Senate
File
2118
-
Introduced
SENATE
FILE
2118
BY
KINNEY
A
BILL
FOR
An
Act
relating
to
mental
health
and
disability
services
funds
1
to
establish
county-controlled
accounts
for
administrative
2
expenses
and
increase
the
amount
mental
health
and
3
disability
services
funds
may
carryforward.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
225C.7A,
subsection
5,
Code
2022,
is
1
amended
to
read
as
follows:
2
5.
Regional
service
payments
received
by
a
region
3
shall
be
deposited
in
the
region’s
combined
account
under
4
section
331.391
and
used
solely
for
providing
mental
health
5
and
disability
services
under
the
regional
service
system
6
management
plan
,
or
deposited
into
county
administrative
funds,
7
as
defined
in
section
331.391,
subsection
1,
paragraph
“b”
,
8
for
the
payment
of
employees
performing
duties
related
to
the
9
mental
health
and
disability
services
system.
A
regional
10
administrator
shall
have
the
authority
to
transfer
moneys
from
11
the
region’s
combined
account
.
12
Sec.
2.
Section
225C.7A,
subsection
7,
paragraph
b,
Code
13
2022,
is
amended
to
read
as
follows:
14
b.
For
the
fiscal
year
years
beginning
on
or
after
July
15
1,
2022,
each
mental
health
and
disability
services
region
16
for
which
the
amount
certified
during
the
fiscal
year
under
17
section
331.391,
subsection
4
,
paragraph
“b”
,
exceeds
twenty
18
twenty-five
percent
of
the
actual
expenditures
of
the
region
19
for
the
fiscal
year
preceding
the
fiscal
year
in
progress,
the
20
remaining
quarterly
payments
of
the
region’s
regional
service
21
payment
shall
be
reduced
by
an
amount
equal
to
the
amount
by
22
which
the
region’s
amount
certified
under
section
331.391,
23
subsection
4
,
paragraph
“b”
,
exceeds
twenty
twenty-five
percent
24
of
the
actual
expenditures
of
the
region
for
the
fiscal
year
25
preceding
the
fiscal
year
in
progress,
but
the
amount
of
the
26
reduction
shall
not
exceed
the
total
amount
of
the
region’s
27
regional
service
payment
for
the
fiscal
year.
If
the
region’s
28
remaining
quarterly
payments
are
insufficient
to
effectuate
29
the
required
reductions
under
this
paragraph,
the
region
is
30
required
to
pay
to
the
department
of
human
services
any
amount
31
for
which
the
reduction
in
quarterly
payments
could
not
be
32
made.
The
amount
of
reductions
to
quarterly
payments
and
33
amounts
paid
to
the
department
under
this
paragraph
shall
be
34
transferred
and
credited
to
the
region
incentive
fund
under
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subsection
8
.
1
Sec.
3.
Section
225C.7A,
subsection
7,
paragraph
c,
Code
2
2022,
is
amended
by
striking
the
paragraph.
3
Sec.
4.
Section
225C.7A,
subsection
8,
paragraph
c,
4
subparagraph
(2),
subparagraph
division
(b),
subparagraph
5
subdivision
(ii),
Code
2022,
is
amended
to
read
as
follows:
6
(ii)
For
applications
for
the
fiscal
year
years
beginning
on
7
or
after
July
1,
2022,
twenty
twenty-five
percent
of
the
actual
8
expenditures
of
the
mental
health
and
disability
services
9
region
for
the
fiscal
year
that
commenced
two
years
prior
to
10
the
fiscal
year
of
application
for
assistance.
11
Sec.
5.
Section
225C.7A,
subsection
8,
paragraph
c,
12
subparagraph
(2),
subparagraph
division
(b),
subparagraph
13
subdivision
(iii),
Code
2022,
is
amended
by
striking
the
14
subparagraph
subdivision.
15
Sec.
6.
Section
331.391,
subsections
1
and
3,
Code
2022,
are
16
amended
to
read
as
follows:
17
1.
a.
The
funding
under
the
control
of
the
governing
board
18
shall
be
maintained
in
a
combined
account.
A
county
exempted
19
under
section
331.389,
subsection
1
,
shall
maintain
a
county
20
mental
health
and
disability
services
fund
for
the
deposit
21
of
funding
received
under
section
225C.7A
and
appropriations
22
specifically
authorized
to
be
made
from
the
county
mental
23
health
and
disability
services
fund
shall
not
be
made
from
24
any
other
fund
of
the
county.
A
county
mental
health
and
25
disability
services
fund
established
by
an
exempt
county,
to
26
the
extent
feasible,
shall
be
considered
to
be
the
same
as
27
a
region
combined
account
and
shall
be
subject
to
the
same
28
requirements
as
a
region’s
combined
account
including
expenses
29
payable
from
county
administrative
funds
pursuant
to
paragraph
30
“b”
.
31
b.
The
funding
received
pursuant
to
section
225C.7A,
32
subsection
5,
and
under
the
control
of
a
board
of
supervisors
33
shall
be
maintained
in
a
county
administrative
fund.
Moneys
in
34
a
county
administrative
fund
shall
only
be
used
for
the
payment
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of
county
employees
performing
duties
related
to
the
mental
1
health
and
disability
services
system.
2
3.
The
funding
provided
pursuant
to
appropriations
from
the
3
mental
health
and
disability
services
regional
service
fund
4
created
in
section
225C.7A
and
from
performance-based
contracts
5
with
the
department
shall
be
credited
to
the
account
under
the
6
control
of
the
governing
board
or
account
under
the
control
of
7
a
board
of
supervisors
.
8
Sec.
7.
Section
331.391,
subsection
4,
paragraphs
b
and
c,
9
Code
2022,
are
amended
to
read
as
follows:
10
b.
Each
region
shall
certify
to
the
department
of
human
11
services
on
or
before
December
1,
2021,
and
each
December
1
12
thereafter,
the
aggregate
amount
of
the
region’s
cash
flow
13
amount
in
the
combined
account
and
each
county
administrative
14
account
at
the
conclusion
of
the
most
recently
completed
fiscal
15
year.
16
c.
For
fiscal
years
beginning
on
or
after
July
1,
2023,
the
17
region’s
cash
flow
amount
shall
not
exceed
five
twenty-five
18
percent
of
the
aggregate
actual
expenditures
from
the
combined
19
account
and
each
county
administrative
account
for
the
fiscal
20
year
preceding
the
fiscal
year
in
progress.
21
Sec.
8.
Section
331.432,
subsection
3,
paragraph
b,
Code
22
2022,
is
amended
to
read
as
follows:
23
b.
Payments
or
transfers
of
moneys
from
any
fund
of
the
24
county
to
a
mental
health
and
disability
services
region’s
25
combined
account
under
section
331.391
are
prohibited.
This
26
paragraph
applies
to
fiscal
years
beginning
on
or
after
July
27
1,
2022,
but
does
not
apply
to
transfers
from
a
county
public
28
hospital
fund
under
section
347.7
for
the
fiscal
year
beginning
29
July
1,
2022,
or
the
fiscal
year
beginning
July
1,
2023
,
or
a
30
county
administrative
fund
under
section
331.391,
subsection
31
1,
paragraph
“b”
.
32
Sec.
9.
2021
Iowa
Acts,
chapter
177,
section
107,
is
amended
33
to
read
as
follows:
34
SEC.
107.
DEPARTMENT
OF
HUMAN
SERVICES
——
MENTAL
HEALTH
AND
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DISABILITY
REGIONS
STUDY.
The
department
of
human
services
1
shall
convene
a
study
committee
to
evaluate
the
current
mental
2
health
and
disability
region
structure
and
operations
in
the
3
context
of
the
changes
made
and
the
funding
provided
by
this
4
division
of
this
Act.
The
study
shall,
at
a
minimum,
use
5
data-driven
and
outcome-based
decision
making
to
identify
6
and
recommend
modifications
to
required
core
services
for
7
regions,
and
review
how
effectively
each
mental
health
and
8
disability
services
region
has
implemented
the
core
services
9
outlined
in
sections
331.397
and
331.397A
,
including
the
10
degree
of
uniformity
of
the
core
services
between
the
regions.
11
The
study
committee
membership
shall
include,
at
a
minimum,
12
a
representative
from
each
mental
health
and
disability
13
services
region
as
the
chief
executive
officer
of
each
region
14
designates.
The
department
shall
be
authorized
to
contract
15
with
and
retain
the
services
of
an
independent
contractor
in
16
order
to
conduct
the
study.
The
department
shall
submit
a
17
report
detailing
the
study’s
findings
and
recommendations
to
18
the
general
assembly
and
the
governor
no
later
than
December
19
15,
2022.
20
Sec.
10.
EFFECTIVE
DATE.
The
following,
being
deemed
of
21
immediate
importance,
takes
effect
upon
enactment:
22
The
section
of
this
Act
amending
2021
Iowa
Acts,
chapter
177,
23
section
107.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
mental
health
and
disability
28
services
funds
to
establish
county-controlled
accounts
for
29
administrative
expenses
and
increase
the
amount
mental
health
30
and
disability
services
funds
may
carryforward.
31
The
mental
health
and
disability
services
(MHDS)
system
is
a
32
system
of
14
separate
regional
service
areas
consisting
of
one
33
or
more
counties
that
work
together
to
provide
services
related
34
to
mental
health
and
disabilities
to
people
within
those
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regions.
Under
current
law,
a
county
may
use
a
county
mental
1
health
and
disabilities
services
fund
(county
services
fund)
2
in
order
to
pay
for
MHDS-related
expenses.
At
the
conclusion
3
of
fiscal
year
2021-2022,
the
counties
will
be
required
to
4
transfer
any
remaining
amounts
in
their
county
services
funds
5
to
a
combined
regional
account.
6
The
bill
establishes
county
administrative
funds
that
will
7
be
controlled
by
a
county’s
board
of
supervisors
and
used
8
solely
for
the
payment
of
county
employees
performing
duties
9
related
to
the
mental
health
and
disability
services
system.
10
The
bill
allows
the
regional
administrator
to
transfer
funds
11
received
by
a
region
into
a
county
administrative
fund
or
from
12
an
MHDS
regional
combined
account
into
a
county
administrative
13
fund
after
June
30,
2022.
14
The
bill
provides
that,
for
the
fiscal
years
beginning
on
15
or
after
July
1,
2022,
an
MHDS
region’s
payments
from
the
16
state
will
be
reduced
by
the
amount
the
region’s
combined
17
fund
exceeds
25
percent
of
its
actual
expenditures
from
the
18
aggregate
of
the
region’s
combined
account
and
county
services
19
funds.
Under
current
law,
for
the
fiscal
year
beginning
July
20
1,
2022,
state
payments
to
regional
accounts
will
be
reduced
21
by
the
amount
that
a
region’s
combined
fund
exceeds
20
percent
22
of
the
region’s
actual
expenditures,
and
for
fiscal
years
23
beginning
July
1,
2023,
and
after,
state
payments
to
regional
24
accounts
will
be
reduced
by
the
amount
that
a
region’s
combined
25
fund
exceeds
5
percent
of
the
region’s
actual
expenditures.
26
The
bill
provides
that
a
region
will
remain
eligible
to
27
receive
funding
from
the
state’s
region
incentive
fund
within
28
the
state
MHDS
regional
service
fund,
assuming
all
other
29
criteria
are
met,
if,
beginning
in
fiscal
year
2022-2023,
the
30
region’s
expenditures
do
not
exceed
25
percent
of
the
aggregate
31
amounts
in
the
region’s
combined
account
and
county
services
32
funds.
Under
current
law,
for
a
region
to
be
eligible
for
33
additional
region
incentive
fund
moneys,
and
assuming
other
34
criteria
are
met,
for
the
fiscal
year
beginning
July
1,
2022,
a
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region
may
not
have
funds
in
the
region’s
combined
account
in
1
excess
of
20
percent
of
the
region’s
actual
expenditures,
and
2
in
all
fiscal
years
beginning
July
1,
2023,
and
after,
a
region
3
may
not
have
funds
in
the
region’s
combined
account
in
excess
4
of
5
percent
of
the
region’s
actual
expenditures.
5
The
bill
allows
a
county
administrative
fund
to
transfer
6
funds
into
an
MHDS
regional
combined
account.
7
The
bill
provides
that
the
scope
of
a
study
committee
8
created
by
2021
Iowa
Acts,
chapter
177,
section
107,
shall
9
also
include
the
use
of
data-driven
and
outcome-based
decision
10
making
to
identify
and
recommend
modifications
to
required
11
core
services
for
MHDS
regions.
The
bill
also
provides
that
12
the
study
committee
membership
shall
include,
at
a
minimum,
13
a
representative
from
each
mental
health
and
disability
14
services
region
as
the
chief
executive
officer
of
each
region
15
designates.
The
changes
to
the
MHDS
study
committee
are
16
effective
upon
enactment.
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