House File 2698 - Reprinted HOUSE FILE 2698 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 5004HB) (As Amended and Passed by the House April 19, 2024 ) A BILL FOR An Act relating to and making appropriations for veterans 1 and health and human services, including other related 2 provisions and appropriations including but not limited 3 to the personal needs allowance for certain persons under 4 Medicaid and the state supplementary assistance programs, 5 replacement generation tax revenues, the Medicaid fraud and 6 health care trust funds, the retention of certain revenues 7 by the mental health institutes, the retention of Medicaid 8 eligibility by residents of mental health institutes, 9 the scope of services of the state resource centers, the 10 appropriation of moneys in the juvenile detention home fund, 11 the family investment program account and diversion program, 12 the child support collection services center refund account, 13 the quality assurance assessment payment period, the centers 14 of excellence grant program, an assisted living program 15 revised payment model study, funding for county commissions 16 of veteran affairs, foster care provisions including 17 those relating to a relative or fictive kin, health care 18 employment agencies and health care technology platforms, 19 medical cannabidiol practitioner requirements, nursing 20 facility oversight, and state-funded psychiatry residency 21 and fellowship positions, providing penalties, and including 22 effective date and retroactive applicability provisions. 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 24 HF 2698 (4) 90 pf/ko/md
H.F. 2698 DIVISION I 1 DEPARTMENT OF VETERANS AFFAIRS —— FY 2024-2025 2 Section 1. DEPARTMENT OF VETERANS AFFAIRS. There is 3 appropriated from the general fund of the state to the 4 department of veterans affairs for the fiscal year beginning 5 July 1, 2024, and ending June 30, 2025, the following amounts, 6 or so much thereof as is necessary, to be used for the purposes 7 designated: 8 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,369,205 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 14 2. IOWA VETERANS HOME 15 For salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,145,736 18 a. The Iowa veterans home billings involving the department 19 of health and human services shall be submitted to the 20 department on at least a monthly basis. 21 b. The Iowa veterans home expenditure report shall be 22 submitted monthly to the general assembly. 23 3. HOME OWNERSHIP ASSISTANCE PROGRAM 24 For transfer to the Iowa finance authority for the 25 continuation of the home ownership assistance program for 26 persons who are or were eligible members of the armed forces of 27 the United States, pursuant to section 16.54: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,200,000 29 DIVISION II 30 AGING AND DISABILITY SERVICES —— FY 2024-2025 31 Sec. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— AGING 32 AND DISABILITY SERVICES. There is appropriated from the 33 general fund of the state to the department of health and human 34 services for the fiscal year beginning July 1, 2024, and ending 35 -1- HF 2698 (4) 90 pf/ko/md 1/ 59
H.F. 2698 June 30, 2025, the following amount, or so much thereof as is 1 necessary, to be used for the purposes designated: 2 For aging programs for the department of health and human 3 services and area agencies on aging to provide citizens of 4 Iowa who are 60 years of age and older with case management; 5 Iowa’s aging and disabilities resource centers; for the 6 return to community program; for the purposes of chapter 231E, 7 to administer the prevention of elder abuse, neglect, and 8 exploitation program pursuant to section 231.56A, in accordance 9 with the requirements of the federal Older Americans Act of 10 1965, 42 U.S.C. §3001 et seq., as amended; for the reporting 11 and evaluation of cases of dependant adult abuse pursuant to 12 chapter 235B; and for other services which may include but are 13 not limited to adult day, respite care, chore, information 14 and assistance, and material aid, for information and options 15 counseling for persons with disabilities, and for salaries, 16 support, administration, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,088,714 19 1. Funds appropriated in this section may be used to 20 supplement federal funds under federal regulations. To 21 receive funds appropriated in this section, a local area 22 agency on aging shall match the funds with moneys from other 23 sources according to rules adopted by the department. Funds 24 appropriated in this section may be used for services not 25 specifically enumerated in this section only if approved by the 26 department as part of an area agency on aging’s area plan. 27 2. Of the funds appropriated in this section, $949,282 28 shall be used for the family support center component of the 29 comprehensive family support program under chapter 225C, 30 subchapter V. 31 3. Of the funds appropriated in this section, $33,632 shall 32 be used to build community capacity through the coordination 33 and provision of training opportunities in accordance with the 34 consent decree of Conner v. Branstad, No. 4-86-CV-30871 (S.D. 35 -2- HF 2698 (4) 90 pf/ko/md 2/ 59
H.F. 2698 Iowa, July 14, 1994). 1 DIVISION III 2 BEHAVIORAL HEALTH —— FY 2024-2025 3 Sec. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 4 BEHAVIORAL HEALTH. There is appropriated from the general fund 5 of the state to the department of health and human services for 6 the fiscal year beginning July 1, 2024, and ending June 30, 7 2025, the following amount, or so much thereof as is necessary, 8 to be used for the purposes designated: 9 For behavioral health prevention, treatment, and recovery 10 efforts to reduce the prevalence of the use of, provide 11 treatment for, and support recovery from tobacco and substance 12 use and misuse pursuant to the applicable policy, purpose, 13 and intent described in sections 125.1 and 142A.1, alcohol, 14 problem gambling, and other addictive behaviors. Activities 15 shall align with accepted best practice guidance standards for 16 behavioral health including those published by the centers for 17 disease control and prevention and the substance abuse and 18 mental health services administration of the United States 19 department of health and human services for health promotion; 20 universal, selective, and indicated prevention; treatment; and 21 recovery services and supports; and shall include a 24-hour 22 helpline, public information resources, professional training, 23 youth prevention, program evaluation, and efforts at the state 24 and local levels: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,400,114 26 1. Of the funds appropriated in this section, $300,000 shall 27 be used to support the work of the children’s behavioral health 28 system including evidence-based behavioral health prevention, 29 treatment, and recovery services and supports for children and 30 their families pursuant to the intent specified in section 31 225C.6B, subsection 1. 32 2. Of the funds appropriated in this section, $950,000 33 shall be used for an integrated substance use disorder managed 34 care system. The department shall maintain the level of mental 35 -3- HF 2698 (4) 90 pf/ko/md 3/ 59
H.F. 2698 health and substance use disorder treatment services provided 1 by the managed care contractors. The department shall take the 2 steps necessary to continue the federal waivers as needed to 3 maintain the level of services. 4 Sec. 4. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— SPORTS 5 WAGERING RECEIPTS FUND. There is appropriated from the sports 6 wagering receipts fund created in section 8.57, subsection 6, 7 to the department of health and human services for the fiscal 8 year beginning July 1, 2024, and ending June 30, 2025, the 9 following amount, or so much thereof as is necessary, to be 10 used for behavioral health prevention, treatment, and recovery 11 efforts to reduce the prevalence of the use of, provide 12 treatment for, and support recovery from tobacco and substance 13 use and misuse pursuant to the applicable policy, purpose, and 14 intent described in sections 125.1 and 142A.1, alcohol, problem 15 gambling, and other addictive behaviors: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,750,000 17 DIVISION IV 18 PUBLIC HEALTH —— FY 2024-2025 19 Sec. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— PUBLIC 20 HEALTH. There is appropriated from the general fund of the 21 state to the department of health and human services for the 22 fiscal year beginning July 1, 2024, and ending June 30, 2025, 23 the following amount, or so much thereof as is necessary, to be 24 used for the purposes designated: 25 For programs that support health promotion, protect the 26 health and safety of the public, conduct disease surveillance 27 and investigation to reduce the incidence of morbidity and 28 mortality, serve individuals with chronic conditions including 29 but not limited to cancer, support the Iowa donor registry as 30 specified in section 142C.18, and strengthen the health care 31 delivery system and workforce to improve health outcomes for 32 all Iowans: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,531,821 34 1. Of the funds appropriated in this section, $2,100,000 35 -4- HF 2698 (4) 90 pf/ko/md 4/ 59
H.F. 2698 shall be deposited in the medical residency training account 1 created in section 135.175, subsection 5, paragraph “a”, and is 2 appropriated from the account to the department to be used for 3 the purposes of the medical residency training state matching 4 grants program as specified in section 135.176. 5 2. Of the funds appropriated in this section, the following 6 amounts are allocated to be used as follows to support the 7 goals of increased access, health system integration, and 8 engagement: 9 a. $600,000 is allocated to the Iowa prescription 10 drug corporation for continuation of the pharmaceutical 11 infrastructure for safety net providers originally established 12 as described in 2007 Iowa Acts, chapter 218, section 108, and 13 for the prescription drug donation repository program created 14 in chapter 135M. Funds allocated under this paragraph shall 15 be distributed in their entirety for the purpose specified on 16 July 1, 2024. 17 b. $374,000 is allocated to free clinics and free clinics 18 of Iowa for necessary infrastructure, statewide coordination, 19 provider recruitment, service delivery, and provision of 20 assistance to patients in securing a medical home inclusive 21 of oral health care. Of the funds allocated, $40,000 shall 22 be used to cover fees associated with using an electronic 23 prescribing system. Funds allocated under this paragraph shall 24 be distributed in their entirety for the purpose specified on 25 July 1, 2024. 26 c. $25,000 is allocated to the Iowa association of rural 27 health clinics for necessary infrastructure and service 28 delivery transformation. Funds allocated under this paragraph 29 shall be distributed in their entirety for the purpose 30 specified on July 1, 2024. 31 d. $225,000 is allocated to the Polk county medical society 32 for continuation of the safety net provider patients access 33 to specialty care initiative as described in 2007 Iowa Acts, 34 chapter 218, section 109. Funds allocated under this paragraph 35 -5- HF 2698 (4) 90 pf/ko/md 5/ 59
H.F. 2698 shall be distributed in their entirety for the purpose 1 specified on July 1, 2024. 2 3. Of the funds appropriated in this section, $800,000 3 shall be used for rural psychiatric residencies to annually 4 fund eight psychiatric residents who will provide mental health 5 services in underserved areas of the state. 6 4. Of the funds appropriated in this section, $560,000 shall 7 be deposited in the state-funded family medicine obstetrics 8 fellowship program fund to be used for the state-funded family 9 medicine obstetrics fellowship program, in accordance with 10 section 135.193. 11 5. The department shall work with the board established 12 in chapter 135D to develop plans for program enhancements 13 in the Iowa health information network for the purpose of 14 empowering Iowa patients to access and direct their health 15 information utilizing the Iowa health information network. 16 Program enhancements shall protect data privacy, facilitate the 17 interchange of health data for the purpose of improving public 18 health outcomes, and increase participation by health care 19 providers. 20 6. The university of Iowa hospitals and clinics under 21 the control of the state board of regents shall not receive 22 indirect costs from the funds appropriated in this section. 23 The university of Iowa hospitals and clinics billings to the 24 department shall be on at least a quarterly basis. 25 DIVISION V 26 COMMUNITY ACCESS AND ELIGIBILITY —— FY 2024-2025 27 Sec. 6. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— COMMUNITY 28 ACCESS AND ELIGIBILITY. There is appropriated from the 29 general fund of the state to the department of health and human 30 services for the fiscal year beginning July 1, 2024, and ending 31 June 30, 2025, the following amount, or so much thereof as is 32 necessary, to be used for the purposes designated: 33 To be used for salaries, support, maintenance, and 34 miscellaneous purposes and for family investment program (FIP) 35 -6- HF 2698 (4) 90 pf/ko/md 6/ 59
H.F. 2698 assistance in accordance with chapter 239B, and for other costs 1 associated with providing needs-based benefits or assistance 2 including but not limited to maternal and child health, oral 3 health, obesity prevention, the promoting independence and 4 self-sufficiency through employment, job opportunities and 5 basic skills (PROMISE JOBS) program, supplemental nutrition 6 assistance program (SNAP) employment and training, the FIP 7 diversion program, family planning, rent reimbursement, 8 and eligibility determinations for medical assistance, food 9 assistance, and the children’s health insurance program: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,043,944 11 1. Of the child support collections assigned under FIP, 12 the federal share of support collections shall be credited to 13 the child support services appropriation made in this division 14 of this Act. Of the remainder of the assigned child support 15 collections received by child support services, a portion 16 shall be credited to community access and eligibility, and 17 the remaining funds may be used to increase recoveries, to 18 sustain cash flow in the child support payments account, or for 19 technology needs. If child support collections assigned under 20 FIP are greater than estimated or are otherwise determined not 21 to be required for maintenance of effort, the state share of 22 either amount may be transferred to or retained in the child 23 support payments account. 24 2. Of the funds appropriated in this section, $3,075,000 25 shall be used for continuation of the department’s initiative 26 to provide for adequate developmental surveillance and 27 screening during a child’s first five years. The funds shall 28 be used first to fully fund the current participating counties 29 to ensure that those counties are fully operational, with the 30 remaining funds to be used for expanding participation to 31 additional counties. The full implementation and expansion 32 shall include enhancing the scope of the initiative through 33 collaboration with the child health specialty clinics to 34 promote the use of developmental surveillance and screening to 35 -7- HF 2698 (4) 90 pf/ko/md 7/ 59
H.F. 2698 support healthy child development through early identification 1 and response to both biomedical and social determinants of 2 healthy development by providing practitioner consultation 3 and continuous improvement through training and education, 4 particularly for children with behavioral conditions and 5 needs. The department shall also collaborate with the Medicaid 6 program and the child health specialty clinics to assist in 7 coordinating the activities of the first five initiative into 8 the establishment of patient-centered medical homes developed 9 to improve health quality and population health while reducing 10 health care costs. To the maximum extent possible, funding 11 allocated in this subsection shall be utilized as matching 12 funds for Medicaid program reimbursement. 13 3. Of the funds appropriated in this section, $1,145,102 14 is allocated to the Iowa commission on volunteer service for 15 programs and grants. 16 4. The university of Iowa hospitals and clinics under 17 the control of the state board of regents shall not receive 18 indirect costs from the funds appropriated in this section. 19 The university of Iowa hospitals and clinics billings to the 20 department shall be on at least a quarterly basis. 21 CHILD SUPPORT SERVICES 22 Sec. 7. CHILD SUPPORT SERVICES. There is appropriated from 23 the general fund of the state to the department of health and 24 human services for the fiscal year beginning July 1, 2024, and 25 ending June 30, 2025, the following amount, or so much thereof 26 as is necessary, to be used for the purposes designated: 27 For child support services, including salaries, support, 28 maintenance, and miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,434,282 30 1. Federal access and visitation grant moneys shall be used 31 for services designed to increase compliance with the child 32 access provisions of court orders, including but not limited to 33 neutral visitation sites and mediation services. 34 2. The appropriation made to the department for child 35 -8- HF 2698 (4) 90 pf/ko/md 8/ 59
H.F. 2698 support services may be used throughout the fiscal year in the 1 manner necessary for purposes of cash flow management, and for 2 cash flow management purposes the department may temporarily 3 draw more than the amount appropriated, provided the amount 4 appropriated is not exceeded at the close of the fiscal year. 5 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT 6 Sec. 8. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 7 GRANT. There is appropriated from the special fund created in 8 section 8.41 to the department of health and human services 9 for the fiscal year beginning July 1, 2024, and ending June 10 30, 2025, from moneys received under the federal temporary 11 assistance for needy families (TANF) block grant pursuant 12 to the federal Personal Responsibility and Work Opportunity 13 Reconciliation Act of 1996, Pub. L. No. 104-193, and successor 14 legislation, the following amounts, or so much thereof as is 15 necessary, to be used for the purposes designated: 16 1. For community access and eligibility, FIP, the PROMISE 17 JOBS program, implementing family investment agreements in 18 accordance with chapter 239B, and for continuation of the 19 program promoting awareness of the benefits of a healthy 20 marriage: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,988,627 22 2. For community access and eligibility to provide 23 pregnancy prevention grants on the condition that family 24 planning services are funded: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 26 Pregnancy prevention grants shall be awarded to programs 27 in existence on or before July 1, 2024, if the programs have 28 demonstrated positive outcomes. Grants shall be awarded to 29 pregnancy prevention programs which are developed after July 30 1, 2024, if the programs are based on existing models that 31 have demonstrated positive outcomes. Grants shall comply with 32 the requirements provided in 1997 Iowa Acts, chapter 208, 33 section 14, subsections 1 and 2, including the requirement that 34 grant programs must emphasize sexual abstinence. Priority in 35 -9- HF 2698 (4) 90 pf/ko/md 9/ 59
H.F. 2698 the awarding of grants shall be given to programs that serve 1 areas of the state which demonstrate the highest percentage of 2 unplanned pregnancies of females of childbearing age within the 3 geographic area to be served by the grant. 4 3. For community access and eligibility to meet one of the 5 four core purposes of TANF as specified in 45 C.F.R. §260.20, 6 including by modernizing the program to promote economic 7 mobility and self-sufficiency, ensuring that families are able 8 to overcome benefit cliffs, encouraging healthy families, and 9 streamlining service delivery to reduce duplication: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 11 4. For technology needs related to child support 12 modernization of the Iowa collections and reporting (ICAR) 13 system and for a closed loop referral system for the thrive 14 Iowa program: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 16 5. For early intervention and supports for the family 17 development and self-sufficiency (FaDSS) grant program in 18 accordance with section 216A.107: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,888,980 20 Of the funds allocated for the FaDSS grant program in this 21 subsection, not more than 5 percent of the funds shall be used 22 for administrative purposes. 23 6. For early intervention and supports for child abuse 24 prevention grants: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 26 7. For accountability, compliance, program integrity, 27 technology needs, and other resources necessary to meet federal 28 and state reporting, tracking, and case management requirements 29 and other departmental needs: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,533,647 31 8. For state child care assistance: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 33 9. For child protective services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,364,100 35 -10- HF 2698 (4) 90 pf/ko/md 10/ 59
H.F. 2698 10. For child protective services for the kinship stipend 1 program: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 3 DIVISION VI 4 MEDICAL ASSISTANCE —— STATE SUPPLEMENTARY ASSISTANCE —— HEALTHY 5 AND WELL KIDS IN IOWA PROGRAM AND OTHER HEALTH-RELATED PROGRAMS 6 —— FY 2024-2025 7 Sec. 9. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 8 ASSISTANCE, AND HEALTHY AND WELL KIDS IN IOWA PROGRAM. There 9 is appropriated from the general fund of the state to the 10 department of health and human services for the fiscal year 11 beginning July 1, 2024, and ending June 30, 2025, the following 12 amount, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 For medical assistance program reimbursement and associated 15 costs as specifically provided in the reimbursement 16 methodologies in effect on June 30, 2024, except as otherwise 17 expressly authorized by law, consistent with options under 18 federal law and regulations, and contingent upon receipt of 19 approval from the office of the governor of reimbursement 20 for each abortion performed under the program; for the state 21 supplementary assistance program; for the health insurance 22 premium payment program; and for maintenance of the healthy and 23 well kids in Iowa (Hawki) program pursuant to chapter 514I, 24 including supplemental dental services, for receipt of federal 25 financial participation under Tit. XXI of the federal Social 26 Security Act, which creates the children’s health insurance 27 program; and for other specified health-related programs: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,650,866,536 29 1. Of the funds appropriated in this section, 30 $1,605,063,804 is allocated for medical assistance program 31 reimbursement and associated costs. 32 a. Of the funds allocated in this subsection, $800,000 shall 33 be used for the renovation and construction of certain nursing 34 facilities, consistent with the provisions of chapter 249K. 35 -11- HF 2698 (4) 90 pf/ko/md 11/ 59
H.F. 2698 b. Of the funds allocated in this subsection, $3,383,880 1 shall be used for program administration, outreach, and 2 enrollment activities of the state family planning services 3 program pursuant to section 217.41B, and of this amount, the 4 department may use $200,000 for administrative expenses. 5 c. Of the funds allocated in this subsection, 6 $1,700,000 shall be used to provide for additional home and 7 community-based services waiver slots for individuals with an 8 intellectual disability. 9 2. Iowans support reducing the number of abortions 10 performed in our state. Funds appropriated under this section 11 shall not be used for abortions, unless otherwise authorized 12 under this section. 13 3. The provisions of this section relating to abortions 14 shall also apply to the Iowa health and wellness plan created 15 pursuant to chapter 249N. 16 4. Of the funds appropriated in this section, $4,479,762 is 17 allocated for the state supplementary assistance program. 18 5. Of the funds appropriated in this section, $41,322,970 19 is allocated for maintenance of the Hawki program pursuant 20 to chapter 514I, including supplemental dental services, for 21 receipt of federal financial participation under Tit. XXI of 22 the federal Social Security Act, which creates the children’s 23 health insurance program. 24 HEALTH PROGRAM OPERATIONS 25 Sec. 10. HEALTH PROGRAM OPERATIONS. There is appropriated 26 from the general fund of the state to the department of health 27 and human services for the fiscal year beginning July 1, 28 2024, and ending June 30, 2025, the following amount, or so 29 much thereof as is necessary, to be used for the purposes 30 designated: 31 For health program operations and the autism support 32 program: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,597,231 34 1. The department of inspections, appeals, and licensing 35 -12- HF 2698 (4) 90 pf/ko/md 12/ 59
H.F. 2698 shall provide all state matching funds for survey and 1 certification activities performed by the department of 2 inspections, appeals, and licensing. The department of health 3 and human services is solely responsible for distributing the 4 federal matching funds for such activities. 5 2. Of the funds appropriated in this section, a sufficient 6 amount shall be used for the administration of the health 7 insurance premium payment program, including salaries, support, 8 maintenance, and miscellaneous purposes. 9 3. Of the funds appropriated in this section, $750,000 shall 10 be used for the state poison control center. Pursuant to the 11 directive under 2014 Iowa Acts, chapter 1140, section 102, the 12 federal matching funds available to the state poison control 13 center from the department under the federal Children’s Health 14 Insurance Program Reauthorization Act of 2009 allotment shall 15 be subject to the federal administrative cap rule of 10 percent 16 applicable to funding provided under Tit. XXI of the federal 17 Social Security Act and included within the department’s 18 calculations of the cap. 19 4. Unless otherwise provided, annual increases for services 20 provided through contracts funded under this section shall 21 not exceed the amount by which the consumer price index for 22 all urban consumers increased during the most recently ended 23 calendar year. 24 HEALTH CARE ACCOUNTS AND FUNDS 25 Sec. 11. PHARMACEUTICAL SETTLEMENT ACCOUNT —— DEPARTMENT 26 OF HEALTH AND HUMAN SERVICES. There is appropriated from the 27 pharmaceutical settlement account created in section 249A.33 to 28 the department of health and human services for the fiscal year 29 beginning July 1, 2024, and ending June 30, 2025, the following 30 amount, or so much thereof as is necessary, to be used for the 31 purposes designated: 32 Notwithstanding any provision of law to the contrary, to 33 supplement the appropriation made in this Act for health 34 program operations under the medical assistance program for the 35 -13- HF 2698 (4) 90 pf/ko/md 13/ 59
H.F. 2698 same fiscal year: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,193 2 Sec. 12. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 3 HEALTH AND HUMAN SERVICES. Notwithstanding any provision to 4 the contrary and subject to the availability of funds, there is 5 appropriated from the quality assurance trust fund created in 6 section 249L.4 to the department of health and human services 7 for the fiscal year beginning July 1, 2024, and ending June 30, 8 2025, the following amount, or so much thereof as is necessary, 9 for the purposes designated: 10 To supplement the appropriation made in this Act from the 11 general fund of the state to the department of health and human 12 services for medical assistance for the same fiscal year: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $111,216,205 14 Sec. 13. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 15 DEPARTMENT OF HEALTH AND HUMAN SERVICES. Notwithstanding any 16 provision to the contrary and subject to the availability of 17 funds, there is appropriated from the hospital health care 18 access trust fund created in section 249M.4 to the department 19 of health and human services for the fiscal year beginning July 20 1, 2024, and ending June 30, 2025, the following amount, or so 21 much thereof as is necessary, for the purposes designated: 22 To supplement the appropriation made in this Act from the 23 general fund of the state to the department of health and human 24 services for medical assistance for the same fiscal year: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,920,554 26 REIMBURSEMENT RATES 27 Sec. 14. REIMBURSEMENT RATES. 28 1. Reimbursement for medical assistance, state 29 supplementary assistance, and social service providers and 30 services reimbursed under the purview of the department of 31 health and human services shall remain at the reimbursement 32 rate or shall be determined pursuant to the reimbursement 33 methodology in effect on June 30, 2024, with the exception of 34 the following: 35 -14- HF 2698 (4) 90 pf/ko/md 14/ 59
H.F. 2698 a. If reimbursement is otherwise negotiated by contract or 1 pursuant to an updated fee schedule. 2 b. As otherwise provided in this section. 3 2. a. Notwithstanding any provision of law to the contrary, 4 for the fiscal year beginning July 1, 2024, and ending June 5 30, 2025, the department of health and human services shall 6 reimburse case-mix nursing facility rates at the amounts in 7 effect on June 30, 2024. 8 b. The department of health and human services shall 9 calculate each nursing facility’s case-mix index for the period 10 beginning July 1, 2023, using weighting based on the current 11 patient driven payment model (PDPM) schedule. Rosters shall be 12 made to show a separate calculation to determine the average 13 case-mix index for a nursing-facility-wide case mix index, and 14 a case-mix index for the residents of a nursing facility who 15 are Medicaid recipients using all minimum data set reports by 16 the nursing facility for the previous semi-annual period using 17 a day weighted calculation. 18 3. For the fiscal year beginning July 1, 2024, Medicaid 19 provider rates shall be adjusted to 85 percent of the benchmark 20 rates based on the department’s 2023 Medicaid rate review for 21 all of the following Medicaid providers: 22 a. Medical supply providers. 23 b. Physician assistants. 24 c. Physical therapists. 25 d. Occupational therapists. 26 e. Certified nurse midwives. 27 4. For the fiscal year beginning July 1, 2024, reimbursement 28 rates for home and community-based services providers shall be 29 increased compared to the rates in effect on June 30, 2024, to 30 the extent possible within the state funding, including the 31 $14,600,000 provided for this purpose. 32 5. For the fiscal year beginning July 1, 2024, reimbursement 33 rates for community mental health centers shall be increased 34 compared to the rates in effect on June 30, 2024, to the extent 35 -15- HF 2698 (4) 90 pf/ko/md 15/ 59
H.F. 2698 possible within the state funding, including the $276,947 1 provided for this purpose. 2 6. For the fiscal year beginning July 1, 2024, enhanced 3 reimbursement shall be provided within the additional $369,000 4 appropriated for this purpose for a psychiatric medical 5 institution for children that meets the selection criteria 6 specified in 2024 Iowa Acts, House File 2402, or successor 7 legislation, if enacted. 8 7. For the fiscal year beginning July 1, 2024, the pharmacy 9 dispensing fee shall be adjusted within the additional $500,000 10 appropriated for this purpose. 11 8. For the fiscal year beginning July 1, 2024, the 12 reimbursement rates for mental health providers shall be 13 increased within the additional $2,104,186 appropriated for 14 this purpose. 15 9. For the fiscal year beginning July 1, 2024, 16 residential-based supported community living provider 17 rates shall be increased within the additional $1,352,750 18 appropriated for this purpose. 19 10. For the fiscal year beginning July 1, 2024, 20 reimbursement rates for home heath agencies shall continue to 21 be based on the Medicare low utilization payment adjustment 22 (LUPA) methodology with state geographic wage adjustments and 23 shall be adjusted to increase the rates to the extent possible 24 within the state funding appropriated. The department shall 25 continue to update the rates every two years to reflect the 26 most recent Medicare LUPA rates. 27 11. For the fiscal year beginning July 1, 2024, 28 reimbursement rates for air medical services provided by an 29 entity that has over 40 years of experience and is the largest 30 community-based provider of air medical services shall be 31 increased within the additional $250,000 appropriated for this 32 purpose. 33 DIVISION VII 34 FAMILY WELL-BEING AND PROTECTION —— FY 2024-2025 35 -16- HF 2698 (4) 90 pf/ko/md 16/ 59
H.F. 2698 STATE CHILD CARE ASSISTANCE 1 Sec. 15. STATE CHILD CARE ASSISTANCE. There is appropriated 2 from the general fund of the state to the department of health 3 and human services for the fiscal year beginning July 1, 4 2024, and ending June 30, 2025, the following amount, or so 5 much thereof as is necessary, to be used for the purposes 6 designated: 7 For state child care assistance in accordance with section 8 237A.13: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,966,931 10 1. If the appropriations made for purposes of the state 11 child care assistance program for the fiscal year are 12 determined to be insufficient, it is the intent of the general 13 assembly to appropriate sufficient funding for the fiscal year 14 in order to avoid establishment of waiting list requirements. 15 2. A portion of the state match for the federal child care 16 and development block grant shall be provided as necessary to 17 meet federal matching funds requirements through the state 18 general fund appropriation made for child development grants 19 and other programs for at-risk children in section 279.51. 20 EARLY INTERVENTION AND SUPPORTS 21 Sec. 16. EARLY INTERVENTION AND SUPPORTS. There is 22 appropriated from the general fund of the state to the 23 department of health and human services for the fiscal year 24 beginning July 1, 2024, and ending June 30, 2025, the following 25 amount, or so much thereof as is necessary, to be used for the 26 purposes designated: 27 For promoting the optimum health status for children 28 and adolescents from birth through 21 years of age, and for 29 families: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,277,739 31 1. Of the funds appropriated in this section, not more 32 than $734,000 shall be used for the healthy opportunities for 33 parents to experience success (HOPES)-healthy families Iowa 34 (HFI) program established pursuant to section 135.106. 35 -17- HF 2698 (4) 90 pf/ko/md 17/ 59
H.F. 2698 2. Of the funds appropriated in this section, $4,313,854 is 1 allocated for the FaDSS grant program. Of the funds allocated 2 for the FaDSS grant program in this subsection, not more than 5 3 percent of the funds shall be used for administration of the 4 grant program. 5 3. Of the funds appropriated in this section, $29,256,799 6 shall be used for the purposes of the early childhood Iowa fund 7 created in section 256I.11. 8 4. Of the funds appropriated in this section, $1,000,000 9 shall be used for the purposes of program administration and 10 provision of pregnancy support services through the more 11 options for maternal support program in accordance with section 12 217.41C. 13 CHILD PROTECTIVE SERVICES 14 Sec. 17. CHILD PROTECTIVE SERVICES. There is appropriated 15 from the general fund of the state to the department of health 16 and human services for the fiscal year beginning July 1, 17 2024, and ending June 30, 2025, the following amount, or so 18 much thereof as is necessary, to be used for the purposes 19 designated: 20 For child, family, and adoption services, and for salaries, 21 support, maintenance, and miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $166,101,034 23 1. Of the funds appropriated in this section, $1,717,000 24 is allocated specifically for expenditure for fiscal year 25 2024-2025 through the decategorization services funding pools 26 and governance boards established pursuant to section 232.188. 27 2. A portion of the funds appropriated in this section 28 may be used to provide other resources based on client need 29 required to support family preservation, emergency client need, 30 or family reunification efforts. 31 3. Of the funds appropriated in this section, a sufficient 32 amount is allocated for foster family care, group foster care 33 maintenance and services, shelter care, child welfare emergency 34 services, and supervised apartment living contracts. 35 -18- HF 2698 (4) 90 pf/ko/md 18/ 59
H.F. 2698 4. Federal funds received by the state during the fiscal 1 year beginning July 1, 2024, as the result of the expenditure 2 of state funds appropriated during a previous state fiscal 3 year for a service or activity funded under this section, are 4 appropriated to the department to be used as additional funding 5 for services and purposes provided for under this section. 6 Notwithstanding section 8.33, moneys received in accordance 7 with this subsection that remain unencumbered or unobligated at 8 the close of the fiscal year shall not revert to any fund but 9 shall remain available for the purposes designated until the 10 close of the succeeding fiscal year. 11 5. a. Of the funds appropriated in this section, $748,000 12 is allocated for the payment of the expenses of court-ordered 13 services provided to children who are under the supervision 14 of the department, which expenses are a charge upon the state 15 pursuant to section 232.141, subsection 4. 16 b. Notwithstanding chapter 232 or any other provision of 17 law to the contrary, a district or juvenile court shall not 18 order any service which is a charge upon the state pursuant 19 to section 232.141 if the court-ordered services distribution 20 amount is insufficient to pay for the service. 21 6. Of the funds appropriated in this section, $1,658,000 22 shall be used for the child protection center grant program for 23 child protection centers located in Iowa in accordance with 24 section 135.118. The grant amounts under the program shall be 25 equalized so that each center receives a uniform base amount of 26 $245,000, and so that the remaining funds are awarded through 27 a funding formula based upon the volume of children served. 28 To increase access to child protection center services for 29 children in rural areas, the funding formula for the awarding 30 of the remaining funds shall provide for the awarding of an 31 enhanced amount to eligible grantees to develop and maintain 32 satellite centers in underserved regions of the state. 33 7. Of the funds appropriated in this section, $4,359,500 is 34 allocated for the preparation for adult living program pursuant 35 -19- HF 2698 (4) 90 pf/ko/md 19/ 59
H.F. 2698 to section 234.46. 1 8. Of the funds appropriated in this section, up to $227,000 2 shall be used for the public purpose of continuing a grant to a 3 nonprofit human services organization, providing services to 4 individuals and families in multiple locations in southwest 5 Iowa and Nebraska for support of a project providing immediate, 6 sensitive support and forensic interviews, medical exams, needs 7 assessments, and referrals for victims of child abuse and their 8 nonoffending family members. 9 9. Of the funds appropriated in this section, a portion may 10 be used for family-centered services for purposes of complying 11 with the federal Family First Prevention Services Act of 2018, 12 Pub. L. No. 115-123, and successor legislation. 13 10. a. Of the funds appropriated in this section, a 14 sufficient amount is allocated for adoption subsidy payments 15 and related costs. 16 b. Any funds allocated in this subsection remaining after 17 the allocation under paragraph “a” are designated and allocated 18 as state savings resulting from implementation of the federal 19 Fostering Connections to Success and Increasing Adoptions Act 20 of 2008, Pub. L. No. 110-351, and successor legislation, as 21 determined in accordance with 42 U.S.C. §673(a)(8), and shall 22 be used for post-adoption services and for other purposes 23 allowed under these federal laws, Tit. IV-B or Tit. IV-E of the 24 federal Social Security Act. 25 c. Of the funds appropriated in this section, $148,232 26 shall be used to increase the adoption subsidy paid to a person 27 pursuant to section 600.17 who adopts a child after July 1, 28 2024, by five percent over the rates in effect on June 30, 29 2024. 30 11. Of the funds appropriated in this section, a sufficient 31 amount is allocated to support training needs for child welfare 32 providers and to address disproportionality within the child 33 welfare system. 34 12. Of the funds appropriated in this section, $308,765 35 -20- HF 2698 (4) 90 pf/ko/md 20/ 59
H.F. 2698 shall be used to increase the foster care reimbursement rates 1 paid pursuant to section 234.38, by five percent over the rates 2 in effect on June 30, 2024. 3 13. Of the funds appropriated in this section, $1,000,000 is 4 allocated for enhanced training for child protective services 5 workers and for additional social worker supervisors to 6 appropriately manage caseloads. 7 14. If a separate funding source is identified that reduces 8 the need for state funds within an allocation under this 9 section, the allocated state funds may be redistributed to 10 other allocations under this section for the same fiscal year. 11 DIVISION VIII 12 STATE SPECIALTY CARE —— FY 2024-2025 13 Sec. 18. STATE SPECIALTY CARE. There is appropriated from 14 the general fund of the state to the department of health and 15 human services for the fiscal year beginning July 1, 2024, and 16 ending June 30, 2025, the following amount, or so much thereof 17 as is necessary, to be used for the purposes designated: 18 For salaries, support, maintenance, and miscellaneous 19 purposes at institutions under the jurisdiction of the 20 department of health and human services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100,006,128 22 1. The department shall utilize the funds appropriated in 23 this section as necessary to maximize bed capacity and to most 24 effectively meet the needs of the individuals served. 25 2. Of the amount appropriated in this section, the following 26 amounts are allocated to each institution as follows: 27 a. For the state mental health institute at Cherokee: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,439,086 29 b. For the state mental health institute at Independence: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,916,279 31 c. For the civil commitment unit for sexual offenders at 32 Cherokee: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,755,397 34 d. For the state resource center at Woodward: 35 -21- HF 2698 (4) 90 pf/ko/md 21/ 59
H.F. 2698 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,018,717 1 e. For the state resource center at Glenwood: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,255,132 3 f. For the state training school at Eldora: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,621,517 5 DIVISION IX 6 ADMINISTRATION AND COMPLIANCE —— FY 2024-2025 7 Sec. 19. ACCOUNTABILITY, COMPLIANCE, AND PROGRAM 8 INTEGRITY. There is appropriated from the general fund of the 9 state to the department of health and human services for the 10 fiscal year beginning July 1, 2024, and ending June 30, 2025, 11 the following amount, or so much thereof as is necessary, to be 12 used for the purposes designated: 13 For accountability, compliance, and program integrity, 14 including salaries, support, maintenance, and miscellaneous 15 purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,356,598 17 1. Of the funds appropriated in this section, $200,000 shall 18 be transferred to and deposited in the Iowa ABLE savings plan 19 trust administrative fund created in section 12I.4, to be used 20 for implementation and administration activities of the Iowa 21 ABLE savings plan trust. 22 2. Of the funds appropriated in this section, $2,602,312 23 shall be used for foster care review and the court appointed 24 special advocate program, including for salaries, support, 25 maintenance, and miscellaneous purposes. 26 3. Of the funds appropriated in this section, $1,148,959 27 shall be used for the office of long-term care ombudsman 28 for salaries, support, administration, maintenance, and 29 miscellaneous purposes. 30 4. For the fiscal year beginning July 1, 2024, and ending 31 June 30, 2025, the department of health and human services 32 may utilize the funds appropriated from the general fund of 33 the state to the department under this Act for up to 4,156.00 34 full-time equivalent positions. The department shall report to 35 -22- HF 2698 (4) 90 pf/ko/md 22/ 59
H.F. 2698 the general assembly by December 15, 2024, the distribution of 1 the approved number of full-time equivalent positions across 2 the organizational divisions of the department. 3 DIVISION X 4 AUTISM SUPPORT FUND 5 Sec. 20. AUTISM SUPPORT FUND —— APPROPRIATION. 6 Notwithstanding any provision to the contrary under section 7 225D.2, there is appropriated from the autism support fund 8 created in section 225D.2 to the department of health and human 9 services for the fiscal year beginning July 1, 2024, and ending 10 June 30, 2025, the following amount, or so much thereof as is 11 necessary, for the purposes designated: 12 For allocation to a nonprofit agency that provides expert 13 care for children with medical complexity as infrastructure 14 funding to expand its facilities to provide behavioral analysis 15 treatment for eligible individuals: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 750,000 17 DIVISION XI 18 DEPARTMENT OF HEALTH AND HUMAN SERVICES TRANSFERS, CASHFLOW, 19 AND NONREVERSIONS 20 Sec. 21. DEPARTMENT OF HEALTH AND HUMAN SERVICES TRANSFERS 21 AND CASHFLOW. 22 1. The department of health and human services may transfer 23 funds appropriated in this Act to support continuing alignment 24 efforts, to maximize federal support in accordance with the 25 department’s federal costs allocation plan, and for resources 26 necessary to implement and administer the services for which 27 funds are provided. The department shall report any transfers 28 made pursuant to this subsection to the general assembly. 29 2. If the savings to the appropriations made for the 30 Medicaid program from ongoing cost management efforts exceed 31 the associated costs for the fiscal year, the department may 32 transfer any savings generated for the fiscal year due to cost 33 management efforts to the appropriations made in this Act for 34 health program operations or for accountability, compliance, 35 -23- HF 2698 (4) 90 pf/ko/md 23/ 59
H.F. 2698 and program integrity to defray the costs associated with 1 implementation of the cost management efforts. 2 3. The department may transfer funds appropriated for 3 child protective services to pay the nonfederal share costs of 4 services reimbursed under the medical assistance program, state 5 child care assistance program, or the family investment program 6 which are provided to children who would otherwise receive 7 services paid under the appropriation for child protective 8 services. 9 4. The department may transfer funds from the temporary 10 assistance for needy families block grant to the federal social 11 services block grant appropriation, and to the child care and 12 development block grant appropriation, in accordance with 13 federal law. 14 5. To the extent the department determines that moneys 15 appropriated under this Act or allocated for a specific purpose 16 under the Act will remain unencumbered or unobligated at the 17 close of the fiscal year, such unencumbered or unobligated 18 moneys may be used in the same fiscal year for any other 19 purpose for which the moneys appropriated may be used, or for 20 any other allocation within the same appropriation. 21 6. To the extent the department determines that moneys 22 appropriated under this Act will remain unencumbered or 23 unobligated at the close of the fiscal year or that services 24 will not be impacted, the department may utilize up to 25 $3,000,000 of such unencumbered or unobligated moneys 26 appropriated to develop and support the thrive Iowa program, 27 a closed-loop referral system utilizing a navigator model, 28 that acts as the connection point to link Iowans on an 29 individualized path to prosperity and self-sufficiency to 30 available resources in all sectors of the community. 31 Sec. 22. DEPARTMENT OF HEALTH AND HUMAN SERVICES 32 NONREVERSIONS. 33 1. Notwithstanding section 8.33, moneys appropriated from 34 the general fund of the state and the temporary assistance for 35 -24- HF 2698 (4) 90 pf/ko/md 24/ 59
H.F. 2698 needy families block grant to the department of health and 1 human services for the fiscal year beginning July 1, 2024, 2 and ending June 30, 2025, for the purposes of the FaDSS grant 3 program that remain unencumbered or unobligated at the close of 4 the fiscal year shall not revert, but shall remain available 5 for expenditure for the purposes designated until the close of 6 the succeeding fiscal year. 7 2. Notwithstanding section 8.33, of the moneys appropriated 8 from the general fund of the state, the quality assurance trust 9 fund, and the hospital health care access trust fund to the 10 department of health and human services for the fiscal year 11 beginning July 1, 2024, and ending June 30, 2025, for the 12 purposes of the medical assistance program, the amount that is 13 in excess of actual expenditures for the medical assistance 14 program that remains unencumbered or unobligated at the close 15 of the fiscal year shall not revert, but shall remain available 16 for expenditure for the medical assistance program until the 17 close of the succeeding fiscal year. 18 3. Notwithstanding section 8.33, and notwithstanding the 19 nonreversion amount limitation specified in section 222.92, 20 moneys appropriated from the general fund of the state to the 21 department of health and human services for the fiscal year 22 beginning July 1, 2024, and ending June 30, 2025, for the 23 purposes of state specialty care that remain unencumbered or 24 unobligated at the close of the fiscal year shall not revert, 25 but shall remain available for expenditure for the purposes 26 designated for subsequent fiscal years. 27 4. Notwithstanding section 8.33, moneys appropriated from 28 the general fund of the state to the department of health and 29 human services for the fiscal year beginning July 1, 2024, 30 and ending June 30, 2025, for the commission on volunteer 31 service for purposes of the Iowa state commission grant program 32 that remain unencumbered or unobligated at the close of the 33 fiscal year shall not revert, but shall remain available for 34 expenditure for the purposes designated for subsequent fiscal 35 -25- HF 2698 (4) 90 pf/ko/md 25/ 59
H.F. 2698 years. 1 5. Notwithstanding section 8.33, moneys appropriated from 2 the general fund of the state to the department of health and 3 human services for the fiscal year beginning July 1, 2024, 4 and ending June 30, 2025, and allocated for rural psychiatric 5 residencies to annually fund eight psychiatric residents who 6 will provide mental health services to underserved areas of the 7 state that remain unencumbered or unobligated at the close of 8 the fiscal year shall not revert, but shall remain available 9 for expenditure for the purposes designated until the close of 10 the succeeding fiscal year. 11 6. Notwithstanding section 8.33, moneys appropriated from 12 the general fund of the state to the department of health and 13 human services for the fiscal year beginning July 1, 2024, 14 and ending June 30, 2025, and allocated for adoption subsidy 15 payments and related costs or for post-adoption services 16 and related allowable purposes that remain unencumbered or 17 unobligated at the close of the fiscal year shall not revert, 18 but shall remain available for expenditure for the purposes 19 designated until the close of the succeeding fiscal year. 20 DIVISION XII 21 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 22 PROVISIONS —— FY 2022-2023 23 RURAL PSYCHIATRIC RESIDENCIES 24 Sec. 23. 2022 Iowa Acts, chapter 1131, section 3, subsection 25 4, paragraph j, is amended to read as follows: 26 j. Of the funds appropriated in this subsection, $800,000 27 shall be used for rural psychiatric residencies to support the 28 annual creation and training of six eight psychiatric residents 29 who will provide mental health services in underserved areas of 30 the state. Notwithstanding section 8.33 , moneys that remain 31 unencumbered or unobligated at the close of the fiscal year 32 shall not revert but shall remain available for expenditure for 33 the purposes designated for subsequent fiscal years. 34 FAMILY INVESTMENT PROGRAM 35 -26- HF 2698 (4) 90 pf/ko/md 26/ 59
H.F. 2698 Sec. 24. 2022 Iowa Acts, chapter 1131, section 9, subsection 1 7, as enacted by 2023 Iowa Acts, chapter 112, section 41, is 2 amended to read as follows: 3 7. Notwithstanding section 8.33 , moneys appropriated in 4 this section that remain unencumbered or unobligated at the 5 close of the fiscal year shall not revert but shall remain 6 available for the purposes designated , or may be transferred to 7 other appropriations in this division of this Act or used as 8 necessary to enhance agency accountability, program integrity, 9 compliance, and efficiency, until the close of the succeeding 10 fiscal year. 11 Sec. 25. EFFECTIVE DATE. This division of this Act, being 12 deemed of immediate importance, takes effect upon enactment. 13 Sec. 26. RETROACTIVE APPLICABILITY. This division of this 14 Act applies retroactively to July 1, 2022. 15 DIVISION XIII 16 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 17 PROVISIONS —— FY 2023-2024 18 OFFICE OF PUBLIC GUARDIAN 19 Sec. 27. 2023 Iowa Acts, chapter 112, section 3, is amended 20 by adding the following new subsection: 21 NEW SUBSECTION . 7. Notwithstanding section 8.33, 22 moneys appropriated in this section for the state office of 23 public guardian established under chapter 231E that remain 24 unencumbered or unobligated at the close of the fiscal year 25 shall not revert but shall remain available for the purposes 26 designated until the close of the succeeding fiscal year. 27 AUDIOLOGICAL SERVICES 28 Sec. 28. 2023 Iowa Acts, chapter 112, section 5, subsection 29 2, paragraph e, is amended to read as follows: 30 e. Of the funds appropriated in this subsection, $156,000 31 shall be used to provide audiological services and hearing aids 32 for children. Notwithstanding section 8.33, moneys allocated 33 in this paragraph that remain unencumbered or unobligated at 34 the close of the fiscal year shall not revert but shall remain 35 -27- HF 2698 (4) 90 pf/ko/md 27/ 59
H.F. 2698 available for the purposes designated until the close of the 1 succeeding fiscal year. 2 RURAL PSYCHIATRIC RESIDENCIES 3 Sec. 29. 2023 Iowa Acts, chapter 112, section 5, subsection 4 4, paragraph j, is amended to read as follows: 5 j. Of the funds appropriated in this subsection, $800,000 6 shall be used for rural psychiatric residencies to annually 7 fund six eight psychiatric residents who will provide 8 mental health services in underserved areas of the state. 9 Notwithstanding section 8.33 , moneys that remain unencumbered 10 or unobligated at the close of the fiscal year shall not revert 11 but shall remain available for expenditure for the purposes 12 designated for subsequent fiscal years. 13 CHILD AND FAMILY SERVICES —— CHILD PROTECTIVE SERVICES 14 Sec. 30. 2023 Iowa Acts, chapter 112, section 7, subsection 15 7, is amended to read as follows: 16 7. For child and family protective services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 18 35,380,654 19 Of the funds appropriated in this subsection, up to 20 $3,000,000 shall be used for the kinship caregiver stipend 21 program. 22 FAMILY INVESTMENT PROGRAM 23 Sec. 31. 2023 Iowa Acts, chapter 112, section 9, is amended 24 by adding the following new subsection: 25 NEW SUBSECTION . 7. 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 the purposes designated, or may 29 be transferred to other appropriations in this division of this 30 Act or used as necessary to enhance agency accountability, 31 program integrity, compliance, and efficiency, until the close 32 of the succeeding fiscal year. 33 CHILD CARE ASSISTANCE 34 Sec. 32. 2023 Iowa Acts, chapter 112, section 17, subsection 35 -28- HF 2698 (4) 90 pf/ko/md 28/ 59
H.F. 2698 8, is amended to read as follows: 1 8. Notwithstanding section 8.33 , moneys advanced for 2 purposes of the programs developed by early childhood Iowa 3 areas, advanced for purposes of wraparound child care, or 4 received from the federal appropriations made for the purposes 5 of appropriated in this section that remain unencumbered or 6 unobligated at the close of the fiscal year shall not revert 7 to any fund but shall remain available for expenditure for the 8 purposes designated until the close of the succeeding fiscal 9 year. 10 CHILD AND FAMILY SERVICES 11 Sec. 33. 2023 Iowa Acts, chapter 112, section 19, is amended 12 by adding the following new subsection: 13 NEW SUBSECTION . 23. Notwithstanding section 8.33, moneys 14 appropriated in this section that remain unencumbered or 15 unobligated at the close of the fiscal year shall not revert 16 but shall remain available for the purposes designated until 17 the close of the succeeding fiscal year. 18 ADOPTION SUBSIDY —— QUALIFIED RESIDENTIAL TREATMENT PROVIDERS 19 —— PMIC PROVIDER 20 Sec. 34. 2023 Iowa Acts, chapter 112, section 20, subsection 21 4, is amended to read as follows: 22 4. Notwithstanding section 8.33 , moneys appropriated in 23 this section that remain unencumbered or unobligated at the 24 close of the fiscal year shall not revert but shall remain 25 available for the purposes designated ; and may be used for 26 child protective services qualified residential treatment 27 provider rates and security enhancements; and up to $3,000,000 28 may be used by the department, notwithstanding any provision 29 of law to the contrary regarding competitive bidding, to enter 30 into a sole source contract with a nonprofit provider founded 31 in 1912, with centers in 11 states that provide a comprehensive 32 behavioral health network of clinical, therapeutic, education, 33 and employment programs and services, for renovation or 34 purchase of a facility for use as a psychiatric medical 35 -29- HF 2698 (4) 90 pf/ko/md 29/ 59
H.F. 2698 institution for children, until the close of the succeeding 1 fiscal year. 2 FIELD OPERATIONS 3 Sec. 35. 2023 Iowa Acts, chapter 112, section 26, 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 the purposes designated until 9 the close of the succeeding fiscal year. 10 GENERAL ADMINISTRATION —— MORE OPTIONS FOR MATERNAL SUPPORT 11 PROGRAM 12 Sec. 36. 2023 Iowa Acts, chapter 112, section 27, subsection 13 8, is amended to read as follows: 14 8. Of the funds appropriated under this section, $1,000,000 15 shall be used for the purposes of program administration and 16 provision of pregnancy support services through the more 17 options for maternal support program in accordance with section 18 217.41C . Notwithstanding section 8.33, moneys allocated in 19 this subsection that remain unencumbered or unobligated at the 20 close of the fiscal year shall not revert but shall remain 21 available for the purposes designated until the close of the 22 succeeding fiscal year. 23 LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM ADMINISTRATIVE 24 ALLOCATION —— FEDERAL BLOCK GRANT 25 Sec. 37. 2023 Iowa Acts, chapter 161, section 10, subsection 26 3, is amended to read as follows: 27 3. After subtracting the allocation in subsection 2, up to 28 10 no less than 8.4 percent of the remaining moneys for each 29 federal fiscal year are allocated for administrative expenses 30 of low-income home energy assistance program contractors and 31 up to 1.6 percent of the remaining moneys for each fiscal year 32 are allocated for the administrative expenses of the department 33 of health and human services under the low-income home energy 34 assistance program of which $377,000 is allocated each federal 35 -30- HF 2698 (4) 90 pf/ko/md 30/ 59
H.F. 2698 fiscal year for administrative expenses of the department of 1 health and human services . The costs of auditing the use and 2 administration of the portion of the appropriation in this 3 section that is retained by the state shall be paid from the 4 amount allocated in this subsection each federal fiscal year to 5 the department of health and human services. The auditor of 6 state shall bill the department of health and human services 7 for the audit costs. 8 Sec. 38. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 Sec. 39. RETROACTIVE APPLICABILITY. This division of this 11 Act applies retroactively to July 1, 2023. 12 DIVISION XIV 13 REPORT ON NONREVERSION OF FUNDS 14 Sec. 40. REPORT ON NONREVERSION OF FUNDS. The department 15 of health and human services shall report the expenditure of 16 any moneys for which nonreversion authorization was provided 17 for the fiscal year beginning July 1, 2023, and ending June 30, 18 2024, to the general assembly on a quarterly basis beginning 19 October 1, 2024. 20 DIVISION XV 21 EMERGENCY RULES AND REPORTS 22 Sec. 41. EMERGENCY RULES. 23 1. If necessary to comply with federal requirements 24 including time frames, or if specifically authorized by a 25 provision of this Act, the department of health and human 26 services or the mental health and disability services 27 commission shall adopt administrative rules under section 28 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 29 “b”, to implement the applicable provisions of this Act. The 30 rules shall be effective immediately upon filing unless a 31 later date is specified in the rules. Any rules adopted in 32 accordance with this section shall also be published as a 33 notice of intended action as provided in section 17A.4. 34 2. If during a fiscal year, the department of health and 35 -31- HF 2698 (4) 90 pf/ko/md 31/ 59
H.F. 2698 human services is adopting rules in accordance with this 1 section or as otherwise directed or authorized by state 2 law, and the rules will result in an expenditure increase 3 beyond the amount anticipated in the budget process or if the 4 expenditure was not addressed in the budget process for the 5 fiscal year, the department shall notify the general assembly 6 and the department of management concerning the rules and the 7 expenditure increase. The notification shall be provided at 8 least thirty calendar days prior to the date notice of the 9 rules is submitted to the administrative rules coordinator and 10 the administrative code editor. 11 Sec. 42. REPORTS. Unless otherwise provided, any reports or 12 other information required to be compiled and submitted under 13 this Act during the fiscal year beginning July 1, 2024, shall 14 be submitted on or before the date specified for submission of 15 the reports or information. 16 DIVISION XVI 17 CODIFIED PROVISIONS 18 PERSONAL NEEDS ALLOWANCE FOR FACILITIES UNDER MEDICAID 19 Sec. 43. Section 249A.30A, Code 2024, is amended to read as 20 follows: 21 249A.30A Medical assistance —— personal needs allowance. 22 1. The personal needs allowance under the medical 23 assistance program, which may be retained by a person who is a 24 resident of a nursing facility, an intermediate care facility 25 for persons with an intellectual disability, or an intermediate 26 care facility for persons with mental illness, as defined in 27 section 135C.1 , or a person who is a resident of a psychiatric 28 medical institution for children as defined in section 135H.1 , 29 shall be fifty dollars per month. 30 2. A resident who has income of less than fifty dollars 31 per month shall receive a supplement from the state in the 32 amount necessary to receive a personal needs allowance of fifty 33 dollars per month , if funding is specifically appropriated for 34 this purpose . The general assembly shall annually appropriate 35 -32- HF 2698 (4) 90 pf/ko/md 32/ 59
H.F. 2698 a sufficient amount from the general fund of the state to the 1 department of health and human services for this purpose. 2 REPLACEMENT GENERATION TAX REVENUES 3 Sec. 44. Section 437A.8, subsection 4, paragraph d, Code 4 2024, is amended to read as follows: 5 d. Notwithstanding paragraph “a” , a taxpayer who owns 6 or leases a new electric power generating plant and who has 7 no other operating property in the state of Iowa except for 8 operating property directly serving the new electric power 9 generating plant as described in section 437A.16 shall pay 10 the replacement generation tax associated with the allocation 11 of the local amount to the county treasurer of the county in 12 which the local amount is located and shall remit the remaining 13 replacement generation tax, if any, to the director according 14 to paragraph “a” for remittance of the tax to county treasurers. 15 The director shall notify each taxpayer on or before August 31 16 following a tax year of its remaining replacement generation 17 tax to be remitted to the director. All remaining replacement 18 generation tax revenues received by the director shall be 19 deposited in the property tax relief fund created in section 20 426B.1 , and shall be distributed as provided in section 426B.2 21 appropriated annually to the department of health and human 22 services to supplement any appropriation made for medical 23 assistance . 24 If a taxpayer has paid an amount of replacement tax, 25 penalty, or interest which was deposited into the property 26 tax relief fund appropriated to the department of health and 27 human services under this paragraph and which was not due, all 28 of the provisions of section 437A.14, subsection 1 , paragraph 29 “b” , shall apply with regard to any claim for refund or credit 30 filed by the taxpayer. The director shall have sole discretion 31 as to whether the erroneous payment will be refunded to the 32 taxpayer or credited against any replacement tax due, or to 33 become due, from the taxpayer that would be subject to deposit 34 in the property tax relief fund appropriated to the department 35 -33- HF 2698 (4) 90 pf/ko/md 33/ 59
H.F. 2698 of health and human services under this paragraph . 1 Sec. 45. Section 437A.15, subsection 3, paragraph f, Code 2 2024, is amended to read as follows: 3 f. Notwithstanding the provisions of this section , if 4 a taxpayer is a municipal utility or a municipal owner of 5 an electric power facility financed under the provisions 6 of chapter 28F or 476A , the assessed value, other than the 7 local amount, of a new electric power generating plant shall 8 be allocated to each taxing district in which the municipal 9 utility or municipal owner is serving customers and has 10 electric meters in operation in the ratio that the number of 11 operating electric meters of the municipal utility or municipal 12 owner located in the taxing district bears to the total number 13 of operating electric meters of the municipal utility or 14 municipal owner in the state as of January 1 of the tax year. 15 If the municipal utility or municipal owner of an electric 16 power facility financed under the provisions of chapter 28F 17 or 476A has a new electric power generating plant but the 18 municipal utility or municipal owner has no operating electric 19 meters in this state, the municipal utility or municipal owner 20 shall pay the replacement generation tax associated with the 21 new electric power generating plant allocation of the local 22 amount to the county treasurer of the county in which the local 23 amount is located and shall remit the remaining replacement 24 generation tax, if any, to the director at the times contained 25 in section 437A.8, subsection 4 , for remittance of the tax to 26 the county treasurers. All remaining replacement generation 27 tax revenues received by the director shall be deposited in 28 the property tax relief fund created in section 426B.1 , and 29 shall be distributed as provided in section 426B.2 appropriated 30 annually to the department of health and human services to 31 supplement any appropriation made for medical assistance . 32 PERSONAL NEEDS ALLOWANCE FOR STATE SUPPLEMENTARY ASSISTANCE 33 Sec. 46. NEW SECTION . 249.9A Personal needs allowance. 34 1. The department shall increase the personal needs 35 -34- HF 2698 (4) 90 pf/ko/md 34/ 59
H.F. 2698 allowance for residents of residential care facilities by the 1 same percentage and at the same time as federal supplemental 2 security income and federal social security benefits are 3 increased due to a recognized increase in the cost of living. 4 2. If during a fiscal year, the department projects that 5 state supplementary assistance expenditures for a calendar year 6 will not meet the federal pass-through requirement specified 7 in Tit. XVI of the federal Social Security Act, section 1618, 8 as codified in 42 U.S.C. §1382g, the department may take 9 actions including but not limited to increasing the personal 10 needs allowance for residential care facility residents 11 and making programmatic adjustments or upward adjustments 12 of the residential care facility or in-home health-related 13 care reimbursement rates to ensure compliance with federal 14 requirements. In addition, the department may make other 15 programmatic and rate adjustments necessary to remain within 16 the funds appropriated for a fiscal year while ensuring 17 compliance with federal requirements. 18 3. The department may adopt emergency rules under section 19 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 20 “b” , to implement the provisions of this section and the rules 21 shall be effective immediately upon filing unless a later date 22 is specified in the rules. Any rules adopted in accordance 23 with this section shall also be published as a notice of 24 intended action as provided in section 17A.4. 25 MEDICAID FRAUD FUND AND HEALTH CARE TRUST FUND 26 Sec. 47. Section 249A.50, subsection 3, Code 2024, is 27 amended to read as follows: 28 3. a. A Medicaid fraud fund is created in the state 29 treasury under the authority of the department of inspections, 30 appeals, and licensing. Moneys from penalties, investigative 31 costs recouped by the Medicaid fraud control unit, and other 32 amounts received as a result of prosecutions involving 33 the department of inspections, appeals, and licensing 34 investigations and audits to ensure compliance with the medical 35 -35- HF 2698 (4) 90 pf/ko/md 35/ 59
H.F. 2698 assistance program that are not credited to the program shall 1 be credited to the fund. 2 b. Notwithstanding section 8.33 , moneys credited to the 3 fund from any other account or fund shall not revert to the 4 other account or fund. Moneys in the fund shall only be used as 5 provided in appropriations from the fund and shall be used in 6 accordance with applicable laws, regulations, and the policies 7 of the office of inspector general of the United States 8 department of health and human services. 9 c. Any funds remaining in the Medicaid fraud fund at the 10 close of a fiscal year are appropriated to the department of 11 health and human services to supplement any medical assistance 12 program appropriation for the same fiscal year to be used 13 for medical assistance reimbursement and associated costs, 14 including program administration and costs associated with 15 program implementation. 16 c. d. For the purposes of this subsection , “investigative 17 costs” means the reasonable value of a Medicaid fraud control 18 unit investigator’s, auditor’s or employee’s time, any moneys 19 expended by the Medicaid fraud control unit, and the reasonable 20 fair market value of resources used or expended by the Medicaid 21 fraud control unit in a case resulting in a criminal conviction 22 of a provider under this chapter or chapter 714 or 715A . 23 Sec. 48. Section 453A.35A, Code 2024, is amended to read as 24 follows: 25 453A.35A Health care trust fund —— appropriation to Medicaid 26 program . 27 1. A health care trust fund is created in the office of 28 the treasurer of state. The fund consists of the revenues 29 generated from the tax on cigarettes pursuant to section 30 453A.6, subsection 1 , and from the tax on tobacco products 31 as specified in section 453A.43, subsections 1, 2, 3, and 4 , 32 that are credited to the health care trust fund, annually, 33 pursuant to section 453A.35 . Moneys in the fund shall be 34 separate from the general fund of the state and shall not be 35 -36- HF 2698 (4) 90 pf/ko/md 36/ 59
H.F. 2698 considered part of the general fund of the state. However, the 1 fund shall be considered a special account for the purposes 2 of section 8.53 relating to generally accepted accounting 3 principles. Moneys in the fund shall be used only as specified 4 in this section and shall be appropriated only for the uses 5 specified. Moneys in the fund are not subject to section 8.33 6 and shall not be transferred, used, obligated, appropriated, 7 or otherwise encumbered, except as provided in this section . 8 Notwithstanding section 12C.7, subsection 2 , interest or 9 earnings on moneys deposited in the fund shall be credited to 10 the fund. 11 2. Moneys in the fund shall be used only for purposes 12 related to health care, substance use disorder treatment and 13 prevention, and tobacco use prevention, cessation, and control. 14 3. Any funds remaining in the health care trust fund at the 15 close of a fiscal year are appropriated to the department of 16 health and human services to supplement any medical assistance 17 program appropriation for the same fiscal year to be used 18 for medical assistance reimbursement and associated costs, 19 including program administration and costs associated with 20 program implementation. 21 MENTAL HEALTH INSTITUTES —— RETAINING OF REVENUE 22 Sec. 49. NEW SECTION . 218.97 Retaining of revenue by mental 23 health institutes. 24 Notwithstanding sections 218.78 and 249A.11, any revenue 25 received from the state mental health institute at Cherokee or 26 the state mental health institute at Independence pursuant to 27 42 C.F.R. §438.6(e) may be retained and expended by the mental 28 health institute. 29 RESIDENTS OF MENTAL HEALTH INSTITUTES —— RETAINING MEDICAID 30 ELIGIBILITY 31 Sec. 50. NEW SECTION . 249A.38A Residents of mental health 32 institutes —— retaining of Medicaid eligibility. 33 Notwithstanding any provision of law to the contrary, 34 a Medicaid recipient residing at the state mental health 35 -37- HF 2698 (4) 90 pf/ko/md 37/ 59
H.F. 2698 institute at Cherokee or the state mental health institute 1 at Independence shall retain Medicaid eligibility during the 2 period of the Medicaid recipient’s stay for which federal 3 financial participation is available. 4 STATE RESOURCE CENTERS —— SCOPE OF SERVICES 5 Sec. 51. NEW SECTION . 218.97A State resource centers —— 6 scope of services approach —— time-limited assessment and respite 7 services. 8 1. The department may continue to bill for state resource 9 center services utilizing a scope of services approach used for 10 private providers of intermediate care facilities for persons 11 with an intellectual disability services, in a manner which 12 does not shift costs between the medical assistance program, 13 mental health and disability services regions, or other sources 14 of funding for the state resource centers. 15 2. The state resource centers may expand the time-limited 16 assessment and respite services during a fiscal year. 17 JUVENILE DETENTION HOME FUND —— APPROPRIATION 18 Sec. 52. Section 232.142, Code 2024, is amended to read as 19 follows: 20 232.142 Maintenance and cost of juvenile homes —— fund —— 21 appropriation of moneys in fund . 22 1. County boards of supervisors which singly or in 23 conjunction with one or more other counties provide and 24 maintain juvenile detention and juvenile shelter care homes are 25 subject to this section . 26 2. For the purpose of providing and maintaining a county 27 or multicounty home, the board of supervisors of any county 28 may issue general county purpose bonds in accordance with 29 sections 331.441 through 331.449 . Expenses for providing and 30 maintaining a multicounty home shall be paid by the counties 31 participating in a manner to be determined by the boards of 32 supervisors. 33 3. A county or multicounty juvenile detention home approved 34 pursuant to this section shall receive financial aid from the 35 -38- HF 2698 (4) 90 pf/ko/md 38/ 59
H.F. 2698 state in a manner approved by the director. Aid paid by the 1 state shall be at least ten percent and not more than fifty 2 percent of the total cost of the establishment, improvements, 3 operation, and maintenance of the home. 4 4. The director shall adopt minimal rules and standards for 5 the establishment, maintenance, and operation of such homes as 6 shall be necessary to effect the purposes of this chapter . The 7 rules shall apply the requirements of section 237.8 , concerning 8 employment and evaluation of persons with direct responsibility 9 for a child or with access to a child when the child is 10 alone and persons residing in a child foster care facility, 11 to persons employed by, residing in, or volunteering for a 12 home approved under this section . The director shall, upon 13 request, give guidance and consultation in the establishment 14 and administration of the homes and programs for the homes. 15 5. The director shall approve annually all such homes 16 established and maintained under the provisions of this 17 chapter . A home shall not be approved unless it complies with 18 minimal rules and standards adopted by the director and has 19 been inspected by the department of inspections, appeals, and 20 licensing. The statewide number of beds in the homes approved 21 by the director shall not exceed two hundred seventy-two beds 22 beginning July 1, 2017. 23 6. a. A juvenile detention home fund is created in the 24 state treasury under the authority of the department. The 25 fund shall consist of moneys deposited in the fund pursuant to 26 section 602.8108 . The moneys in the fund shall be used for 27 the costs of the establishment, improvement, operation, and 28 maintenance of county or multicounty juvenile detention homes 29 in accordance with annual appropriations made by the general 30 assembly from the fund for these purposes this subsection . 31 b. (1) Moneys deposited in the juvenile detention home 32 fund during a fiscal year are appropriated to the department 33 for the same fiscal year for distribution of an amount equal to 34 a percentage of the costs of the establishment, improvement, 35 -39- HF 2698 (4) 90 pf/ko/md 39/ 59
H.F. 2698 operation, and maintenance of county or multicounty juvenile 1 detention homes in the prior fiscal year. Such percentage 2 shall be determined by the department based on the amount 3 available for distribution from the fund. 4 (2) Moneys appropriated for distribution in accordance with 5 this subsection shall be allocated among eligible detention 6 homes, prorated on the basis of an eligible detention home’s 7 proportion of the costs of all eligible detention homes in the 8 prior fiscal year. 9 FAMILY INVESTMENT PROGRAM ACCOUNT ELIMINATION 10 Sec. 53. Section 239B.11, Code 2024, is amended to read as 11 follows: 12 239B.11 Family investment program account —— diversion 13 program subaccount —— diversion program. 14 1. An account is established in the state treasury to 15 be known as the family investment program account under 16 control of the department to which shall be credited all funds 17 appropriated by the state for the payment of assistance and 18 JOBS program expenditures. All other moneys received at any 19 time for these purposes, including child support revenues, 20 shall be deposited into the account as provided by law. All 21 assistance and JOBS program expenditures under this chapter 22 shall be paid from the account. 23 2. a. A diversion program subaccount is created within 24 the family investment program account. The subaccount may be 25 used to provide incentives to divert a family’s participation 26 in the family investment program if the family meets the 27 department’s income eligibility requirements for the diversion 28 program. Incentives may be provided in the form of payment or 29 services to help a family to obtain or retain employment. The 30 diversion program subaccount may also be used for payments to 31 participants as necessary to cover the expenses of removing 32 barriers to employment and to assist in stabilizing employment. 33 In addition, the diversion program subaccount may be used for 34 funding of services and payments for persons whose family 35 -40- HF 2698 (4) 90 pf/ko/md 40/ 59
H.F. 2698 investment program eligibility has ended, in order to help the 1 persons to stabilize or improve their employment status. 2 b. The A diversion program is created under the family 3 investment program. The program shall provide incentives 4 to divert a family’s participation in or transition of 5 a family from the family investment program by helping a 6 participant obtain or retain employment, by removing barriers 7 to employment, by stabilizing a participant’s employment, or 8 by improving a participant’s employment status. The program 9 shall be implemented statewide in a manner that preserves local 10 flexibility in program design. The department shall assess and 11 screen individuals who would most likely benefit from diversion 12 program assistance. The department may shall adopt income 13 eligibility requirements and additional eligibility criteria 14 for the diversion program as necessary for compliance with 15 federal law and for screening those families who would be most 16 likely to become eligible for the family investment program if 17 diversion program incentives would were not be provided to the 18 families . 19 Sec. 54. Section 239B.14, subsection 2, Code 2024, is 20 amended to read as follows: 21 2. An individual who commits a fraudulent practice under 22 this section is personally liable for the amount of assistance 23 or other benefits fraudulently obtained. The amount of the 24 assistance or other benefits may be recovered from the offender 25 or the offender’s estate in an action brought or by claim 26 filed in the name of the state and the recovered funds shall 27 be deposited in the family investment program account credited 28 to the appropriation to the department for community access 29 and eligibility to be used for the purposes of the family 30 investment program . The action or claim filed in the name of 31 the state shall not be considered an election of remedies to 32 the exclusion of other remedies. 33 Sec. 55. Section 252B.27, subsection 1, Code 2024, is 34 amended to read as follows: 35 -41- HF 2698 (4) 90 pf/ko/md 41/ 59
H.F. 2698 1. The director, within the limitations of the amount 1 appropriated for child support services, or moneys transferred 2 for this purpose from the family investment program account 3 created in section 239B.11 appropriation to the department for 4 community access and eligibility , may establish new positions 5 and add employees to child support services if the director 6 determines that both the current and additional employees 7 together can reasonably be expected to maintain or increase net 8 state revenue at or beyond the budgeted level for the fiscal 9 year. 10 Sec. 56. TRANSITION PROVISION. All unencumbered and 11 unobligated moneys remaining on June 30, 2024, in the family 12 investment program account created in section 239B.11, are 13 appropriated to the department of health and human services for 14 community access and eligibility. 15 CHILD SUPPORT COLLECTION SERVICES CENTER REFUND ACCOUNT 16 Sec. 57. Section 252B.13A, Code 2024, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 3. Support payments received by the 19 collection services center shall be deposited in the collection 20 services center refund account. The account shall be separate 21 from the general fund of the state and shall not be considered 22 part of the general fund of the state. The moneys deposited 23 in the account are not subject to section 8.33 and shall not 24 be transferred, used, obligated, appropriated, or otherwise 25 encumbered except as provided for the purposes of this chapter. 26 Notwithstanding section 12C.7, subsection 2, interest or 27 earnings on moneys deposited in the account shall be credited 28 to the account. 29 QUALITY ASSURANCE ASSESSMENT —— PAYMENT PERIOD BASIS 30 Sec. 58. Section 249L.3, subsection 2, Code 2024, is amended 31 to read as follows: 32 2. The quality assurance assessment shall be paid by each 33 nursing facility to the department on a quarterly basis , or 34 other schedule as determined by the department due to a nursing 35 -42- HF 2698 (4) 90 pf/ko/md 42/ 59
H.F. 2698 facility’s noncompliance or based on an indication of a nursing 1 facility’s financial instability, after the nursing facility’s 2 medical assistance payment rates are adjusted to include 3 funds appropriated from the quality assurance trust fund for 4 that purpose. The department shall prepare and distribute a 5 form upon which nursing facilities shall calculate and report 6 the quality assurance assessment. A nursing facility shall 7 submit the completed form with the assessment amount no later 8 than thirty days following the end of each calendar quarter 9 assessment period . 10 CENTERS OF EXCELLENCE GRANT PROGRAM 11 Sec. 59. NEW SECTION . 135.194 Centers of excellence grant 12 program. 13 1. The department shall administer a centers of excellence 14 grant program to encourage innovation and collaboration among 15 regional health care providers in rural areas, based upon the 16 results of a regional community needs assessment, in order 17 to transform health care delivery that provides quality, 18 sustainable care in meeting the needs of the local community. 19 2. There is appropriated from the general fund of the 20 state to the department, beginning July 1, 2024, and for each 21 subsequent fiscal year, the sum of four hundred twenty-five 22 thousand dollars to award two program grants. 23 3. An applicant for a grant shall specify how the grant will 24 be expended to accomplish the goals of the program and shall 25 provide a detailed five-year sustainability plan prior to being 26 awarded the grant. 27 4. Following receipt of a grant, a recipient shall submit 28 periodic reports as specified by the department to the governor 29 and the general assembly regarding the recipient’s expenditure 30 of the grant and progress in accomplishing the program’s goals. 31 ASSISTED LIVING PROGRAM —— REVISED PAYMENT MODEL STUDY 32 Sec. 60. ASSISTED LIVING PROGRAM —— REVISED PAYMENT 33 MODEL STUDY. The department of health and human services, 34 in consultation with Medicaid provider associations and 35 -43- HF 2698 (4) 90 pf/ko/md 43/ 59
H.F. 2698 stakeholders, shall explore options for a revised payment model 1 for reimbursement of assisted living programs that provide 2 services to Medicaid recipients. The study shall include 3 consideration of all sources of funding utilized by residents 4 of assisted living programs. The department of health and 5 human services shall report all options identified to the 6 general assembly by December 1, 2024. 7 COUNTY COMMISSIONS OF VETERAN AFFAIRS —— APPROPRIATION 8 Sec. 61. Section 35A.16, subsection 1, paragraph b, Code 9 2024, is amended to read as follows: 10 b. There is appropriated from the general fund of the state 11 to the department, for the fiscal year beginning July 1, 2009, 12 and for each subsequent fiscal year, the sum of one million 13 nine hundred ninety thousand dollars to be credited to the 14 county commissions of veteran affairs fund. 15 FOSTER CARE —— RELATIVE OR FICTIVE KIN 16 Sec. 62. Section 234.39, subsection 2, Code 2024, is amended 17 to read as follows: 18 2. a. A person entitled to periodic support payments 19 pursuant to an order or judgment entered in any action for 20 support, who also is or has a child receiving foster care 21 services, is deemed to have assigned to the department 22 current and accruing support payments attributable to the 23 child effective as of the date the child enters foster care 24 placement, to the extent of expenditure of foster care funds. 25 The department shall notify the clerk of the district court 26 when a child entitled to support payments is receiving foster 27 care services pursuant to chapter 234 . Upon notification 28 by the department that a child entitled to periodic support 29 payments is receiving foster care services, the clerk of 30 the district court shall make a notation of the automatic 31 assignment in the judgment docket and lien index. The notation 32 constitutes constructive notice of assignment. The clerk of 33 court shall furnish the department with copies of all orders 34 and decrees awarding support when the child is receiving 35 -44- HF 2698 (4) 90 pf/ko/md 44/ 59
H.F. 2698 foster care services. At the time the child ceases to receive 1 foster care services, the assignment of support shall be 2 automatically terminated. Unpaid support accrued under the 3 assignment of support rights during the time that the child was 4 in foster care remains due to the department up to the amount 5 of unreimbursed foster care funds expended. The department 6 shall notify the clerk of court of the automatic termination 7 of the assignment. Unless otherwise specified in the support 8 order, an equal and proportionate share of any child support 9 awarded shall be presumed to be payable on behalf of each child 10 subject to the order or judgment for purposes of an assignment 11 under this section . 12 b. This subsection shall not apply when a child is placed 13 with a relative or fictive kin as those terms are defined in 14 section 232.2, who is not licensed under chapter 237 to provide 15 child foster care. 16 DIVISION XVII 17 HEALTH CARE EMPLOYMENT AGENCIES AND HEALTH CARE TECHNOLOGY 18 PLATFORMS 19 Sec. 63. Section 135Q.1, Code 2024, is amended to read as 20 follows: 21 135Q.1 Definitions. 22 As used in this chapter , unless the context otherwise 23 requires: 24 1. “Affiliate” means an entity that directly or indirectly 25 is controlled with or by, or is under the common control with, 26 a health care entity. For the purposes of this subsection, 27 “control” means the same as defined in section 423.3, subsection 28 92, paragraph “e” . 29 1. 2. “Department” means the department of inspections, 30 appeals, and licensing. 31 2. 3. a. “Health care employment agency” or “agency” 32 means an agency that contracts with a health care entity 33 in this state to provide agency workers for temporary or 34 temporary-to-hire employee placements. 35 -45- HF 2698 (4) 90 pf/ko/md 45/ 59
H.F. 2698 b. “Health care employment agency” does not include a health 1 care entity or an affiliate of a health care entity when acting 2 as a health care employment agency for the sole purpose of 3 providing agency workers to the health care entity itself or to 4 an affiliate of the health care entity. 5 c. “Health care employment agency” does not include a health 6 care technology platform. 7 3. 4. “Health care employment agency worker” or “agency 8 worker” means an individual who contracts with or is employed by 9 a health care employment agency to provide nursing services to 10 health care entity consumers. 11 4. 5. “Health care entity” means a facility, agency, or 12 program licensed or certified by the department or by the 13 centers for Medicare and Medicaid services of the United States 14 department of health and human services. 15 6. “Health care technology platform” or “platform” includes 16 an individual, a trust, a partnership, a corporation, a limited 17 liability partnership or company, or any other business entity 18 that develops and operates, offers, or maintains a system or 19 technology that provides an internet-based or application-based 20 marketplace through which an independent nursing services 21 professional bids on open shifts posted by a health care entity 22 to provide nursing services for the health care entity. 23 7. “Independent nursing services professional” means a person 24 engaged as an independent contractor through a health care 25 technology platform to provide nursing services for a health 26 care entity. An independent nursing services professional 27 shall be considered an independent contractor provided the 28 independent nursing services professional in the independent 29 nursing services professional’s sole discretion bids on open 30 shifts and chooses where, when, and how often to work. 31 8. “Individual agency worker category” includes registered 32 nurses, licensed practical nurses, certified nurse aides, 33 certified medication aides, home health aides, medication 34 managers, and noncertified or nonlicensed staff providing 35 -46- HF 2698 (4) 90 pf/ko/md 46/ 59
H.F. 2698 personal care as defined in section 231C.2 who are health care 1 employment agency workers. 2 5. 9. “Managing entity” means a business entity, 3 owner, ownership group, chief executive officer, program 4 administrator, director, or other decision maker whose 5 responsibilities include directing the management or policies 6 of a health care employment agency or a health care technology 7 platform . “Managing entity” includes an individual who, 8 directly or indirectly, holds a beneficial interest in a 9 corporation, partnership, or other business entity that 10 constitutes a managing entity. 11 6. 10. “Nursing services” means those services which may be 12 provided only by or under the supervision of a nurse. “Nursing 13 services” includes services performed by a registered nurse, a 14 licensed practical nurse, a certified nurse aide, a certified 15 medication aide, a home health aide, a medication manager, or 16 by noncertified or nonlicensed staff providing personal care 17 as defined in section 231C.2 . “Nursing services” does not 18 include the practice of nursing by an advanced registered nurse 19 practitioner or an advanced practice registered nurse licensed 20 under chapter 152 or 152E . 21 11. “Nursing services professionals” includes registered 22 nurses, licensed practical nurses, certified nurse aides, 23 certified medication aides, home health aides, medication 24 managers, and noncertified or nonlicensed staff providing 25 personal care as defined in section 231C.2, who are not 26 health care employment agency workers but instead are employed 27 directly by or contract directly with a health care entity. 28 Sec. 64. Section 135Q.2, Code 2024, is amended to read as 29 follows: 30 135Q.2 Health care employment agency requirements —— 31 registration —— liability —— penalties . 32 1. a. A health care employment agency operating in the 33 state shall register annually with the department. Each 34 separate location of a health care employment agency shall 35 -47- HF 2698 (4) 90 pf/ko/md 47/ 59
H.F. 2698 register annually with and pay an annual registration fee of 1 five hundred dollars to the department. The department shall 2 issue each location a separate certification of registration 3 upon approval of registration and payment of the fee. The 4 annual registration fees shall be retained by the department as 5 repayment receipts as defined in section 8.2 . 6 b. A health care employment agency that fails to register 7 with the department as required under this subsection shall be 8 prohibited from contracting with any health care entity in this 9 state. 10 2. A health care employment agency shall do all of the 11 following: 12 a. Ensure that agency workers comply with all applicable 13 requirements relating to the health requirements and 14 qualifications of personnel in health care entity settings. 15 b. Document that each agency worker meets the minimum 16 licensing, certification, training, and health requirements 17 and the continuing education standards for the agency worker’s 18 position in the health care entity setting. 19 c. Maintain records for each agency worker and report, 20 file, or otherwise provide any required documentation to 21 external parties or regulators which would otherwise be the 22 responsibility of the health care entity if the agency worker 23 was directly employed by the health care entity. 24 d. Maintain professional and general liability insurance 25 coverage with minimum per occurrence coverage of one million 26 dollars and aggregate coverage of three million dollars to 27 insure against loss, damage, or expense incident to a claim 28 arising out of the death or injury of any person as the result 29 of negligence or malpractice in the provision of services by 30 the agency or an agency worker. 31 3. a. A health care employment agency shall not do any of 32 the following: 33 (1) Restrict in any manner the employment opportunities 34 of an agency worker by including a noncompete clause in any 35 -48- HF 2698 (4) 90 pf/ko/md 48/ 59
H.F. 2698 contract with an agency worker or health care entity. 1 (2) In any contract with an agency worker or health care 2 entity, require payment of liquidated damages, employment fees, 3 or other compensation if the agency worker is subsequently 4 hired as a permanent employee of the health care entity. 5 b. This subsection shall not apply to a contract between 6 a health care employment agency and an agency worker or a 7 health care entity if the contract meets all of the following 8 criteria: 9 (1) The contract is entered into for the purpose of placing 10 an agency worker the health care employment agency assisted in 11 obtaining authorization to work in the United States. 12 (2) The contract contains an initial duration term of 13 not less than twenty-four months and a total duration term, 14 including any renewals or extensions, of not more than 15 thirty-six months. 16 (3) The contract requires the agency worker to work for 17 a single health care entity for the entire duration of the 18 contract. 19 c. Any contract that violates this subsection shall be 20 unenforceable in court. 21 4. A health care employment agency shall submit a report to 22 the department on a quarterly basis for each health care entity 23 participating in Medicare or Medicaid with whom the agency 24 contracts that includes all of the following by provider type: 25 a. A detailed list of the average amount charged to the 26 health care entity for each individual agency worker category. 27 b. A detailed list of the average amount paid by the agency 28 to agency workers in each individual agency worker category. 29 5. a. A health care employment agency that violates 30 subsection 1 or subsection 2 is subject to denial or revocation 31 of registration for a period of one year and a monetary penalty 32 of five hundred dollars for a first offense and five thousand 33 dollars for each offense thereafter. 34 b. A health care employment agency that violates subsection 35 -49- HF 2698 (4) 90 pf/ko/md 49/ 59
H.F. 2698 3 or that knowingly provides an agency worker who has an 1 illegally or fraudulently obtained or issued diploma, 2 registration, license, certification, or background check to 3 a health care entity is subject to immediate revocation of 4 registration. The department shall notify the agency thirty 5 days in advance of the date of such revocation. 6 c. (1) The managing entity of an agency for which 7 registration has been denied or revoked under this subsection 8 shall not be eligible to apply for or be granted registration 9 for another agency during the two-year period following the 10 date of the denial or revocation. 11 (2) The department shall not approve a new registration 12 or renew an existing registration for any agency for which 13 the managing entity is also the managing entity of an agency 14 for which registration has been denied or revoked during the 15 two-year period in which registration of the violating agency 16 is denied or revoked. 17 6. 5. The department shall establish a system for members 18 of the public to report complaints against an agency or 19 agency worker. The department shall investigate any complaint 20 received and shall report the department’s findings to the 21 complaining party and the agency involved. 22 Sec. 65. NEW SECTION . 135Q.3 Health care technology 23 platform requirements —— registration —— liability. 24 1. a. A health care technology platform operating in 25 the state shall register annually with the department and 26 pay an annual registration fee of five hundred dollars to 27 the department. The department shall issue each health 28 care technology platform a certificate of registration upon 29 approval of registration and payment of the fee. The annual 30 registration fees shall be retained by the department as 31 repayment receipts as defined in section 8.2. 32 b. A health care technology platform that fails to register 33 with the department as required under this subsection shall be 34 prohibited from contracting with any health care entity in this 35 -50- HF 2698 (4) 90 pf/ko/md 50/ 59
H.F. 2698 state. 1 c. A health care technology platform that allows independent 2 nursing services professionals to utilize the platform to bid 3 on open shifts is an authorized agency for purposes of access 4 to the single contact repository. A health care technology 5 platform shall rerun background checks for an independent 6 nursing services professional following two consecutive years 7 of inactivity on the platform by the independent nursing 8 services professional. 9 2. A health care technology platform shall verify that 10 an independent nursing services professional utilizing the 11 platform does all of the following: 12 a. Supplies documentation demonstrating that the independent 13 nursing services professional meets all applicable state 14 requirements and qualifications of personnel in a health care 15 entity setting. 16 b. Meets all applicable minimum state licensing and 17 certification requirements. 18 c. Maintains professional liability insurance coverage with 19 the minimum per occurrence coverage of one million dollars and 20 aggregate coverage of three million dollars to insure against 21 loss, damage, or expense incident to a claim arising out of 22 the death or injury of any person as the result of negligence 23 or malpractice in the provision of services by the independent 24 nursing services professional. 25 3. a. A health care technology platform shall not do any 26 of the following: 27 (1) Restrict in any manner the employment opportunities of 28 an independent nursing services professional by including a 29 noncompete clause in any contract with an independent nursing 30 services professional or health care entity. 31 (2) In any contract with an independent nursing services 32 professional or health care entity, require payment of 33 liquidated damages, employment fees, or other compensation if 34 the independent nursing services professional is subsequently 35 -51- HF 2698 (4) 90 pf/ko/md 51/ 59
H.F. 2698 hired as a permanent employee or is engaged directly as a 1 contractor of the health care entity. 2 b. Any contract that violates this subsection shall be 3 unenforceable in court. 4 4. The department shall establish a system for members 5 of the public to report complaints against a health care 6 technology platform or an independent nursing services 7 professional. The department shall investigate any complaint 8 received and shall report the department’s findings to the 9 complaining party and the health care technology platform 10 involved. 11 Sec. 66. NEW SECTION . 135Q.4 Penalties —— enforcement. 12 1. a. A health care employment agency that violates 13 section 135Q.2, subsection 1 or 4, is subject to an initial 14 monetary penalty of five thousand dollars and shall be provided 15 notification by the department and given a thirty-day grace 16 period in which to comply. 17 b. A health care employment agency that fails to comply 18 following the notification and within the thirty-day grace 19 period under paragraph “a” , shall be subject to a monetary 20 penalty of twenty-five thousand dollars. 21 c. If a health care employment agency fails to comply 22 with paragraph “b” , the health care employment agency shall 23 be subject to an additional monetary penalty of twenty-five 24 thousand dollars, revocation of registration, and denial of 25 subsequent registration for up to three years. 26 2. a. A health care employment agency that violates section 27 135Q.2, subsection 2, or that knowingly provides an agency 28 worker who has an illegally or fraudulently obtained or issued 29 diploma, registration, license, certification, or background 30 check to a health care entity is subject to a monetary penalty 31 of five thousand dollars for each violation. 32 b. If a health care employment agency commits a second or 33 subsequent violation of section 135Q.2, subsection 2, within 34 any three-year period, the health care employment agency shall 35 -52- HF 2698 (4) 90 pf/ko/md 52/ 59
H.F. 2698 be subject to immediate revocation of registration. The 1 department shall notify the agency thirty days in advance of 2 the date of such revocation. 3 3. A health care employment agency that violates section 4 135Q.2, subsection 3, is subject to a monetary penalty of 5 twenty-five thousand dollars for the first violation. If 6 a health care employment agency violates section 135Q.2, 7 subsection 3, a second or subsequent time, the health care 8 employment agency shall be subject to immediate revocation of 9 registration, and shall not be eligible to apply for or be 10 granted registration for the three-year period immediately 11 following the date of revocation. 12 4. a. (1) A health care technology platform that violates 13 section 135Q.3, subsection 1, is subject to an initial 14 monetary penalty of five thousand dollars and shall be provided 15 notification by the department and given a thirty-day grace 16 period in which to comply. 17 (2) A health care technology platform that fails to comply 18 with the notification and within the thirty-day grace period 19 under subparagraph (1) shall be subject to a monetary penalty 20 of twenty-five thousand dollars. 21 (3) If a health care technology platform knowingly fails 22 to comply with subparagraph (2), the health care technology 23 platform shall be subject to an additional monetary penalty of 24 twenty-five thousand dollars, revocation of registration, and 25 denial of subsequent registration for up to three years. 26 b. (1) A health care technology platform that violates 27 section 135Q.3, subsection 2, or that knowingly allows 28 an independent nursing services professional who has an 29 illegally obtained or issued diploma, registration, license, 30 certification, or background check to utilize the platform to 31 bid on a shift for a health care entity is subject to a monetary 32 penalty of five thousand dollars for each violation. 33 (2) If a health care technology platform commits a second or 34 subsequent violation of section 135Q.3, subsection 2, within 35 -53- HF 2698 (4) 90 pf/ko/md 53/ 59
H.F. 2698 any three-year period, the health care technology platform 1 shall be subject to immediate revocation of registration. The 2 department shall notify the health care technology platform 3 thirty days in advance of the date of such revocation. 4 c. (1) A health care technology platform that violates 5 section 135Q.3, subsection 3, is subject to a monetary penalty 6 of twenty-five thousand dollars for the first violation. 7 (2) If a health care technology platform violates section 8 135Q.3, subsection 3, a second or subsequent time, the health 9 care technology platform shall be subject to immediate 10 revocation of registration, and shall not be eligible to apply 11 for or be granted registration for the three-year period 12 immediately following the date of revocation. 13 5. a. The managing entity of an agency for which 14 registration has been denied or revoked under this section 15 shall not be eligible to apply for or be granted registration 16 for another agency during the three-year period following the 17 date of the denial or revocation. 18 b. The department shall not approve a new registration 19 or renew an existing registration for any agency for which 20 the managing entity is also the managing entity of an agency 21 for which registration has been denied or revoked during the 22 three-year period in which registration of the violating agency 23 is denied or revoked. 24 6. a. The managing entity of a health care technology 25 platform for which registration has been denied or revoked 26 under this section shall not be eligible to apply for or 27 be granted registration for another health care technology 28 platform during the two-year period following the date of the 29 denial or revocation. 30 b. The department shall not approve a new registration or 31 renew an existing registration for any health care technology 32 platform for which the managing entity is also the managing 33 entity of a health care technology platform for which 34 registration has been denied or revoked during the two-year 35 -54- HF 2698 (4) 90 pf/ko/md 54/ 59
H.F. 2698 period in which registration of the violating health care 1 technology platform is denied or revoked. 2 7. Any monetary penalties collected under this section 3 shall be retained by the department as repayment receipts as 4 defined in section 8.2. 5 8. The attorney general shall enforce this chapter. 6 Sec. 67. NEW SECTION . 135Q.5 Department annual report. 7 The department shall submit an annual report to the general 8 assembly by January 15, for the immediately preceding fiscal 9 year, that includes a summary of the number of registrations 10 issued and the amount of registration fees collected, the 11 violations of this chapter, the amount of monetary penalties 12 collected, the number of health care employment agencies, 13 health care technology platforms, and managing entities 14 for whom a registration was revoked or denied, and any 15 recommendations for changes to the chapter. 16 Sec. 68. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION XVIII 19 MEDICAL CANNABIDIOL REGISTRATION CARD —— TELEMEDICINE —— 20 PRACTITIONER REQUIREMENTS 21 Sec. 69. Section 124E.3, Code 2024, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 4. A health care practitioner that 24 establishes or maintains a relationship with a patient through 25 the use of telemedicine shall comply with the requirements of 26 653 IAC 13.11(7). 27 DIVISION XIX 28 NURSING FACILITY OVERSIGHT 29 Sec. 70. NEW SECTION . 135C.35C Nursing facilities —— joint 30 training sessions. 31 The department shall semiannually provide joint training 32 sessions for inspectors and nursing facilities to review at 33 least three of the ten most frequently issued federal citations 34 in the state during the immediately preceding calendar year. 35 -55- HF 2698 (4) 90 pf/ko/md 55/ 59
H.F. 2698 The department shall develop a protocol to identify regional 1 citation patterns relating to complaints, standards, and 2 outcomes in the nursing facility inspection process. The 3 department shall include the state long-term care ombudsman, 4 or the state long-term care ombudsman’s designee, and 5 representatives of each nursing facility provider association 6 in the state in the planning process for the joint training 7 sessions. 8 Sec. 71. Section 135C.40, subsection 1, Code 2024, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . d. (1) The department shall establish and 11 maintain a process to review each citation issued for immediate 12 jeopardy or substandard quality of care prior to issuance of 13 final findings under section 135C.40A. Representatives of the 14 nursing facility issued such a citation may participate in 15 the review to provide context and evidence for the department 16 to consider in determining if a final finding of immediate 17 jeopardy or substandard quality of care should be issued. The 18 review shall ensure consistent and accurate application of 19 federal and state inspection protocols and defined regulatory 20 standards. 21 (2) For the purposes of this paragraph: 22 (a) “Immediate jeopardy” means a situation in which the 23 provider’s noncompliance with one or more requirements of 24 participation has caused, or is likely to cause, serious 25 injury, harm, impairment, or death to a resident. 26 (b) “Likely” means probable and reasonably to be expected, 27 and suggests a greater degree of probability than a mere risk, 28 potential, or possibility that a particular event will cause 29 serious injury, harm, impairment, or death to a resident. 30 (c) “Substandard quality of care” means the same as defined 31 in 42 C.F.R. §488.301. 32 DIVISION XX 33 STATE-FUNDED PSYCHIATRY RESIDENCY AND FELLOWSHIP POSITIONS 34 Sec. 72. Section 135.180, Code 2024, is amended to read as 35 -56- HF 2698 (4) 90 pf/ko/md 56/ 59
H.F. 2698 follows: 1 135.180 State-funded psychiatry residency and fellowship 2 program positions —— fund —— appropriations. 3 1. a. The university of Iowa hospitals and clinics shall 4 administer a state-funded psychiatry residency and fellowship 5 program positions for up to nine seven residents and up to two 6 fellows, annually. In addition, a county medical center, and 7 a medical center operating for more than one hundred forty 8 years, that are members of separate health systems, administer 9 psychiatry residency programs, and are located in a county with 10 a population over five hundred thousand shall each administer 11 state-funded psychiatry residency positions for one resident, 12 annually. The university of Iowa hospitals and clinics and the 13 specified medical centers shall expand the their psychiatry 14 residency program programs to provide additional residency 15 positions by providing financial support for residency 16 positions which are in excess of the federal residency cap 17 established by the federal Balanced Budget Act of 1997, Pub. 18 L. No. 105-33. 19 b. The university of Iowa hospitals and clinics and the 20 specified medical centers shall cooperate with the state 21 mental health institutes at Independence and Cherokee, the 22 state resource center at Woodward, the state training school 23 at Eldora, and the Iowa medical and classification center 24 at Oakdale in administering the program the positions . 25 Participating residents and fellows shall complete a portion 26 of their psychiatry training at one of the state mental health 27 institutes, the state resource center, the state training 28 school, or the Iowa medical and classification center at 29 Oakdale. For accreditation-required clinical experiences 30 not available at the state mental health institutes, the 31 state resource center, the state training school, or the Iowa 32 medical and classification center at Oakdale, the residents of 33 the psychiatry residency and fellowship program awarded the 34 residency positions administered by the university of Iowa 35 -57- HF 2698 (4) 90 pf/ko/md 57/ 59
H.F. 2698 hospitals and clinics may utilize clinical rotations at the 1 university of Iowa hospitals and clinics and its affiliates 2 across the state and the residents awarded the residency 3 positions administered by the specified medical centers may 4 utilize clinical rotations at affiliates of such medical 5 centers across the state . 6 2. The university of Iowa hospitals and clinics shall apply 7 to the accreditation council for graduate medical education 8 for approval of nine seven additional residency positions 9 for each class of residents and the psychiatry residency and 10 fellowship program shall award the total number of residency 11 positions approved for each class of residents. The university 12 of Iowa hospitals and clinics shall approve and award up to 13 two fellowship positions annually. The specified medical 14 centers shall apply to the accreditation council for graduate 15 medical education for approval of one additional residency 16 position each for each class of residents and shall award the 17 total number of residency positions approved for each class 18 of residents. Preference in the awarding of residency and 19 fellowship positions shall be given to candidates who are 20 residents of Iowa, attended and earned an undergraduate degree 21 from an Iowa college or university, or attended and earned a 22 medical degree from a medical school in Iowa. 23 3. A psychiatry residency and fellowship program positions 24 fund is created in the state treasury consisting of the moneys 25 appropriated or credited to the fund by law. Notwithstanding 26 section 8.33 , moneys in the fund at the end of each fiscal 27 year shall not revert to any other fund but shall remain in 28 the psychiatry residency and fellowship program positions fund 29 for use in subsequent fiscal years. Moneys in the fund are 30 appropriated to the university of Iowa hospitals and clinics 31 to be used for the purposes of the program this section . For 32 the fiscal years beginning on or after July 1, 2023, there 33 is appropriated from the general fund of the state to the 34 psychiatry residency and fellowship program positions fund one 35 -58- HF 2698 (4) 90 pf/ko/md 58/ 59
H.F. 2698 hundred thousand dollars for each residency position approved 1 and awarded under the program and one hundred fifty thousand 2 dollars for each fellowship position approved and awarded under 3 the program this section . Of the amount appropriated annually 4 from the fund to the university of Iowa hospitals and clinics, 5 the university of Iowa hospitals and clinics shall distribute 6 one hundred thousand dollars to each of the specified medical 7 centers for each residency position approved and awarded. 8 -59- HF 2698 (4) 90 pf/ko/md 59/ 59