion of any term 20 of confinement that resulted from the commission of the public 21 offense. 22 Sec. 99. Section 229A.6A, subsection 1, paragraph d, Code 23 2018, is amended to read as follows: 24 d. To a facility for placement or treatment in a 25 transitional release program or for release with or without 26 supervision. A transport order is not required under this 27 paragraph. 28 Sec. 100. Section 229A.7, subsection 7, Code 2018, is 29 amended to read as follows: 30 7. The control, care, and treatment of a person determined 31 to be a sexually violent predator shall be provided at a 32 facility operated by the department of human services. At all 33 times prior to placement in a transitional release program 34 or release with or without supervision, persons committed 35 -80- SF 2418 (2) 87 pf/rn/jh 80/ 112
S.F. 2418 for control, care, and treatment by the department of human 1 services pursuant to this chapter shall be kept in a secure 2 facility and those patients shall be segregated at all times 3 from any other patient under the supervision of the department 4 of human services. A person committed pursuant to this chapter 5 to the custody of the department of human services may be kept 6 in a facility or building separate from any other patient 7 under the supervision of the department of human services. 8 The department of human services may enter into a chapter 9 28E agreement with the department of corrections or other 10 appropriate agency in this state or another state for the 11 confinement of patients who have been determined to be sexually 12 violent predators. Patients who are in the custody of the 13 director of the department of corrections pursuant to a chapter 14 28E agreement and who have not been placed in a transitional 15 release program or released with or without supervision shall 16 be housed and managed separately from criminal offenders in 17 the custody of the director of the department of corrections, 18 and except for occasional instances of supervised incidental 19 contact, shall be segregated from those offenders. 20 Sec. 101. Section 229A.8B, subsection 3, Code 2018, is 21 amended to read as follows: 22 3. Upon the return of the committed person to a secure 23 facility, the director of human services or the director’s 24 designee shall notify the court that issued the ex parte order 25 that the absconder has been returned to a secure facility, and 26 the court shall set a hearing within five days to determine if 27 a violation occurred. If a court order was not issued, the 28 director or the director’s designee shall contact the nearest 29 district court with jurisdiction to set a hearing to determine 30 whether a violation of the rules or directives occurred. The 31 court shall schedule a hearing within five days of after 32 receiving notice that the committed person has been returned 33 from the transitional release program to a secure facility. 34 Sec. 102. Section 229A.9A, Code 2018, is amended to read as 35 -81- SF 2418 (2) 87 pf/rn/jh 81/ 112
S.F. 2418 follows: 1 229A.9A Release with or without supervision. 2 1. In any proceeding under section 229A.8 , the court may 3 order the committed person released with or without supervision 4 if any of the following apply: 5 a. The attorney general stipulates to the release with or 6 without supervision. 7 b. The court or jury has determined that the person should 8 be discharged released from the program a secure facility or 9 a transitional release program , but the court has determined 10 the person suffers from a mental abnormality and it is in the 11 best interest of the community to order release with or without 12 supervision before the committed person is discharged. 13 2. If release with or without supervision is ordered, the 14 department of human services shall prepare within sixty days of 15 the order of the court a release plan addressing the person’s 16 needs for counseling, medication, community support services, 17 residential services, vocational services, alcohol or other 18 drug abuse treatment, sex offender treatment, or any other 19 treatment or supervision necessary. 20 3. The court shall set a hearing on the release plan 21 prepared by the department of human services before the 22 committed person is released from a secure facility or a 23 transitional release program. 24 4. If the court orders release with supervision, the court 25 shall order supervision by an agency with jurisdiction that 26 is familiar with the placement of criminal offenders in the 27 community. The agency with jurisdiction shall be responsible 28 for initiating proceedings for violations of the release plan 29 as provided in section 229A.9B . If the court orders release 30 without supervision, the agency with jurisdiction shall also be 31 responsible for initiating proceedings for any violations of 32 the release plan as provided in section 229A.9B . 33 5. A committed person may not petition the court for release 34 with or without supervision. 35 -82- SF 2418 (2) 87 pf/rn/jh 82/ 112
S.F. 2418 6. A committed person released with or without supervision 1 is not considered discharged from civil commitment under this 2 chapter . 3 7. After being released with or without supervision, the 4 person may petition the court for discharge as provided in 5 section 229A.8 . 6 8. The court shall retain jurisdiction over the committed 7 person who has been released with or without supervision until 8 the person is discharged from the program. The department 9 of human services or a judicial district department of 10 correctional services shall not be held liable for any acts 11 committed by a committed person who has been ordered released 12 with or without supervision. 13 Sec. 103. Section 229A.9B, Code 2018, is amended to read as 14 follows: 15 229A.9B Violations of release with or without supervision. 16 1. If a committed person violates the release plan, the 17 agency with jurisdiction over the person may request the 18 district court to issue an emergency ex parte order directing 19 any law enforcement officer to take the person into custody 20 so that the person can be returned to a secure facility. 21 The request for an ex parte order may be made orally or by 22 telephone, but the original written request or a facsimile copy 23 of the request shall be filed with the clerk of court no later 24 than 4:30 p.m. on the next business day the office of the clerk 25 of court is open. 26 2. If a committed person has absconded in violation of the 27 conditions of the person’s release plan, a presumption arises 28 that the person poses a risk to public safety. The department 29 of human services or contracting agency, in cooperation with 30 local law enforcement agencies, may make a public announcement 31 about the absconder. The public announcement may include a 32 description of the committed person, that the committed person 33 is on release with or without supervision from the sexually 34 violent predator program, and any other information pertinent 35 -83- SF 2418 (2) 87 pf/rn/jh 83/ 112
S.F. 2418 to public safety. 1 3. Upon the return of the committed person to a secure 2 facility, the director of human services or the director’s 3 designee shall notify the court that issued the ex parte 4 order that the committed person has been returned to a secure 5 facility, and the court shall set hearing within five days to 6 determine if a violation occurred. If a court order was not 7 issued, the director or the director’s designee shall contact 8 the nearest district court with jurisdiction to set a hearing 9 to determine whether a violation of the conditions of the 10 release plan occurred. The court shall schedule a hearing 11 within five days of after receiving notice that the committed 12 person has been returned to a secure facility. 13 4. At the hearing, the burden shall be upon the attorney 14 general to show by a preponderance of the evidence that a 15 violation of the release plan occurred. 16 5. If the court determines a violation occurred, the court 17 shall receive release recommendations from the department of 18 human services and either order that the committed person be 19 returned to release with or without supervision or placed 20 in a transitional release program, or be confined in a 21 secure facility. The court may impose further conditions 22 upon the committed person if returned to release with or 23 without supervision or placed in the transitional release 24 program. If the court determines no violation occurred, the 25 committed person shall be returned to release with or without 26 supervision. 27 Sec. 104. Section 232.68, subsection 2, paragraph a, 28 subparagraph (3), Code 2018, is amended to read as follows: 29 (3) The commission of a sexual offense with or to a child 30 pursuant to chapter 709 , section 726.2 , or section 728.12, 31 subsection 1 , as a result of the acts or omissions of the 32 person responsible for the care of the child or of a person who 33 is fourteen years of age or older and resides in a home with 34 the child. Notwithstanding section 702.5 , the commission of 35 -84- SF 2418 (2) 87 pf/rn/jh 84/ 112
S.F. 2418 a sexual offense under this subparagraph includes any sexual 1 offense referred to in this subparagraph with or to a person 2 under the age of eighteen years. 3 Sec. 105. Section 232.68, subsection 2, paragraph a, 4 subparagraph (9), Code 2018, is amended to read as follows: 5 (9) (a) Knowingly A person who is responsible for the 6 care of a child knowingly allowing a person another person 7 custody or of, control of over , or unsupervised access to a 8 child or minor child under the age of fourteen or a child with 9 a physical or mental disability , after knowing the person 10 other person is required to register or is on the sex offender 11 registry under chapter 692A for a violation of section 726.6 . 12 (b) This subparagraph does not apply in any of the following 13 circumstances: 14 (i) A child living with a parent or guardian who is a sex 15 offender required to register or on the sex offender registry 16 under chapter 692A. 17 (ii) A child living with a parent or guardian who is married 18 to and living with a sex offender required to register or on 19 the sex offender registry under chapter 692A. 20 (iii) A child who is a sex offender required to register or 21 on the sex offender registry under chapter 692A who is living 22 with the child’s parent, guardian, or foster parent and is also 23 living with the child to whom access was allowed. 24 (c) For purposes of this subparagraph, “control over” means 25 any of the following: 26 (i) A person who has accepted, undertaken, or assumed 27 supervision of a child from the parent or guardian of the 28 child. 29 (ii) A person who has undertaken or assumed temporary 30 supervision of a child without explicit consent from the parent 31 or guardian of the child. 32 Sec. 106. Section 901A.2, subsection 6, Code 2018, is 33 amended to read as follows: 34 6. A person who has been placed in a transitional release 35 -85- SF 2418 (2) 87 pf/rn/jh 85/ 112
S.F. 2418 program, released with or without supervision, or discharged 1 pursuant to chapter 229A , and who is subsequently convicted of 2 a sexually predatory offense or a sexually violent offense, 3 shall be sentenced to life in prison on the same terms as 4 a class “A” felon under section 902.1 , notwithstanding any 5 other provision of the Code to the contrary. The terms and 6 conditions applicable to sentences for class “A” felons under 7 chapters 901 through 909 shall apply to persons sentenced under 8 this subsection . However, if the person commits a sexually 9 violent offense which is a misdemeanor offense under chapter 10 709 , the person shall be sentenced to life in prison, with 11 eligibility for parole as provided in chapter 906 . 12 DIVISION XVII 13 MEDICAID RETROACTIVE ELIGIBILITY 14 Sec. 107. 2017 Iowa Acts, chapter 174, section 12, 15 subsection 15, paragraph a, subparagraph (7), is amended to 16 read as follows: 17 (7) (a) Elimination of the three-month retroactive 18 Medicaid coverage benefit for Medicaid applicants effective 19 October 1, 2017. The department shall seek a waiver from 20 the centers for Medicare and Medicaid services of the United 21 States department of health and human services to implement 22 the strategy. If federal approval is received, an applicant’s 23 Medicaid coverage shall be effective on the first day of the 24 month of application, as allowed under the Medicaid state plan. 25 (b) Effective July 1, 2018, a three-month retroactive 26 Medicaid coverage benefit shall apply to a Medicaid applicant 27 who is otherwise Medicaid-eligible and is a resident of a 28 nursing facility licensed under chapter 135C. The department 29 shall seek federal approval for any Medicaid waiver or state 30 plan amendment necessary to implement this subparagraph (b). 31 Sec. 108. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 DIVISION XVIII 34 MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER OF FUNDS 35 -86- SF 2418 (2) 87 pf/rn/jh 86/ 112
S.F. 2418 Sec. 109. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 1 OF FUNDS. Notwithstanding section 331.432, a county with a 2 population of over 300,000 based on the most recent federal 3 decennial census, may transfer funds from any other fund of the 4 county to the mental health and disability regional services 5 fund for the purposes of providing mental health and disability 6 services for the fiscal year beginning July 1, 2018, and 7 ending June 30, 2019. The county shall submit a report to 8 the governor and the general assembly by September 1, 2019, 9 including the source of any funds transferred, the amount of 10 the funds transferred, and the mental health and disability 11 services provided with the transferred funds. 12 DIVISION XIX 13 MISCELLANEOUS TECHNICAL PROVISIONS 14 Sec. 110. Section 135.15, Code 2018, is amended to read as 15 follows: 16 135.15 Oral and health delivery system bureau established —— 17 responsibilities. 18 An oral and health delivery system bureau is established 19 within the division of health promotion and chronic disease 20 prevention of the department. The bureau shall be responsible 21 for all of the following: 22 1. Providing population-based oral health services, 23 including public health training, improvement of dental support 24 systems for families, technical assistance, awareness-building 25 activities, and educational services, at the state and local 26 level to assist Iowans in maintaining optimal oral health 27 throughout all stages of life. 28 2. Performing infrastructure building and enabling services 29 through the administration of state and federal grant programs 30 targeting access improvement, prevention, and local oral 31 health programs utilizing maternal and child health programs, 32 Medicaid, and other new or existing programs. 33 3. Leveraging federal, state, and local resources for 34 programs under the purview of the bureau. 35 -87- SF 2418 (2) 87 pf/rn/jh 87/ 112
S.F. 2418 4. Facilitating ongoing strategic planning and application 1 of evidence-based research in oral health care policy 2 development that improves oral health care access and the 3 overall oral health of all Iowans. 4 5. Developing and implementing an ongoing oral health 5 surveillance system for the evaluation and monitoring of 6 the oral health status of children and other underserved 7 populations. 8 6. Facilitating the provision of oral health services 9 through dental homes. For the purposes of this section, 10 “dental home” means a network of individualized care based on 11 risk assessment, which includes oral health education, dental 12 screenings, preventive services, diagnostic services, treatment 13 services, and emergency services. 14 Sec. 111. Section 135.175, subsection 1, paragraph a, Code 15 2018, is amended to read as follows: 16 a. A health care workforce support initiative is established 17 to provide for the coordination and support of various efforts 18 to address the health care workforce shortage in this state. 19 This initiative shall include the medical residency training 20 state matching grants program created in section 135.176 , 21 the nurse residency state matching grants program created in 22 section 135.178, and the fulfilling Iowa’s need for dentists 23 matching grant program created in section 135.179 . 24 Sec. 112. Section 135.175, subsection 5, Code 2018, is 25 amended by adding the following new paragraph: 26 NEW PARAGRAPH . b. The nurse residency state matching grants 27 program account. The nurse residency state matching grants 28 program account shall be under the control of the department 29 and the moneys in the account shall be used for the purposes of 30 the nurse residency state matching grants program as specified 31 in section 135.178. Moneys in the account shall consist of 32 moneys appropriated or allocated for deposit in or received 33 by the fund or the account and specifically dedicated to the 34 nurse residency state matching grants program account for the 35 -88- SF 2418 (2) 87 pf/rn/jh 88/ 112
S.F. 2418 purposes of such account. 1 Sec. 113. Section 135.175, subsection 6, paragraph a, Code 2 2018, is amended to read as follows: 3 a. Moneys in the fund and the accounts in the fund shall 4 only be appropriated in a manner consistent with the principles 5 specified and the strategic plan developed pursuant to section 6 135.163 to support the medical residency training state 7 matching grants program, the nurse residency state matching 8 grants program, the fulfilling Iowa’s need for dentists 9 matching grant program, and to provide funding for state health 10 care workforce shortage programs as provided in this section . 11 DIVISION XX 12 STATE TRAINING SCHOOL —— ELDORA 13 Sec. 114. Section 233A.1, Code 2018, is amended to read as 14 follows: 15 233A.1 State training school —— Eldora and Toledo . 16 1. Effective January 1, 1992, a diagnosis and evaluation 17 center and other units are established at Eldora the 18 state training school to provide to court-committed 19 male juvenile delinquents a program which focuses upon 20 appropriate developmental skills, treatment, placements, and 21 rehabilitation. 22 2. The diagnosis and evaluation center which is used to 23 identify appropriate treatment and placement alternatives for 24 juveniles and any other units for juvenile delinquents which 25 are located at Eldora and the unit for juvenile delinquents at 26 Toledo shall together be known as the “state training school” . 27 For the purposes of this chapter “director” means the director 28 of human services and “superintendent” means the administrator 29 in charge of the diagnosis and evaluation center for juvenile 30 delinquents and other units at Eldora and the unit for juvenile 31 delinquents at Toledo the state training school . 32 3. The number of children present at any one time at the 33 state training school at Eldora shall not exceed the population 34 guidelines established under 1990 Iowa Acts, ch. 1239, §21 , as 35 -89- SF 2418 (2) 87 pf/rn/jh 89/ 112
S.F. 2418 adjusted for subsequent changes in the capacity at the training 1 school. 2 Sec. 115. Section 233A.14, Code 2018, is amended to read as 3 follows: 4 233A.14 Transfers to other institutions. 5 The administrator may transfer to the schools state training 6 school minor wards of the state from any institution under the 7 administrator’s charge but no person shall be so transferred 8 who is mentally ill or has an intellectual disability. Any 9 child in the schools state training school who is mentally ill 10 or has an intellectual disability may be transferred by the 11 administrator to the proper state institution. 12 Sec. 116. Section 915.29, subsection 1, unnumbered 13 paragraph 1, Code 2018, is amended to read as follows: 14 The department of human services shall notify a registered 15 victim regarding a juvenile adjudicated delinquent for a 16 violent crime, committed to the custody of the department of 17 human services, and placed at the state training school at 18 Eldora or Toledo , of the following: 19 DIVISION XXI 20 GERIATRIC PATIENT HOUSING REVIEW 21 Sec. 117. GERIATRIC PATIENT HOUSING REVIEW. 22 1. During the 2018 legislative interim, the department 23 on aging and the departments of human services, inspections 24 and appeals, and corrections, cooperatively, shall review 25 issues and develop policy recommendations relating to housing 26 for geriatric persons, including geriatric individuals 27 who are registered on the sex offender registry or who are 28 sexually aggressive. The review shall address all aspects 29 of the issue including the feasibility of private entities 30 utilizing facilities located at Mount Pleasant, Clarinda, 31 or other vacant, state-owned facilities to care for such 32 geriatric persons; related workforce recruitment and training; 33 requirements that a facility must meet in order to receive 34 Medicaid reimbursement; and any other information or issues 35 -90- SF 2418 (2) 87 pf/rn/jh 90/ 112
S.F. 2418 deemed appropriate by the agencies. 1 2. The agencies shall submit a joint report with 2 recommendations to the governor and general assembly by 3 December 15, 2018. 4 DIVISION XXII 5 DISTRIBUTION OF FEDERAL FUNDS —— RESTRICTIONS —— ABORTION 6 Sec. 118. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES 7 ACT FUNDS FOR FAMILY PLANNING. 8 1. The department of public health shall annually apply 9 to the United States department of health and human services 10 for grant funding under Tit. X of the federal Public Health 11 Services Act, 42 U.S.C. §300 et seq. The department shall 12 distribute all grant funding received to applicants in the 13 following order of priority: 14 a. Public entities that provide family planning services 15 including state, county, or local community health clinics and 16 federally qualified health centers. 17 b. Nonpublic entities that, in addition to family planning 18 services, provide required primary health services as described 19 in 42 U.S.C. §254b(b)(1)(A). 20 c. Nonpublic entities that provide family planning 21 services but do not provide required primary health services as 22 described in 42 U.S.C. §254b(b)(1)(A). 23 2. Distribution of funds under this section shall be made in 24 a manner that continues access to family planning services. 25 3. Distribution of funds shall not be made to any entity 26 that performs abortions or that maintains or operates a 27 facility where abortions are performed. For the purposes of 28 this section, “abortion” does not include any of the following: 29 a. The treatment of a woman for a physical disorder, 30 physical injury, or physical illness, including a 31 life-endangering physical condition caused by or arising from 32 the pregnancy itself, that would, as certified by a physician, 33 place the woman in danger of death. 34 b. The treatment of a woman for a spontaneous abortion, 35 -91- SF 2418 (2) 87 pf/rn/jh 91/ 112
S.F. 2418 commonly known as a miscarriage. 1 3A. a. For the purposes of this section, an entity that 2 performs abortions or that maintains or operates a facility 3 where abortions are performed shall not be interpreted to 4 include a nonpublic entity that is a distinct location of 5 a nonprofit health care delivery system, if the distinct 6 location provides family planning services but does not perform 7 abortions or maintain or operate as a facility where abortions 8 are performed. 9 b. The department of public health shall adopt rules 10 pursuant to chapter 17A to require that as a condition of 11 receiving funds under this section, each distinct location of 12 a nonprofit health care delivery system shall apply for and 13 be awarded funds as a separate provider, shall be assigned a 14 distinct provider identification number, and shall complete an 15 attestation that abortions are not performed at the distinct 16 location. 17 c. For the purposes of this section, “nonprofit health 18 care delivery system” means an Iowa nonprofit corporation 19 that controls, directly or indirectly, a regional health 20 care network consisting of hospital facilities and various 21 ambulatory and clinic locations that provide a range of 22 primary, secondary, and tertiary inpatient, outpatient, and 23 physician services. 24 4. Funds distributed in accordance with this section shall 25 not be used for direct or indirect costs, including but not 26 limited to administrative costs or expenses, overhead, employee 27 salaries, rent, and telephone and other utility costs, related 28 to providing abortions as specified in this section. 29 5. The department of public health shall submit a report to 30 the governor and the general assembly, annually by January 1, 31 listing any entities that received funds pursuant to subsection 32 1, paragraph “c”, and the amount and type of funds received by 33 such entities during the preceding calendar year. The report 34 shall provide a detailed explanation of how the department 35 -92- SF 2418 (2) 87 pf/rn/jh 92/ 112
S.F. 2418 determined that distribution of funds to such an entity, 1 instead of to an entity described in subsection 1, paragraph 2 “a” or “b”, was necessary to prevent severe limitation or 3 elimination of access to family planning services in the region 4 of the state where the entity is located. 5 Sec. 119. ADMINISTRATION OF PERSONAL RESPONSIBILITY 6 EDUCATION PROGRAM AND ABSTINENCE EDUCATION GRANT PROGRAM 7 FUNDS. Any project period entered into on or after July 1, 8 2018, by the department of public health to administer the 9 personal responsibility education program as specified in 10 42 U.S.C. §713 or to administer the abstinence education 11 grant program authorized pursuant to section 510 of Tit. 12 V of the federal Social Security Act, shall exclude as 13 an eligible applicant any applicant entity that provides 14 abortions, maintains or operates a facility where abortions 15 are performed, or regularly makes referrals to an entity that 16 provides abortions or maintains or operates a facility where 17 abortions are performed. For the purposes of this section, 18 such referrals include but are not limited to referrals made by 19 reference to an internet site or by linking to an internet site 20 maintained by an entity that provides abortions or maintains or 21 operates a facility where abortions are performed. 22 Sec. 120. AWARD OF COMMUNITY ADOLESCENT PREGNANCY 23 PREVENTION AND SERVICES PROGRAM GRANT FUNDS. Any project 24 period entered into on or after July 1, 2018, by the department 25 of human services to award a community adolescent pregnancy 26 prevention and services program grant using federal temporary 27 assistance for needy families block grant funds appropriated 28 to the department shall exclude as an eligible applicant any 29 applicant entity that provides abortions, maintains or operates 30 a facility where abortions are performed, or regularly makes 31 referrals to an entity that provides abortions or maintains or 32 operates a facility where abortions are performed. For the 33 purposes of this section, such referrals include but are not 34 limited to referrals made by reference to an internet site or 35 -93- SF 2418 (2) 87 pf/rn/jh 93/ 112
S.F. 2418 by linking to an internet site maintained by an entity that 1 provides abortions or maintains or operates a facility where 2 abortions are performed. 3 DIVISION XXIII 4 WRONGFUL BIRTH OR WRONGFUL LIFE CAUSE OF ACTION 5 Sec. 121. NEW SECTION . 613.15B Wrongful birth or wrongful 6 life cause of action —— prohibitions —— exceptions. 7 1. A cause of action shall not arise and damages shall not 8 be awarded, on behalf of any person, based on a wrongful birth 9 claim that, but for an act or omission of the defendant, a 10 child would not or should not have been born. 11 2. A cause of action shall not arise and damages shall not 12 be awarded, on behalf of any person, based on a wrongful life 13 claim that, but for an act or omission of the defendant, the 14 person bringing the action would not or should not have been 15 born. 16 3. The prohibitions specified in this section apply to any 17 claim regardless of whether the child is born healthy or with a 18 birth defect or disorder or other adverse medical condition. 19 However, the prohibitions specified in this section shall not 20 apply to any of the following: 21 a. A civil action for damages for an intentional or grossly 22 negligent act or omission, including any act or omission that 23 constitutes a public offense. 24 b. A civil action for damages for the intentional failure 25 of a physician to comply with the duty imposed by licensure 26 pursuant to chapter 148 to provide a patient with all 27 information reasonably necessary to make decisions about a 28 pregnancy. 29 Sec. 122. EFFECTIVE DATE. This division of this Act, being 30 deemed of immediate importance, takes effect upon enactment. 31 Sec. 123. APPLICABILITY. This division of this Act applies 32 on or after the effective date of this division of this Act to 33 causes of action that accrue on or after that date. A cause of 34 action that accrues before the effective date of this division 35 -94- SF 2418 (2) 87 pf/rn/jh 94/ 112
S.F. 2418 of this Act is governed by the law in effect prior to the 1 effective date of this division of this Act. 2 DIVISION XXIV 3 TRANSFERS OF FUNDS BETWEEN DHS INSTITUTIONS 4 Sec. 124. Section 218.6, Code 2018, is amended to read as 5 follows: 6 218.6 Transfer of appropriations made to institutions. 7 1. Notwithstanding section 8.39, subsection 1 , without the 8 prior written consent and approval of the governor and the 9 director of the department of management, the director of human 10 services may transfer funds between the appropriations made for 11 the institutions, listed as follows: 12 1. a. The state resource centers. 13 2. b. The state mental health institutes. 14 3. c. The state training school. 15 4. d. The civil commitment unit for sexual offenders. 16 2. The department shall report any transfer made pursuant 17 to subsection 1 during a fiscal quarter to the legislative 18 services agency within thirty days of the beginning of the 19 subsequent fiscal quarter. 20 DIVISION XXV 21 MEDICAL CANNABIDIOL 22 Sec. 125. Section 124E.7, subsections 7 and 8, Code 2018, 23 are amended to read as follows: 24 7. A medical cannabidiol manufacturer shall not employ 25 a person who is under eighteen years of age or who has been 26 convicted of a disqualifying felony offense. An employee 27 of a medical cannabidiol manufacturer shall be subject to a 28 background investigation conducted by the division of criminal 29 investigation of the department of public safety and a national 30 criminal history background check pursuant to section 124E.19 . 31 8. A medical cannabidiol manufacturer owner shall not have 32 been convicted of a disqualifying felony offense and shall be 33 subject to a background investigation conducted by the division 34 of criminal investigation of the department of public safety 35 -95- SF 2418 (2) 87 pf/rn/jh 95/ 112
S.F. 2418 and a national criminal history background check pursuant to 1 section 124E.19 . 2 Sec. 126. Section 124E.9, subsections 7 and 8, Code 2018, 3 are amended to read as follows: 4 7. A medical cannabidiol dispensary shall not employ a 5 person who is under eighteen years of age or who has been 6 convicted of a disqualifying felony offense. An employee 7 of a medical cannabidiol dispensary shall be subject to a 8 background investigation conducted by the division of criminal 9 investigation of the department of public safety and a national 10 criminal history background check pursuant to section 124E.19 . 11 8. A medical cannabidiol dispensary owner shall not have 12 been convicted of a disqualifying felony offense and shall be 13 subject to a background investigation conducted by the division 14 of criminal investigation of the department of public safety 15 and a national criminal history background check pursuant to 16 section 124E.19 . 17 Sec. 127. Section 124E.10, Code 2018, is amended by striking 18 the section and inserting in lieu thereof the following: 19 124E.10 Fees. 20 All fees collected by the department under this chapter 21 shall be retained by the department for operation of the 22 medical cannabidiol registration card program and the medical 23 cannabidiol manufacturer and medical cannabidiol dispensary 24 licensing programs. The moneys retained by the department 25 shall be considered repayment receipts as defined in section 26 8.2 and shall be used for any of the department’s duties 27 under this chapter, including but not limited to the addition 28 of full-time equivalent positions for program services and 29 investigations. Notwithstanding section 8.33, moneys retained 30 by the department pursuant to this section shall not revert to 31 the general fund of the state but shall remain available for 32 expenditure only for the purposes specified in this section. 33 Sec. 128. NEW SECTION . 124E.19 Background investigations. 34 1. The division of criminal investigation of the 35 -96- SF 2418 (2) 87 pf/rn/jh 96/ 112
S.F. 2418 department of public safety shall conduct thorough 1 background investigations for the purposes of licensing 2 medical cannabidiol manufacturers and medical cannabidiol 3 dispensaries under this chapter. The results of any background 4 investigation conducted pursuant to this section shall be 5 presented to the department. 6 a. An applicant for a medical cannabidiol manufacturer 7 license or a medical cannabidiol dispensary license and their 8 owners, investors, and employees shall submit all required 9 information on a form prescribed by the department of public 10 safety. 11 b. The department shall charge an applicant for a medical 12 cannabidiol manufacturer license or a medical cannabidiol 13 dispensary license a fee determined by the department of public 14 safety and adopted by the department by rule to defray the 15 costs associated with background investigations conducted 16 pursuant to the requirements of this section. The fee shall 17 be in addition to any other fees charged by the department. 18 The fee may be retained by the department of public safety and 19 shall be considered repayment receipts as defined in section 20 8.2. 21 2. The department shall require an applicant for a medical 22 cannabidiol manufacturer license or a medical cannabidiol 23 dispensary license, their owners and investors, and applicants 24 for employment at a medical cannabidiol manufacturer or 25 medical cannabidiol dispensary to submit fingerprints and other 26 required identifying information to the department on a form 27 prescribed by the department of public safety. The department 28 shall submit the fingerprint cards and other identifying 29 information to the division of criminal investigation of the 30 department of public safety for submission to the federal 31 bureau of investigation for the purpose of conducting a 32 national criminal history record check. The department may 33 require employees and contractors involved in carrying out 34 a background investigation to submit fingerprints and other 35 -97- SF 2418 (2) 87 pf/rn/jh 97/ 112
S.F. 2418 identifying information for the same purpose. 1 3. The department may enter into a chapter 28E agreement 2 with the department of public safety to meet the requirements 3 of this section. 4 4. An applicant for a medical cannabidiol manufacturer 5 license or a medical cannabidiol dispensary license shall 6 submit information and fees required by this section at the 7 time of application. 8 5. The results of background investigations conducted 9 pursuant to this section shall not be considered public records 10 under chapter 22. 11 Sec. 129. EFFECTIVE UPON ENACTMENT. This division of this 12 Act, being deemed of immediate importance, takes effect upon 13 enactment. 14 DIVISION XXVI 15 DEPARTMENT OF HUMAN SERVICES PROGRAMS AND ACTIVITIES 16 INMATES OF PUBLIC INSTITUTIONS —— MEDICAID 17 Sec. 130. Section 249A.38, Code 2018, is amended to read as 18 follows: 19 249A.38 Inmates of public institutions —— suspension or 20 termination of medical assistance. 21 1. The following conditions shall apply to Following the 22 first thirty days of commitment, the department shall suspend 23 the eligibility of an individual who is an inmate of a public 24 institution as defined in 42 C.F.R. §435.1010 , who is enrolled 25 in the medical assistance program at the time of commitment to 26 the public institution, and who remains eligible for medical 27 assistance as an individual except for the individual’s 28 institutional status : 29 a. The department shall suspend the individual’s 30 eligibility for up to the initial twelve months of the period 31 of commitment. The department shall delay the suspension 32 of eligibility for a period of up to the first thirty days 33 of commitment if such delay is approved by the centers for 34 Medicare and Medicaid services of the United States department 35 -98- SF 2418 (2) 87 pf/rn/jh 98/ 112
S.F. 2418 of health and human services. If such delay is not approved, 1 the department shall suspend eligibility during the entirety 2 of the initial twelve months of the period of commitment. 3 Claims submitted on behalf of the individual under the medical 4 assistance program for covered services provided during the 5 delay period shall only be reimbursed if federal financial 6 participation is applicable to such claims. 7 b. The department shall terminate an individual’s 8 eligibility following a twelve-month period of suspension 9 of the individual’s eligibility under paragraph “a” , during 10 the period of the individual’s commitment to the public 11 institution . 12 2. a. A public institution shall provide the department and 13 the social security administration with a monthly report of the 14 individuals who are committed to the public institution and of 15 the individuals who are discharged from the public institution. 16 The monthly report to the department shall include the date 17 of commitment or the date of discharge, as applicable, of 18 each individual committed to or discharged from the public 19 institution during the reporting period. The monthly report 20 shall be made through the reporting system created by the 21 department for public, nonmedical institutions to report inmate 22 populations. Any medical assistance expenditures, including 23 but not limited to monthly managed care capitation payments, 24 provided on behalf of an individual who is an inmate of a 25 public institution but is not reported to the department 26 in accordance with this subsection, shall be the financial 27 responsibility of the respective public institution. 28 b. The department shall provide a public institution with 29 the forms necessary to be used by the individual in expediting 30 restoration of the individual’s medical assistance benefits 31 upon discharge from the public institution. 32 3. This section applies to individuals as specified in 33 subsection 1 on or after January 1, 2012. 34 4. 3. The department may adopt rules pursuant to chapter 35 -99- SF 2418 (2) 87 pf/rn/jh 99/ 112
S.F. 2418 17A to implement this section. 1 MEDICAID PROGRAM ADMINISTRATION 2 Sec. 131. MEDICAID PROGRAM ADMINISTRATION. 3 1. PROVIDER PROCESSES AND PROCEDURES. 4 a. When all of the required documents and other information 5 necessary to process a claim have been received by a managed 6 care organization, the managed care organization shall 7 either provide payment to the claimant within the timelines 8 specified in the managed care contract or, if the managed 9 care organization is denying the claim in whole or in part, 10 shall provide notice to the claimant including the reasons for 11 such denial consistent with national industry best practice 12 guidelines. 13 b. A managed care organization shall correct any identified 14 system configuration error within a reasonable time frame 15 approved by the department, and shall fully and accurately 16 reprocess claims affected by such errors within thirty days 17 of the successful system correction. The department shall 18 define “system configuration error” as appropriate to include 19 errors in provider data caused by a managed care organization 20 or improper claims edits that result in incorrect payments to 21 providers. 22 c. A managed care organization shall provide written notice 23 to affected individuals at least sixty days prior to making 24 any program or procedural change, as determined necessary by 25 the department. The department shall develop and distribute a 26 list of the types of changes that require the sixty-day notice 27 to the managed care organizations effective July 1, 2018. 28 Such changes may include but are not limited to billing and 29 collection provisions, provider network provisions, member or 30 provider services, and prior authorization requirements. 31 d. The department of human services shall engage dedicated 32 provider relations staff to assist Medicaid providers in 33 resolving billing conflicts with managed care organizations 34 including those involving denied claims, technical omissions, 35 -100- SF 2418 (2) 87 pf/rn/jh 100/ 112
S.F. 2418 or incomplete information. If the provider relations staff 1 observe trends evidencing fraudulent claims or improper 2 reimbursement, the staff shall forward such evidence to the 3 department of human services for further review. 4 e. The department of human services shall adopt rules 5 pursuant to chapter 17A to require the inclusion by a managed 6 care organization of advanced registered nurse practitioners 7 and physician assistants as primary care providers for the 8 purposes of population health management. 9 f. The department of human services shall provide for the 10 development and shall require the use of standardized Medicaid 11 provider enrollment forms to be used by the department and 12 uniform Medicaid provider credentialing specifications to be 13 used by managed care organizations. 14 2. MEMBER SERVICES AND PROCESSES. 15 a. If a Medicaid member is receiving court-ordered services 16 or treatment for a substance-related disorder pursuant to 17 chapter 125 or for a mental illness pursuant to chapter 229, 18 such services or treatment shall be provided and reimbursed 19 for an initial period of three days before a managed care 20 organization may apply medical necessity criteria to determine 21 the most appropriate services, treatment, or placement for the 22 Medicaid member. 23 b. The department of human services shall maintain and 24 update Medicaid member eligibility files in a timely manner 25 consistent with national industry best practices. 26 c. The department of human services shall utilize an 27 independent, external quality review vendor to complete a 28 review of a random case sample of decreased level of care 29 determinations using national best practices to ensure that 30 appropriate medically necessary services are provided to 31 meet Medicaid member needs. The department shall report the 32 findings of the review to the governor and the general assembly 33 by December 15, 2018, including any plan necessary to address 34 the findings. 35 -101- SF 2418 (2) 87 pf/rn/jh 101/ 112
S.F. 2418 d. The department of human services, on an annual basis, 1 shall conduct an analysis of all Medicaid member appeals that 2 have been dismissed, withdrawn, or overturned to determine 3 if there are any negative patterns or trends based on the 4 analysis. The services of any member whose appeal is subject 5 to the analysis shall continue for the period during which an 6 interdisciplinary team conducts a new assessment to determine 7 which services are medically necessary for that member, which 8 period shall not exceed ninety days. A report of the analysis 9 and findings shall be submitted to the governor and the general 10 assembly on a biannual basis and the department shall develop a 11 plan as necessary to address any negative patterns or trends 12 identified by the analysis. 13 3. MEDICAID PROGRAM REVIEW AND OVERSIGHT. 14 a. (1) The department of human services shall facilitate a 15 workgroup, in collaboration with representatives of the managed 16 care organizations and health home providers, to review the 17 health home programs. The review shall include all of the 18 following: 19 (a) An analysis of the state plan amendments applicable to 20 health homes. 21 (b) An analysis of the current health home system, including 22 the rationale for any recommended changes. 23 (c) The development of a clear and consistent delivery 24 model linked to program-determined outcomes and data reporting 25 requirements. 26 (d) A work plan to be used in communicating with 27 stakeholders regarding the administration and operation of the 28 health home programs. 29 (2) The department of human services shall submit a 30 report of the workgroup’s findings, recommendations, and 31 any actions taken by December 15, 2018, to the governor and 32 to the Eighty-eighth General Assembly, 2019 session, for 33 consideration. 34 (3) The workgroup and the workgroup’s activities shall 35 -102- SF 2418 (2) 87 pf/rn/jh 102/ 112
S.F. 2418 not affect the department’s authority to apply or enforce the 1 Medicaid state plan amendment relative to health homes. 2 b. The department of human services, in collaboration 3 with Medicaid providers and managed care organizations, shall 4 initiate a review process to determine the effectiveness of 5 prior authorizations used by the managed care organizations 6 with the goal of making adjustments based on relevant 7 service costs and member outcomes data utilizing existing 8 industry-accepted standards. Prior authorization policies 9 shall comply with existing rules, guidelines, and procedures 10 developed by the centers for Medicare and Medicaid services of 11 the United States department of health and human services. 12 c. The department of human services shall enter into a 13 contract with an independent review organization to perform 14 an audit of a random sample of small dollar claims paid to 15 or denied Medicaid long-term services and supports providers 16 during the first quarter of the 2018 calendar year. The 17 department of human services shall submit a report of 18 the findings of the audit to the governor and the general 19 assembly by February 1, 2019. The department may take any 20 action specified in the managed care contract relative to 21 any claim the auditor determines to be incorrectly paid or 22 denied, subject to appeal by the managed care organization 23 to the director of human services. For the purposes of this 24 paragraph, “small dollar claims” means those claims less than 25 or equal to two thousand five hundred dollars. 26 MEDICAID PROGRAM PHARMACY COPAYMENT 27 Sec. 132. 2005 Iowa Acts, chapter 167, section 42, is 28 amended to read as follows: 29 SEC. 42. COPAYMENTS FOR PRESCRIPTION DRUGS UNDER THE 30 MEDICAL ASSISTANCE PROGRAM. The department of human services 31 shall require recipients of medical assistance to pay the 32 following copayments a copayment of $1 on each prescription 33 filled for a covered prescription drug, including each refill 34 of such prescription , as follows: 35 -103- SF 2418 (2) 87 pf/rn/jh 103/ 112
S.F. 2418 1. A copayment of $1 on each prescription filled for each 1 covered nonpreferred generic prescription drug . 2 2. A copayment of $1 for each covered preferred brand–name 3 or generic prescription drug. 4 3. A copayment of $1 for each covered nonpreferred 5 brand–name prescription drug for which the cost to the state is 6 up to and including $25. 7 4. A copayment of $2 for each covered nonpreferred 8 brand–name prescription drug for which the cost to the state is 9 more than $25 and up to and including $50. 10 5. A copayment of $3 for each covered nonpreferred 11 brand–name prescription drug for which the cost to the state 12 is more than $50. 13 MEDICAL ASSISTANCE ADVISORY COUNCIL 14 Sec. 133. Section 249A.4B, subsection 2, paragraph a, 15 subparagraphs (27) and (28), Code 2018, are amended by striking 16 the subparagraphs. 17 Sec. 134. MEDICAL ASSISTANCE ADVISORY COUNCIL —— REVIEW OF 18 MEDICAID MANAGED CARE REPORT DATA. The executive committee 19 of the medical assistance advisory council shall review 20 the data collected and analyzed for inclusion in periodic 21 reports to the general assembly, including but not limited 22 to the information and data specified in 2016 Iowa Acts, 23 chapter 1139, section 93, to determine which data points and 24 information should be included and analyzed to more accurately 25 identify trends and issues with, and promote the effective and 26 efficient administration of, Medicaid managed care for all 27 stakeholders. At a minimum, the areas of focus shall include 28 consumer protection, provider network access and safeguards, 29 outcome achievement, and program integrity. The executive 30 committee shall report its findings and recommendations to the 31 medical assistance advisory council for review and comment by 32 October 1, 2018, and shall submit a final report of findings 33 and recommendations to the governor and the general assembly by 34 December 31, 2018. 35 -104- SF 2418 (2) 87 pf/rn/jh 104/ 112
S.F. 2418 TARGETED CASE MANAGEMENT AND INPATIENT PSYCHIATRIC SERVICES 1 REIMBURSEMENT 2 Sec. 135. Section 249A.31, Code 2018, is amended to read as 3 follows: 4 249A.31 Cost-based reimbursement. 5 1. Providers of individual case management services for 6 persons with an intellectual disability, a developmental 7 disability, or chronic mental illness shall receive cost-based 8 reimbursement for one hundred percent of the reasonable 9 costs for the provision of the services in accordance with 10 standards adopted by the mental health and disability services 11 commission pursuant to section 225C.6 . Effective July 1, 2018, 12 targeted case management services shall be reimbursed based 13 on a statewide fee schedule amount developed by rule of the 14 department pursuant to chapter 17A. 15 2. Effective July 1, 2010 2014 , the department shall apply 16 a cost-based reimbursement methodology for reimbursement of 17 psychiatric medical institution for children providers of 18 inpatient psychiatric services for individuals under twenty-one 19 years of age shall be reimbursed as follows: 20 a. For non-state-owned providers, services shall be 21 reimbursed according to a fee schedule without reconciliation . 22 b. For state-owned providers, services shall be reimbursed 23 at one hundred percent of the actual and allowable cost of 24 providing the service. 25 DIVISION XXVII 26 PREAPPLICATION SCREENING ASSESSMENT 27 Sec. 136. Section 229.5A, Code 2018, is amended to read as 28 follows: 29 229.5A Preapplication screening assessment —— program. 30 Prior to filing an application pursuant to section 229.6 , 31 the clerk of the district court or the clerk’s designee 32 shall inform the interested person referred to in section 33 229.6, subsection 1 , about the option of requesting a 34 preapplication screening assessment through a preapplication 35 -105- SF 2418 (2) 87 pf/rn/jh 105/ 112
S.F. 2418 screening assessment program, if available. The state court 1 administrator shall prescribe practices and procedures for 2 implementation of the preapplication screening assessment 3 program. 4 Sec. 137. Section 602.1209, subsection 16, Code 2018, is 5 amended to read as follows: 6 16. Prescribe practices and procedures for the 7 implementation of the preapplication screening assessment 8 program referred to in sections section 125.74 and 229.5A . 9 DIVISION XXVIII 10 COVERAGE OF BEHAVIORAL HEALTH SERVICES PROVIDED BY CERTAIN 11 PROVIDERS 12 Sec. 138. Section 249A.15, Code 2018, is amended to read as 13 follows: 14 249A.15 Licensed psychologists eligible for payment —— 15 provisional licensees . 16 1. The department shall adopt rules pursuant to chapter 17 17A entitling psychologists who are licensed pursuant to 18 chapter 154B and psychologists who are licensed in the state 19 where the services are provided and have a doctorate degree 20 in psychology, have had at least two years of clinical 21 experience in a recognized health setting, or have met the 22 standards of a national register of health service providers 23 in psychology, to payment for services provided to recipients 24 of medical assistance, subject to limitations and exclusions 25 the department finds necessary on the basis of federal laws and 26 regulations and of funds available for the medical assistance 27 program. The rules shall also provide that an individual, who 28 holds a provisional license to practice psychology pursuant 29 to section 154B.6, is entitled to payment under this section 30 for services provided to recipients of medical assistance, 31 when such services are provided under the supervision of a 32 supervisor who meets the qualifications determined by the board 33 of psychology by rule, and claims for payment for such services 34 are submitted by the supervisor. 35 -106- SF 2418 (2) 87 pf/rn/jh 106/ 112
S.F. 2418 2. Entitlement to payment under this section is applicable 1 to services provided to recipients of medical assistance 2 under both the fee-for-service and managed care payment and 3 delivery systems. Neither the fee-for-service nor the managed 4 care payment and delivery system shall impose a practice 5 or supervision restriction which is inconsistent with or 6 more restrictive than the authority already granted by law, 7 including the authority to provide supervision in person or 8 remotely through electronic means as specified by rule of the 9 board of psychology. 10 Sec. 139. Section 249A.15A, Code 2018, is amended to read 11 as follows: 12 249A.15A Licensed marital and family therapists, licensed 13 master social workers, licensed mental health counselors, and 14 certified alcohol and drug counselors —— temporary licensees . 15 1. The department shall adopt rules pursuant to chapter 16 17A entitling marital and family therapists who are licensed 17 pursuant to chapter 154D to payment for behavioral health 18 services provided to recipients of medical assistance, subject 19 to limitations and exclusions the department finds necessary 20 on the basis of federal laws and regulations. The rules shall 21 also provide that a marital and family therapist, who holds 22 a temporary license to practice marital and family therapy 23 pursuant to section 154D.7, is entitled to payment under this 24 section for behavioral health services provided to recipients 25 of medical assistance, when such services are provided under 26 the supervision of a qualified supervisor as determined by the 27 board of behavioral science by rule, and claims for payment for 28 such services are submitted by the qualified supervisor. 29 2. The department shall adopt rules pursuant to chapter 30 17A entitling master social workers who hold a master’s 31 degree approved by the board of social work, are licensed as 32 a master social worker pursuant to section 154C.3, subsection 33 1 , paragraph “b” , and provide treatment services under the 34 supervision of an independent social worker licensed pursuant 35 -107- SF 2418 (2) 87 pf/rn/jh 107/ 112
S.F. 2418 to section 154C.3, subsection 1 , paragraph “c” , to payment 1 for behavioral health services provided to recipients of 2 medical assistance, subject to limitations and exclusions the 3 department finds necessary on the basis of federal laws and 4 regulations. 5 3. The department shall adopt rules pursuant to chapter 17A 6 entitling mental health counselors who are licensed pursuant 7 to chapter 154D to payment for behavioral health services 8 provided to recipients of medical assistance, subject to 9 limitations and exclusions the department finds necessary on 10 the basis of federal laws and regulations. The rules shall 11 also provide that a mental health counselor, who holds a 12 temporary license to practice mental health counseling pursuant 13 to section 154D.7, is entitled to payment under this section 14 for behavioral health services provided to recipients of 15 medical assistance, when such services are provided under the 16 supervision of a qualified supervisor as determined by the 17 board of behavioral science by rule, and claims for payment for 18 such services are submitted by the qualified supervisor. 19 4. The department shall adopt rules pursuant to chapter 17A 20 entitling alcohol and drug counselors who are certified by the 21 nongovernmental Iowa board of substance abuse certification to 22 payment for behavioral health services provided to recipients 23 of medical assistance, subject to limitations and exclusions 24 the department finds necessary on the basis of federal laws and 25 regulations. 26 5. Entitlement to payment under this section is applicable 27 to services provided to recipients of medical assistance 28 under both the fee-for-service and managed care payment and 29 delivery systems. Neither the fee-for-service nor the managed 30 care payment and delivery system shall impose a practice 31 or supervision restriction which is inconsistent with or 32 more restrictive than the authority already granted by law, 33 including the authority to provide supervision in person or 34 remotely through electronic means as specified by rule of the 35 -108- SF 2418 (2) 87 pf/rn/jh 108/ 112
S.F. 2418 applicable licensing board. 1 Sec. 140. NEW SECTION . 514C.32 Services provided by 2 certain licensed master social workers, licensed mental health 3 counselors, and licensed marital and family therapists. 4 1. Notwithstanding section 514C.6, a policy or contract 5 providing for third-party payment or prepayment of health or 6 medical expenses shall include a provision for the payment of 7 necessary behavioral health services provided by any of the 8 following: 9 a. A licensed master social worker who is licensed by the 10 board of social work as a master social worker pursuant to 11 section 154C.3, subsection 1, paragraph “b” , and who provides 12 services under the supervision of an independent social worker 13 licensed pursuant to section 154C.3, subsection 1, paragraph 14 “c” . 15 b. A licensed mental health counselor or a licensed 16 marital and family therapist who holds a temporary license to 17 practice mental health counseling or marital and family therapy 18 pursuant to section 154D.7, and who provides services under 19 the supervision of a qualified supervisor as determined by the 20 board of behavioral science by rule. 21 2. A policy or contract subject to this section shall 22 not impose a practice or supervision restriction which is 23 inconsistent with or more restrictive than the authority 24 already granted by law, including the authority to provide 25 supervision in person or remotely through electronic means as 26 specified by rule of the applicable licensing board. 27 3. The requirements of this section apply to and supersede 28 any conflicting requirements regarding services provided under 29 a policy or contract, which is delivered, issued for delivery, 30 continued, or renewed in this state on or after the effective 31 date of this Act, and apply to and supersede any conflicting 32 requirements regarding services contained in an existing policy 33 or contract on the policy’s or contract’s anniversary or 34 renewal date, whichever is later. 35 -109- SF 2418 (2) 87 pf/rn/jh 109/ 112
S.F. 2418 4. For the purposes of this section, third-party payment or 1 prepayment includes an individual or group policy of accident 2 or health insurance or individual or group hospital or health 3 care service contract issued pursuant to chapter 509, 514, or 4 514A, an individual or group health maintenance organization 5 contract issued and regulated under chapter 514B, or a 6 preferred provider organization contract regulated pursuant to 7 chapter 514F. 8 5. Nothing in this section shall be interpreted to require 9 an individual or group health maintenance organization or a 10 preferred provider organization or arrangement to provide 11 payment or prepayment for services provided by a licensed 12 master social worker providing behavioral health services 13 under the supervision of an independent social worker, or to 14 a licensed mental health counselor or licensed marital and 15 family therapist who holds a temporary license to practice 16 mental health counseling or marital and family therapy 17 providing behavioral health services under the supervision of 18 a qualified supervisor, as specified in this section, unless 19 the supervising independent social worker or the qualified 20 supervisor, respectively, has entered into a contract or other 21 agreement to provide behavioral health services with the 22 individual or group health maintenance organization or the 23 preferred provider organization or arrangement. 24 Sec. 141. NEW SECTION . 514C.33 Services provided by 25 provisionally licensed psychologists. 26 1. Notwithstanding section 514C.6, a policy or contract 27 providing for third-party payment or prepayment of health or 28 medical expenses shall include a provision for the payment of 29 necessary behavioral health services provided by a person who 30 holds a provisional license to practice psychology pursuant to 31 section 154B.6, and who practices under the supervision of a 32 supervisor who meets the qualifications determined by the board 33 of psychology by rule. 34 2. A policy or contract subject to this section shall 35 -110- SF 2418 (2) 87 pf/rn/jh 110/ 112
S.F. 2418 not impose a practice or supervision restriction which is 1 inconsistent with or more restrictive than the authority 2 already granted by law, including the authority to provide 3 supervision in person or remotely through electronic means as 4 specified by rule of the board of psychology. 5 3. The requirements of this section apply to and supersede 6 any conflicting requirements regarding services provided under 7 a policy or contract which is delivered, issued for delivery, 8 continued, or renewed in this state on or after the effective 9 date of this Act, and apply to and supersede any conflicting 10 requirements regarding services contained in an existing policy 11 or contract on the policy’s or contract’s anniversary or 12 renewal date, whichever is later. 13 4. For the purposes of this section, third-party payment or 14 prepayment includes an individual or group policy of accident 15 or health insurance or individual or group hospital or health 16 care service contract issued pursuant to chapter 509, 514, or 17 514A, an individual or group health maintenance organization 18 contract issued and regulated under chapter 514B, or a 19 preferred provider organization contract regulated pursuant to 20 chapter 514F. 21 5. Nothing in this section shall be interpreted to require 22 an individual or group health maintenance organization or a 23 preferred provider organization or arrangement to provide 24 payment or prepayment for services provided by a provisionally 25 licensed psychologist providing behavioral health services 26 under the supervision of a supervisor as specified in this 27 section, unless the supervisor has entered into a contract or 28 other agreement to provide behavioral health services with the 29 individual or group health maintenance organization or the 30 preferred provider organization or arrangement. 31 Sec. 142. EFFECTIVE DATE. This division of this Act, being 32 deemed of immediate importance, takes effect upon enactment. 33 DIVISION XXIX 34 PHARMACY BENEFITS MANAGER —— RIGHTS OF COVERED INDIVIDUALS 35 -111- SF 2418 (2) 87 pf/rn/jh 111/ 112
S.F. 2418 Sec. 143. NEW SECTION . 510B.10 Rights related to covered 1 individuals. 2 1. A pharmacy or pharmacist, as defined in section 155A.3, 3 has the right to provide a covered individual information 4 regarding the amount of the covered individual’s cost share 5 for a prescription drug. A pharmacy benefits manager shall 6 not prohibit a pharmacy or pharmacist from discussing any such 7 information or from selling a more affordable alternative to 8 the covered individual, if one is available. 9 2. A health benefit plan, as defined in section 514J.102, 10 issued or renewed on or after July 1, 2018, that provides 11 coverage for pharmacy benefits shall not require a covered 12 individual to pay a copayment for pharmacy benefits that 13 exceeds the pharmacy’s or pharmacist’s submitted charges. 14 3. Any amount paid by a covered individual for a covered 15 prescription drug pursuant to this section shall be applied 16 toward any deductible imposed by the covered individual’s 17 health benefit plan in accordance with the covered individual’s 18 health benefit plan coverage documents. 19 4. To the extent that any provision of this section is 20 inconsistent or conflicts with applicable federal law, rule, 21 or regulation, such federal law, rule, or regulation shall 22 prevail to the extent necessary to eliminate the inconsistency 23 or conflict. 24 -112- SF 2418 (2) 87 pf/rn/jh 112/ 112