Bill Text: IA SF525 | 2011-2012 | 84th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to reforming state and county responsibilities for adult disability services, making appropriations, and including effective date provisions. (Formerly SSB 1077 and SF 481.) Various effective dates; see sections 5, 23, and 62 of bill (see also SF 533, section 151).

Spectrum: Committee Bill

Status: (Passed) 2011-12-31 - END OF 2011 ACTIONS [SF525 Detail]

Download: Iowa-2011-SF525-Amended.html
Senate File 525 - Reprinted SENATE FILE 525 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO SF 481) (SUCCESSOR TO SSB 1077) (As Amended and Passed by the Senate April 20, 2011 ) A BILL FOR An Act relating to reforming state and county responsibilities 1 for adult disability services, making appropriations, and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 525 (4) 84 jp/rj
S.F. 525 Section 1. ADULT DISABILITY SERVICES SYSTEM REDESIGN. 1 1. For the purposes of this section, “disability services” 2 means services and other support available to a person 3 with mental illness or an intellectual disability or other 4 developmental disability. 5 2. It is the intent of the general assembly to redesign the 6 system for adult disability services to implement all of the 7 following: 8 a. Shifting the funding responsibility for the nonfederal 9 share of adult disability services paid for by the Medicaid 10 program, including but not limited to all costs for the state 11 resource centers, from the counties to the state. 12 b. Reorganizing adult disability services not paid for by 13 the Medicaid program to be administered by the counties on 14 a regional basis, providing for the regions to serve as the 15 single point of entry for the adult disability services not 16 funded by the Medicaid program. 17 c. Devising new approaches for addressing the needs for 18 publicly funded services for persons with brain injuries. 19 d. Implementing contracting between the state and the 20 county regions, designating a region to serve as a Medicaid 21 local point of access, and provider of case management 22 or service coordination, service navigation support, and 23 assistance with service intake. The region will determine the 24 Medicaid targeted case management provider for the region. 25 In addition, the region will coordinate and liaison with the 26 department of human services concerning the adult disability 27 services covered by the Medicaid program so that services 28 covered by that program and the region are integrated and 29 coordinated. 30 e. Implementing measures for Medicaid and non-Medicaid 31 services to be provided in the most community-based, least 32 restrictive, and integrated setting appropriate to a consumer’s 33 needs. 34 f. Providing funding in order for the state to assume the 35 -1- SF 525 (4) 84 jp/rj 1/ 6
S.F. 525 nonfederal share of the Medicaid program costs by means of 1 the state retaining the following funding sources currently 2 distributed to the counties for adult disability services: 3 (1) Appropriations made for purposes of the mental health 4 and developmental disabilities community services fund in 5 accordance with section 225C.7. 6 (2) Appropriations made for purposes of the allowed growth 7 factor adjustment as described in sections 331.439 and 426B.5. 8 (3) Appropriations made for the property tax relief fund 9 pursuant to section 426B.1 and replacement generation tax 10 revenues deposited in the fund pursuant to section 437A.15. 11 g. Maintaining the following funding sources for the county 12 regional system: 13 (1) Appropriations made for state cases services under 14 section 331.440, Code 2011. 15 (2) Distribution of the federal social services block grant 16 allocation for local purchase. 17 h. Addressing county property tax funding for adult 18 disability services on a regional basis and revising property 19 taxation for adult disability services to a levy rate that is 20 uniform, adequate, and fair. 21 i. Creating new state funding sources for the following 22 purposes: 23 (1) To serve as an incentive and to defray new 24 administrative costs for reorganizing adult disability services 25 to be administered by counties on a regional basis. 26 (2) For regions to bid to implement demonstration projects 27 to test new evidence-based adult disability services for 28 periods of three to five years. 29 (3) For counties to test innovative approaches for the 30 delivery of adult disability services. 31 j. Providing for the department of human services to work 32 with counties and other stakeholders to identify the core adult 33 disability services to be available in each region and to 34 establish standards for the regional system. 35 -2- SF 525 (4) 84 jp/rj 2/ 6
S.F. 525 k. Addressing the needs of consumers with co-occurring 1 disorders in a manner that is seamless to the consumers. 2 l. Replacing legal settlement as the basis for determining 3 financial responsibility for publicly funded disability 4 services by determining responsibility based upon residency. 5 3. Beginning on the effective date of this Act and 6 continuing through the fiscal year beginning July 1, 2011, the 7 department of human services shall consult with a stakeholder 8 group formed by the department in developing a plan and 9 implementation provisions for a system for adults in need 10 of publicly funded disability services and related support, 11 proposing but not limited to all of the following: 12 a. Identifying clear definitions and requirements for the 13 following: 14 (1) Eligibility criteria for the individual to be served. 15 (2) The array of core services and other support to be 16 included in regional adult disability services plans and to be 17 delivered based on individual needs and medical necessity. 18 (3) Outcome measures, including but not limited to measures 19 addressing individual choice, empowerment, and community. 20 (4) Quality assurance measures. 21 (5) Provider accreditation, certification, or licensure 22 requirements to ensure high quality services while avoiding 23 unreasonable expectations and duplicative surveys. 24 (6) A process to evaluate and resolve workforce shortage 25 issues. 26 (7) Input in regional service plans and delivery provisions 27 by consumer and provider representatives. 28 (8) A process for representatives of the regional system 29 to regularly engage the department in resolving Medicaid and 30 non-Medicaid issues involving documentation requirements, 31 electronic records, reimbursement methodologies, and other 32 measures to improve the services and other support available 33 to consumers. 34 b. Incorporating strategies to allow individuals to receive 35 -3- SF 525 (4) 84 jp/rj 3/ 6
S.F. 525 services in accordance with the principles established in 1 Olmstead v. L.C., 527 U.S. 581 (1999), in order for services to 2 be provided in the most community-based, least restrictive, and 3 integrated setting appropriate to an individual’s needs. 4 c. Continuing the department’s leadership role in the 5 Medicaid program in defining services covered, establishing 6 reimbursement methodologies, providing other administrative 7 functions, and expanding the program to incorporate the 8 opportunities provided by the federal Patient Protection and 9 Affordable Care Act, Pub. L. No. 111-148. 10 d. Implementing mental health crisis response services 11 statewide in a manner determined to be most appropriate by each 12 region. 13 e. Implementing a subacute level of care to provide 14 short-term mental health services in a structured residential 15 setting that supplies a less intensive level of care than is 16 supplied by acute psychiatric services. 17 f. Identifying new approaches for addressing the needs for 18 publicly funded services for persons with brain injury. 19 g. With the department of public health, providing 20 approaches for addressing the needs of consumers with 21 co-occurring substance abuse and mental health disorders in a 22 manner that is seamless to the consumers. 23 h. Designating measures for the redesigned system to 24 address the needs of children with mental, behavioral, or 25 emotional disorders. 26 4. a. The target date for full implementation of the 27 plan and implementation provisions described in subsections 28 2 and 3 shall be July 1, 2013, provided, however, that any 29 expansion of services is subject to available funding. The 30 plan and implementation provisions shall be submitted to 31 the governor and general assembly on or before December 15, 32 2011. A progress update providing preliminary recommendations 33 delineating the major responsibilities of the department 34 and regions, the relationship of Medicaid funded services 35 -4- SF 525 (4) 84 jp/rj 4/ 6
S.F. 525 to non-Medicaid services, and the funding needs of regions 1 shall be submitted to the members of the joint appropriations 2 subcommittee on health and human services and the legislative 3 services agency in October 2011. 4 b. The initial plan and implementation provisions shall 5 recommend detailed core services and criteria provisions for 6 counties to affiliate with a regional entity to be organized 7 by the affiliating counties under chapter 28E. Following 8 enactment of the core services and regional criteria, if a 9 county has not formally agreed to affiliate with a regional 10 entity by July 1, 2012, the county’s regional affiliation 11 shall be determined by the department. The regional criteria 12 considered for recommendation shall include but are not limited 13 to all of the following: 14 (1) Requiring the region to consist of contiguous counties 15 adjoining one of the following urban areas: Ames, Cedar 16 Rapids, Council Bluffs, Davenport, Des Moines, Iowa City, Sioux 17 City, or Waterloo. 18 (2) Evaluating a proposed region’s capacity for providing 19 core services and performing required functions. 20 (3) Requiring the region to encompass at least one community 21 mental health center or federally qualified health center with 22 providers qualified to provide psychiatric services, either 23 directly or with assistance from psychiatric consultants, that 24 has the capacity to provide outpatient services for the region 25 and has provided evidence of a commitment to provide outpatient 26 services for the region. 27 (4) Requiring the region to encompass or have reasonably 28 close proximity to a hospital with an inpatient psychiatric 29 unit or state mental health institute, that has the capacity 30 to provide inpatient services for the region and has provided 31 evidence of a commitment to provide inpatient services for the 32 region. 33 (5) Requiring the administrative structure utilized by 34 a region to have clear lines of accountability and to serve 35 -5- SF 525 (4) 84 jp/rj 5/ 6
S.F. 525 as a lead agency with shared county staff or other means of 1 limiting administrative costs to not more than five percent of 2 expenditures. 3 5. The legislative council is requested to authorize a 4 legislative interim study committee to meet during the 2011 5 legislative interim and assist with the adult disability 6 services system redesign addressed by this Act, to make 7 recommendations for implementing county disability services 8 levy changes to support adult disability services regions with 9 levies that are uniform, adequate, and fair, and to consider 10 statutory amendments necessary for implementation of the system 11 redesign. 12 Sec. 2. DEPARTMENT OF HUMAN SERVICES. There is appropriated 13 from the general fund of the state to the department of human 14 services for the fiscal year beginning July 1, 2010, and ending 15 June 30, 2011, the following amount, or so much thereof as is 16 necessary, to be used for the purposes designated: 17 For planning costs associated with implementation of this 18 Act: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 20 Notwithstanding section 8.33, moneys appropriated in this 21 section that remain unencumbered or unobligated at the close of 22 the fiscal year shall not revert but shall remain available for 23 expenditure for the purposes designated until the close of the 24 succeeding fiscal year. 25 Sec. 3. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 26 immediate importance, takes effect upon enactment. 27 -6- SF 525 (4) 84 jp/rj 6/ 6
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