Bill Text: IA SSB3222 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to appropriations for health and human services and veterans and including other related provisions and appropriations, providing penalties, and including effective date and retroactive and other applicability date provisions.

Spectrum: Committee Bill

Status: (N/A - Dead) 2018-05-03 - NOBA: Senate Sub [SSB3222 Detail]

Download: Iowa-2017-SSB3222-Introduced.html
Senate Study Bill 3222 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON SCHNEIDER) A BILL FOR An Act relating to appropriations for health and human 1 services and veterans and including other related provisions 2 and appropriations, providing penalties, and including 3 effective date and retroactive and other applicability date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5031XC (11) 87 pf/rn
S.F. _____ DIVISION I 1 DEPARTMENT ON AGING —— FY 2018-2019 2 Section 1. 2017 Iowa Acts, chapter 174, section 40, 3 unnumbered paragraphs 1 and 2, are amended to read as follows: 4 There is appropriated from the general fund of the state 5 to the department on aging for the fiscal year beginning July 6 1, 2018, and ending June 30, 2019, the following amount, or 7 so much thereof as is necessary, to be used for the purposes 8 designated: 9 For aging programs for the department on aging and area 10 agencies on aging to provide citizens of Iowa who are 60 years 11 of age and older with case management for frail elders, Iowa’s 12 aging and disabilities resource center, and other services 13 which may include but are not limited to adult day services, 14 respite care, chore services, information and assistance, 15 and material aid, for information and options counseling for 16 persons with disabilities who are 18 years of age or older, 17 and for salaries, support, administration, maintenance, and 18 miscellaneous purposes, and for not more than the following 19 full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,521,238 21 11,042,924 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 23 Sec. 2. 2017 Iowa Acts, chapter 174, section 40, subsections 24 2, 4, 5, 6, and 7, are amended to read as follows: 25 2. Of the funds appropriated in this section, $139,973 26 $279,946 is transferred to the economic development authority 27 for the Iowa commission on volunteer services to be used for 28 the retired and senior volunteer program. 29 4. Of the funds appropriated in this section, at least 30 $125,000 $250,000 shall be used to fund the unmet needs 31 identified through Iowa’s aging and disability resource center 32 network. 33 5. Of the funds appropriated in this section, at 34 least $300,000 $600,000 shall be used to fund home and 35 -1- LSB 5031XC (11) 87 pf/rn 1/ 120
S.F. _____ community-based services through the area agencies on aging 1 that enable older individuals to avoid more costly utilization 2 of residential or institutional services and remain in their 3 own homes. 4 6. Of the funds appropriated in this section, $406,268 5 $812,537 shall be used for the purposes of chapter 231E and 6 section 231.56A , of which $175,000 shall be used for the office 7 of substitute decision maker pursuant to chapter 231E , and the 8 remainder shall be distributed equally to the area agencies on 9 aging to administer the prevention of elder abuse, neglect, and 10 exploitation program pursuant to section 231.56A , in accordance 11 with the requirements of the federal Older Americans Act of 12 1965, 42 U.S.C. §3001 et seq., as amended. 13 7. Of the funds appropriated in this section, $375,000 14 $1,000,000 shall be used to fund continuation of the aging 15 and disability resource center lifelong links to provide 16 individuals and caregivers with information and services to 17 plan for and maintain independence. 18 Sec. 3. 2017 Iowa Acts, chapter 174, section 40, subsection 19 8, is amended by striking the subsection. 20 Sec. 4. 2017 Iowa Acts, chapter 174, section 40, is amended 21 by adding the following new subsection: 22 NEW SUBSECTION . 9. Of the funds appropriated in this 23 section, $100,000 shall be used by the department on aging, 24 in collaboration with the department of human services and 25 affected stakeholders, to design a pilot initiative to provide 26 long-term care options counseling utilizing support planning 27 protocols, to assist non-Medicaid eligible consumers who 28 indicate a preference to return to the community and are 29 deemed appropriate for discharge, to return to their community 30 following a nursing facility stay. The department on aging 31 shall submit the design plan as well as recommendations for 32 legislation necessary to administer the initiative, including 33 but not limited to legislation to allow the exchange of contact 34 information for nursing facility residents appropriate for 35 -2- LSB 5031XC (11) 87 pf/rn 2/ 120
S.F. _____ discharge planning, to the governor and the general assembly by 1 December 15, 2018. 2 DIVISION II 3 OFFICE OF LONG-TERM CARE OMBUDSMAN —— FY 2018-2019 4 Sec. 5. 2017 Iowa Acts, chapter 174, section 41, is amended 5 to read as follows: 6 SEC. 41. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is 7 appropriated from the general fund of the state to the office 8 of long-term care ombudsman for the fiscal year beginning July 9 1, 2018, and ending June 30, 2019, the following amount, or 10 so much thereof as is necessary, to be used for the purposes 11 designated: 12 For salaries, support, administration, maintenance, and 13 miscellaneous purposes, and for not more than the following 14 full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 580,140 16 1,149,821 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 16.00 18 DIVISION III 19 DEPARTMENT OF PUBLIC HEALTH —— FY 2018-2019 20 Sec. 6. 2017 Iowa Acts, chapter 174, section 42, subsections 21 1, 2, 3, 4, 5, 6, 7, and 8, are amended to read as follows: 22 1. ADDICTIVE DISORDERS 23 For reducing the prevalence of the use of tobacco, alcohol, 24 and other drugs, and treating individuals affected by addictive 25 behaviors, including gambling, and for not more than the 26 following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,492,915 28 24,804,344 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.00 30 11.00 31 a. (1) Of the funds appropriated in this subsection, 32 $2,010,612 $4,021,225 shall be used for the tobacco use 33 prevention and control initiative, including efforts at the 34 state and local levels, as provided in chapter 142A . The 35 -3- LSB 5031XC (11) 87 pf/rn 3/ 120
S.F. _____ commission on tobacco use prevention and control established 1 pursuant to section 142A.3 shall advise the director of 2 public health in prioritizing funding needs and the allocation 3 of moneys appropriated for the programs and initiatives. 4 Activities of the programs and initiatives shall be in 5 alignment with the United States centers for disease control 6 and prevention best practices for comprehensive tobacco control 7 programs that include the goals of preventing youth initiation 8 of tobacco usage, reducing exposure to secondhand smoke, 9 and promotion of tobacco cessation. To maximize resources, 10 the department shall determine if third-party sources are 11 available to instead provide nicotine replacement products 12 to an applicant prior to provision of such products to an 13 applicant under the initiative. The department shall track and 14 report to the individuals specified in this Act, any reduction 15 in the provision of nicotine replacement products realized 16 by the initiative through implementation of the prerequisite 17 screening. 18 (2) (a) The department shall collaborate with the 19 alcoholic beverages division of the department of commerce for 20 enforcement of tobacco laws, regulations, and ordinances and to 21 engage in tobacco control activities approved by the division 22 of tobacco use prevention and control of the department of 23 public health as specified in the memorandum of understanding 24 entered into between the divisions. 25 (b) For the fiscal year beginning July 1, 2018, and ending 26 June 30, 2019, the terms of the memorandum of understanding, 27 entered into between the division of tobacco use prevention 28 and control of the department of public health and the 29 alcoholic beverages division of the department of commerce, 30 governing compliance checks conducted to ensure licensed retail 31 tobacco outlet conformity with tobacco laws, regulations, and 32 ordinances relating to persons under 18 years of age, shall 33 continue to restrict the number of such checks to one check per 34 retail outlet, and one additional check for any retail outlet 35 -4- LSB 5031XC (11) 87 pf/rn 4/ 120
S.F. _____ found to be in violation during the first check. 1 b. Of the funds appropriated in this subsection, 2 $10,482,303 $20,783,119 shall be used for problem gambling and 3 substance-related disorder prevention, treatment, and recovery 4 services, including a 24-hour helpline, public information 5 resources, professional training, youth prevention, and program 6 evaluation. 7 c. The requirement of section 123.17, subsection 5 , is met 8 by the appropriations and allocations made in this division of 9 this Act for purposes of substance-related disorder treatment 10 and addictive disorders for the fiscal year beginning July 1, 11 2018. 12 d. The department of public health, in collaboration with 13 the department of human services, shall engage a stakeholder 14 workgroup to review reimbursement provisions applicable 15 to substance use disorder services providers. The issues 16 considered by the workgroup shall include but are not limited 17 to the adequacy of reimbursement provisions including for 18 both outpatient and residential treatment, whether it is 19 appropriate to rebase reimbursement, whether there is equity in 20 reimbursement compared to the reimbursement methodologies used 21 for providers of similar behavioral health services, and access 22 to substance use disorder services providers including whether 23 the designated number of community mental health centers in the 24 state is sufficient. The workgroup shall review the reports 25 of previous workgroups including those authorized in 2014 Iowa 26 Acts, chapter 1140, section 3, subsection 1, and shall report 27 the workgroup’s findings and recommendations to the general 28 assembly on or before December 15, 2018. 29 2. HEALTHY CHILDREN AND FAMILIES 30 For promoting the optimum health status for children, 31 adolescents from birth through 21 years of age, and families, 32 and for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,662,816 35 -5- LSB 5031XC (11) 87 pf/rn 5/ 120
S.F. _____ 5,820,625 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.00 2 a. Of the funds appropriated in this subsection, not 3 more than $367,420 $734,841 shall be used for the healthy 4 opportunities for parents to experience success (HOPES)-healthy 5 families Iowa (HFI) program established pursuant to section 6 135.106 . The funding shall be distributed to renew the grants 7 that were provided to the grantees that operated the program 8 during the fiscal year ending June 30, 2018. 9 b. In order to implement the legislative intent stated in 10 sections 135.106 and 256I.9 , that priority for home visitation 11 program funding be given to programs using evidence-based or 12 promising models for home visitation, it is the intent of the 13 general assembly to phase in the funding priority in accordance 14 with 2012 Iowa Acts, chapter 1133, section 2, subsection 2, 15 paragraph “0b” . 16 c. Of the funds appropriated in this subsection, $1,537,550 17 $3,075,101 shall be used for continuation of the department’s 18 initiative to provide for adequate developmental surveillance 19 and screening during a child’s first five years. The funds 20 shall be used first to fully fund the current sites to ensure 21 that the sites are fully operational, with the remaining 22 funds to be used for expansion to additional sites. The full 23 implementation and expansion shall include enhancing the scope 24 of the initiative through collaboration with the child health 25 specialty clinics to promote healthy child development through 26 early identification and response to both biomedical and social 27 determinants of healthy development; by monitoring child 28 health metrics to inform practice, document long-term health 29 impacts and savings, and provide for continuous improvement 30 through training, education, and evaluation; and by providing 31 for practitioner consultation particularly for children with 32 behavioral conditions and needs. The department of public 33 health shall also collaborate with the Iowa Medicaid enterprise 34 and the child health specialty clinics to integrate the 35 -6- LSB 5031XC (11) 87 pf/rn 6/ 120
S.F. _____ activities of the first five initiative into the establishment 1 of patient-centered medical homes, community utilities, 2 accountable care organizations, and other integrated care 3 models developed to improve health quality and population 4 health while reducing health care costs. To the maximum extent 5 possible, funding allocated in this paragraph shall be utilized 6 as matching funds for medical assistance program reimbursement. 7 d. Of the funds appropriated in this subsection, $32,320 8 $64,640 shall be distributed to a statewide dental carrier to 9 provide funds to continue the donated dental services program 10 patterned after the projects developed by the lifeline network 11 to provide dental services to indigent individuals who are 12 elderly or with disabilities. 13 e. Of the funds appropriated in this subsection, $78,241 14 $156,482 shall be used to provide audiological services and 15 hearing aids for children. The department may enter into a 16 contract to administer this paragraph. 17 f. Of the funds appropriated in this subsection, $11,500 18 $23,000 is transferred to the university of Iowa college of 19 dentistry for provision of primary dental services to children. 20 State funds shall be matched on a dollar-for-dollar basis. 21 The university of Iowa college of dentistry shall coordinate 22 efforts with the department of public health, bureau of 23 oral and health delivery systems, to provide dental care to 24 underserved populations throughout the state. 25 g. Of the funds appropriated in this subsection, $25,000 26 $50,000 shall be used to address youth suicide prevention. 27 h. Of the funds appropriated in this subsection, $20,255 28 $40,511 shall be used to support the Iowa effort to address the 29 survey of children who experience adverse childhood experiences 30 known as ACEs. 31 i. The department of public health shall continue to 32 administer the program to assist parents in this state with 33 costs resulting from the death of a child in accordance with 34 the provisions of 2014 Iowa Acts, chapter 1140, section 22, 35 -7- LSB 5031XC (11) 87 pf/rn 7/ 120
S.F. _____ subsection 12 . 1 j. Of the funds appropriated in this subsection, up to 2 $494,993 shall be used for childhood obesity prevention. 3 3. CHRONIC CONDITIONS 4 For serving individuals identified as having chronic 5 conditions or special health care needs, and for not more than 6 the following full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,085,375 8 4,528,109 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 5.00 10 9.00 11 a. Of the funds appropriated in this subsection, $76,877 12 $153,755 shall be used for grants to individual patients who 13 have an inherited metabolic disorder to assist with the costs 14 of medically necessary foods and formula. 15 b. Of the funds appropriated in this subsection, $510,397 16 $1,055,291 shall be used for the brain injury services program 17 pursuant to section 135.22B , including for contracting with an 18 existing nationally affiliated and statewide organization whose 19 purpose is to educate, serve, and support Iowans with brain 20 injury and their families for resource facilitator services 21 in accordance with section 135.22B, subsection 9 , and for 22 contracting to enhance brain injury training and recruitment 23 of service providers on a statewide basis. Of the amount 24 allocated in this paragraph, $47,500 $95,000 shall be used to 25 fund one full-time equivalent position to serve as the state 26 brain injury services program manager. 27 c. Of the funds appropriated in this subsection, $72,048 28 $144,097 shall be used for the public purpose of continuing 29 to contract with an existing national-affiliated organization 30 to provide education, client-centered programs, and client 31 and family support for people living with epilepsy and their 32 families. The amount allocated in this paragraph in excess 33 of $50,000 $100,000 shall be matched dollar-for-dollar by the 34 organization specified. 35 -8- LSB 5031XC (11) 87 pf/rn 8/ 120
S.F. _____ d. Of the funds appropriated in this subsection, $404,775 1 $809,550 shall be used for child health specialty clinics. 2 e. Of the funds appropriated in this subsection, 3 $192,276 $384,552 shall be used by the regional autism 4 assistance program established pursuant to section 256.35 , 5 and administered by the child health specialty clinic located 6 at the university of Iowa hospitals and clinics. The funds 7 shall be used to enhance interagency collaboration and 8 coordination of educational, medical, and other human services 9 for persons with autism, their families, and providers of 10 services, including delivering regionalized services of care 11 coordination, family navigation, and integration of services 12 through the statewide system of regional child health specialty 13 clinics and fulfilling other requirements as specified in 14 chapter 225D . The university of Iowa shall not receive funds 15 allocated under this paragraph for indirect costs associated 16 with the regional autism assistance program. 17 f. Of the funds appropriated in this subsection, $288,687 18 $577,375 shall be used for the comprehensive cancer control 19 program to reduce the burden of cancer in Iowa through 20 prevention, early detection, effective treatment, and ensuring 21 quality of life. Of the funds allocated in this paragraph “f”, 22 $75,000 $150,000 shall be used to support a melanoma research 23 symposium, a melanoma biorepository and registry, basic and 24 translational melanoma research, and clinical trials. 25 g. Of the funds appropriated in this subsection, $48,766 26 $97,532 shall be used for cervical and colon cancer screening, 27 and $88,860 $177,720 shall be used to enhance the capacity of 28 the cervical cancer screening program to include provision 29 of recommended prevention and early detection measures to a 30 broader range of low-income women. 31 h. Of the funds appropriated in this subsection, $253,177 32 $506,355 shall be used for the center for congenital and 33 inherited disorders. 34 i. Of the funds appropriated in this subsection, $107,631 35 -9- LSB 5031XC (11) 87 pf/rn 9/ 120
S.F. _____ $225,263 shall be used by the department of public health 1 for reform-related activities, including but not limited to 2 facilitation of communication to stakeholders at the state and 3 local level, administering the patient-centered health advisory 4 council pursuant to section 135.159 , and involvement in health 5 care system innovation activities occurring across the state. 6 j. Of the funds appropriated in this subsection, $11,050 7 $322,100 shall be used for administration of chapter 124D 124E , 8 the medical cannabidiol Act. 9 4. COMMUNITY CAPACITY 10 For strengthening the health care delivery system at the 11 local level, and for not more than the following full-time 12 equivalent positions: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,453,888 14 4,865,152 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.00 16 a. Of the funds appropriated in this subsection, $47,787 17 $95,575 is allocated for continuation of the child vision 18 screening program implemented through the university of Iowa 19 hospitals and clinics in collaboration with early childhood 20 Iowa areas. The program shall submit a report to the 21 individuals identified in this Act for submission of reports 22 regarding the use of funds allocated under this paragraph 23 “a”. The report shall include the objectives and results for 24 the program year including the target population and how the 25 funds allocated assisted the program in meeting the objectives; 26 the number, age, and location within the state of individuals 27 served; the type of services provided to the individuals 28 served; the distribution of funds based on service provided; 29 and the continuing needs of the program. 30 b. Of the funds appropriated in this subsection, $52,828 is 31 allocated for continuation of an initiative implemented at the 32 university of Iowa to expand and improve the workforce engaged 33 in mental health treatment and services. The initiative shall 34 receive input from the university of Iowa, the department of 35 -10- LSB 5031XC (11) 87 pf/rn 10/ 120
S.F. _____ human services, the department of public health, and the mental 1 health and disability services commission to address the focus 2 of the initiative. 3 c. Of the funds appropriated in this section, $41,657 shall 4 be deposited in the governmental public health system fund 5 created in section 135A.8 to be used for the purposes of the 6 fund. 7 d. Of the funds appropriated in this subsection, $24,034 8 $48,069 shall be used for a grant to a statewide association 9 of psychologists that is affiliated with the American 10 psychological association to be used for continuation of a 11 program to rotate intern psychologists in placements in urban 12 and rural mental health professional shortage areas, as defined 13 in section 135.180 . 14 e. Of the funds appropriated in this subsection, the 15 following amounts are allocated to be used as follows to 16 support the Iowa collaborative safety net provider network 17 goals of increased access, health system integration, and 18 engagement. 19 (1) Not less than $260,931 $437,829 is allocated to the 20 Iowa prescription drug corporation for continuation of the 21 pharmaceutical infrastructure for safety net providers as 22 described in 2007 Iowa Acts, chapter 218, section 108 , and for 23 the prescription drug donation repository program created in 24 chapter 135M . 25 (2) Not less than $167,435 $334,870 is allocated to free 26 clinics and free clinics of Iowa for necessary infrastructure, 27 statewide coordination, provider recruitment, service delivery, 28 and provision of assistance to patients in securing a medical 29 home inclusive of oral health care. 30 (3) Not less than $12,500 $25,000 is allocated to the 31 Iowa association of rural health clinics for necessary 32 infrastructure and service delivery transformation. 33 (4) Not less than $50,000 $205,493 is allocated to the 34 Polk county medical society for continuation of the safety net 35 -11- LSB 5031XC (11) 87 pf/rn 11/ 120
S.F. _____ provider patient access to a specialty health care initiative 1 as described in 2007 Iowa Acts, chapter 218, section 109 . 2 f. Of the funds appropriated in this subsection, $38,115 3 $15,000 shall be used by the department in implementing 4 the recommendations in the final report submitted by the 5 direct care worker advisory council to the governor and the 6 general assembly in March 2012, including by continuing to 7 develop, promote, and make available on a statewide basis the 8 prepare-to-care core curriculum and its associated modules 9 and specialties through various formats including online 10 access, community colleges, and other venues; exploring new and 11 maintaining existing specialties including but not limited to 12 oral health and dementia care; supporting instructor training; 13 and assessing and making recommendations concerning the Iowa 14 care book and information technology systems and infrastructure 15 uses and needs. 16 g. Of the funds appropriated in this subsection, $95,594 17 $176,188 shall be allocated for continuation of the contract 18 with an independent statewide direct care worker organization 19 previously selected through a request for proposals process. 20 The contract shall continue to include performance and outcomes 21 measures, and shall continue to allow the contractor to use a 22 portion of the funds received under the contract to collect 23 data to determine results based on the performance and outcomes 24 measures. 25 h. Of the funds appropriated in this subsection, the 26 department may use up to $29,087 $58,175 for up to one 27 full-time equivalent position to administer the volunteer 28 health care provider program pursuant to section 135.24 . 29 i. Of the funds appropriated in this subsection, $48,069 30 $96,138 shall be used for a matching dental education loan 31 repayment program to be allocated to a dental nonprofit health 32 service corporation to continue to develop the criteria and 33 implement the loan repayment program. 34 j. Of the funds appropriated in this subsection, $26,455 is 35 -12- LSB 5031XC (11) 87 pf/rn 12/ 120
S.F. _____ transferred to the college student aid commission for deposit 1 in the rural Iowa primary care trust fund created in section 2 261.113 to be used for the purposes of the fund. 3 k. Of the funds appropriated in this subsection, $75,000 4 $100,000 shall be used for the purposes of the Iowa donor 5 registry as specified in section 142C.18 . 6 l. Of the funds appropriated in this subsection, $48,069 7 $96,138 shall be used for continuation of a grant to a 8 nationally affiliated volunteer eye organization that has an 9 established program for children and adults and that is solely 10 dedicated to preserving sight and preventing blindness through 11 education, nationally certified vision screening and training, 12 and community and patient service programs. The organization 13 shall submit a report to the individuals identified in this 14 Act for submission of reports regarding the use of funds 15 allocated under this paragraph “l”. The report shall include 16 the objectives and results for the program year including 17 the target population and how the funds allocated assisted 18 the program in meeting the objectives; the number, age, and 19 location within the state of individuals served; the type of 20 services provided to the individuals served; the distribution 21 of funds based on services provided; and the continuing needs 22 of the program. 23 m. Of the funds appropriated in this subsection, $436,327 24 $2,000,000 shall be deposited in the medical residency training 25 account created in section 135.175, subsection 5 , paragraph 26 “a”, and is appropriated from the account to the department 27 of public health to be used for the purposes of the medical 28 residency training state matching grants program as specified 29 in section 135.176 . 30 n. Of the funds appropriated in this subsection, $250,000 31 shall be used for the public purpose of providing funding to 32 Des Moines university to establish a provider education project 33 to provide primary care physicians with the training and skills 34 necessary to recognize signs of mental illness in patients. 35 -13- LSB 5031XC (11) 87 pf/rn 13/ 120
S.F. _____ 5. ESSENTIAL PUBLIC HEALTH SERVICES 1 To provide public health services that reduce risks and 2 invest in promoting and protecting good health over the 3 course of a lifetime with a priority given to older Iowans and 4 vulnerable populations: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,098,939 6 7,662,464 7 6. INFECTIOUS DISEASES 8 For reducing the incidence and prevalence of communicable 9 diseases, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 823,213 12 1,796,426 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 14 7. PUBLIC PROTECTION 15 For protecting the health and safety of the public through 16 establishing standards and enforcing regulations, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,097,569 19 4,095,139 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 138.00 21 141.00 22 a. Of the funds appropriated in this subsection, not more 23 than $152,350 $304,700 shall be credited to the emergency 24 medical services fund created in section 135.25 . Moneys in 25 the emergency medical services fund are appropriated to the 26 department to be used for the purposes of the fund. 27 b. Of the funds appropriated in this subsection, up 28 to $121,630 $243,260 shall be used for sexual violence 29 prevention programming through a statewide organization 30 representing programs serving victims of sexual violence 31 through the department’s sexual violence prevention program, 32 and for continuation of a training program for sexual assault 33 response team (SART) members, including representatives of 34 law enforcement, victim advocates, prosecutors, and certified 35 -14- LSB 5031XC (11) 87 pf/rn 14/ 120
S.F. _____ medical personnel. The amount allocated in this paragraph “b” 1 shall not be used to supplant funding administered for other 2 sexual violence prevention or victims assistance programs. 3 c. Of the funds appropriated in this subsection, up to 4 $287,813 $500,000 shall be used for the state poison control 5 center. Pursuant to the directive under 2014 Iowa Acts, 6 chapter 1140, section 102 , the federal matching funds available 7 to the state poison control center from the department of human 8 services under the federal Children’s Health Insurance Program 9 Reauthorization Act allotment shall be subject to the federal 10 administrative cap rule of 10 percent applicable to funding 11 provided under Tit. XXI of the federal Social Security Act and 12 included within the department’s calculations of the cap. 13 d. Of the funds appropriated in this subsection, up to 14 $258,491 $504,796 shall be used for childhood lead poisoning 15 provisions. 16 8. RESOURCE MANAGEMENT 17 For establishing and sustaining the overall ability of the 18 department to deliver services to the public, and for not more 19 than the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 485,607 21 971,215 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 4.00 23 Sec. 7. 2017 Iowa Acts, chapter 174, section 42, subsections 24 10 and 11, are amended by striking the subsections. 25 DIVISION IV 26 DEPARTMENT OF VETERANS AFFAIRS —— FY 2018-2019 27 Sec. 8. 2017 Iowa Acts, chapter 174, section 43, is amended 28 to read as follows: 29 SEC. 43. DEPARTMENT OF VETERANS AFFAIRS. There is 30 appropriated from the general fund of the state to the 31 department of veterans affairs for the fiscal year beginning 32 July 1, 2018, and ending June 30, 2019, the following amounts, 33 or so much thereof as is necessary, to be used for the purposes 34 designated: 35 -15- LSB 5031XC (11) 87 pf/rn 15/ 120
S.F. _____ 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 1 For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 571,278 5 1,150,500 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 7 2. IOWA VETERANS HOME 8 For salaries, support, maintenance, and miscellaneous 9 purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,614,070 11 7,162,976 12 a. The Iowa veterans home billings involving the department 13 of human services shall be submitted to the department on at 14 least a monthly basis. 15 b. Within available resources and in conformance with 16 associated state and federal program eligibility requirements, 17 the Iowa veterans home may implement measures to provide 18 financial assistance to or on behalf of veterans or their 19 spouses who are participating in the community reentry program. 20 d. The Iowa veterans home shall continue to include in the 21 annual discharge report applicant information and to provide 22 for the collection of demographic information including but not 23 limited to the number of individuals applying for admission and 24 admitted or denied admittance and the basis for the admission 25 or denial; the age, gender, and race of such individuals; 26 and the level of care for which such individuals applied for 27 admission including residential or nursing level of care. 28 3. HOME OWNERSHIP ASSISTANCE PROGRAM 29 For transfer to the Iowa finance authority for the 30 continuation of the home ownership assistance program for 31 persons who are or were eligible members of the armed forces of 32 the United States, pursuant to section 16.54 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 34 2,000,000 35 -16- LSB 5031XC (11) 87 pf/rn 16/ 120
S.F. _____ Sec. 9. 2017 Iowa Acts, chapter 174, section 44, is amended 1 to read as follows: 2 SEC. 44. LIMITATION OF COUNTY COMMISSIONS OF VETERAN 3 AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the 4 standing appropriation in section 35A.16 for the fiscal year 5 beginning July 1, 2018, and ending June 30, 2019, the amount 6 appropriated from the general fund of the state pursuant to 7 that section for the following designated purposes shall not 8 exceed the following amount: 9 For the county commissions of veteran affairs fund under 10 section 35A.16 : 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 473,962 12 990,000 13 DIVISION V 14 DEPARTMENT OF HUMAN SERVICES —— FY 2018-2019 15 Sec. 10. 2017 Iowa Acts, chapter 174, section 45, is amended 16 to read as follows: 17 SEC. 45. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 18 GRANT. There is appropriated from the fund created in section 19 8.41 to the department of human services for the fiscal year 20 beginning July 1, 2018, and ending June 30, 2019, from moneys 21 received under the federal temporary assistance for needy 22 families (TANF) block grant pursuant to the federal Personal 23 Responsibility and Work Opportunity Reconciliation Act of 1996, 24 Pub. L. No. 104-193, and successor legislation, the following 25 amounts, or so much thereof as is necessary, to be used for the 26 purposes designated: 27 1. To be credited to the family investment program account 28 and used for assistance under the family investment program 29 under chapter 239B : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,556,231 31 4,539,006 32 2. To be credited to the family investment program account 33 and used for the job opportunities and basic skills (JOBS) 34 program and implementing family investment agreements in 35 -17- LSB 5031XC (11) 87 pf/rn 17/ 120
S.F. _____ accordance with chapter 239B : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,787,846 2 5,412,060 3 3. To be used for the family development and 4 self-sufficiency grant program in accordance with section 5 216A.107 : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,449,490 7 2,883,980 8 Notwithstanding section 8.33 , moneys appropriated in this 9 subsection that remain unencumbered or unobligated at the close 10 of the fiscal year shall not revert but shall remain available 11 for expenditure for the purposes designated until the close of 12 the succeeding fiscal year. However, unless such moneys are 13 encumbered or obligated on or before September 30, 2019, the 14 moneys shall revert. 15 4. For field operations: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,648,116 17 31,296,232 18 5. For general administration: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,872,000 20 3,744,000 21 6. For state child care assistance: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,933,413 23 47,166,826 24 a. Of the funds appropriated in this subsection, 25 $13,164,048 $26,205,412 is transferred to the child care 26 and development block grant appropriation made by the 27 Eighty-seventh General Assembly, 2018 session, for the federal 28 fiscal year beginning October 1, 2018, and ending September 29 30, 2019. Of this amount, $100,000 $200,000 shall be used 30 for provision of educational opportunities to registered 31 child care home providers in order to improve services and 32 programs offered by this category of providers and to increase 33 the number of providers. The department may contract with 34 institutions of higher education or child care resource and 35 -18- LSB 5031XC (11) 87 pf/rn 18/ 120
S.F. _____ referral centers to provide the educational opportunities. 1 Allowable administrative costs under the contracts shall not 2 exceed 5 percent. The application for a grant shall not exceed 3 two pages in length. 4 b. Any funds appropriated in this subsection remaining 5 unallocated shall be used for state child care assistance 6 payments for families who are employed including but not 7 limited to individuals enrolled in the family investment 8 program. 9 7. For child and family services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,190,327 11 32,380,654 12 8. For child abuse prevention grants: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,500 14 125,000 15 9. For pregnancy prevention grants on the condition that 16 family planning services are funded: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 965,033 18 1,913,203 19 Pregnancy prevention grants shall be awarded to programs 20 in existence on or before July 1, 2018, if the programs have 21 demonstrated positive outcomes. Grants shall be awarded to 22 pregnancy prevention programs which are developed after July 23 1, 2018, if the programs are based on existing models that 24 have demonstrated positive outcomes. Grants shall comply with 25 the requirements provided in 1997 Iowa Acts, chapter 208, 26 section 14, subsections 1 and 2 , including the requirement that 27 grant programs must emphasize sexual abstinence. Priority in 28 the awarding of grants shall be given to programs that serve 29 areas of the state which demonstrate the highest percentage of 30 unplanned pregnancies of females of childbearing age within the 31 geographic area to be served by the grant. 32 10. For technology needs and other resources necessary 33 to meet federal welfare reform reporting, tracking, and case 34 management requirements: 35 -19- LSB 5031XC (11) 87 pf/rn 19/ 120
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 518,593 1 1,037,186 2 11. a. Notwithstanding any provision to the contrary, 3 including but not limited to requirements in section 8.41 or 4 provisions in 2017 or 2018 Iowa Acts regarding the receipt and 5 appropriation of federal block grants, federal funds from the 6 temporary assistance for needy families block grant received 7 by the state and not otherwise appropriated in this section 8 and remaining available for the fiscal year beginning July 1, 9 2018, are appropriated to the department of human services to 10 the extent as may be necessary to be used in the following 11 priority order: the family investment program, for state child 12 care assistance program payments for families who are employed, 13 and for the family investment program share of system costs 14 to develop and maintain a new, integrated for eligibility 15 determination system and related functions . The federal funds 16 appropriated in this paragraph “a” shall be expended only after 17 all other funds appropriated in subsection 1 for assistance 18 under the family investment program, in subsection 6 for child 19 care assistance, or in subsection 10 for technology costs 20 related to the family investment program, as applicable, have 21 been expended. For the purposes of this subsection, the funds 22 appropriated in subsection 6, paragraph “a”, for transfer 23 to the child care and development block grant appropriation 24 are considered fully expended when the full amount has been 25 transferred. 26 b. The department shall, on a quarterly basis, advise the 27 legislative services agency and department of management of 28 the amount of funds appropriated in this subsection that was 29 expended in the prior quarter. 30 12. Of the amounts appropriated in this section, $6,481,004 31 $12,962,008 for the fiscal year beginning July 1, 2018, is 32 transferred to the appropriation of the federal social services 33 block grant made to the department of human services for that 34 fiscal year. 35 -20- LSB 5031XC (11) 87 pf/rn 20/ 120
S.F. _____ 13. For continuation of the program providing categorical 1 eligibility for the food assistance program as specified 2 for the program in the section of this division of this Act 3 relating to the family investment program account: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,500 5 14,236 6 14. The department may transfer funds allocated in this 7 section to the appropriations made in this division of this Act 8 for the same fiscal year for general administration and field 9 operations for resources necessary to implement and operate the 10 services referred to in this section and those funded in the 11 appropriation made in this division of this Act for the same 12 fiscal year for the family investment program from the general 13 fund of the state. 14 15. With the exception of moneys allocated under this 15 section for the family development and self-sufficiency grant 16 program, to the extent moneys allocated in this section are 17 deemed by the department not to be necessary to support the 18 purposes for which they are allocated, such moneys may be 19 credited used in the same fiscal year for any other purpose 20 for which funds are allocated in this section or in section 7 21 of this division for the family investment program account. 22 If there are conflicting needs, priority shall first be given 23 to the family investment program account as specified under 24 subsection 1 of this section and used for the purposes of 25 assistance under the family investment program under chapter 26 239B in the same fiscal year , followed by state child care 27 assistance program payments for families who are employed, 28 followed by other priorities as specified by the department . 29 Sec. 11. 2017 Iowa Acts, chapter 174, section 46, subsection 30 4, is amended to read as follows: 31 4. Moneys appropriated in this division of this Act and 32 credited to the FIP account for the fiscal year beginning July 33 1, 2018, and ending June 30, 2019, are allocated as follows: 34 a. To be retained by the department of human services to 35 -21- LSB 5031XC (11) 87 pf/rn 21/ 120
S.F. _____ be used for coordinating with the department of human rights 1 to more effectively serve participants in FIP and other shared 2 clients and to meet federal reporting requirements under the 3 federal temporary assistance for needy families block grant: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000 5 5,000 6 b. To the department of human rights for staffing, 7 administration, and implementation of the family development 8 and self-sufficiency grant program in accordance with section 9 216A.107 : 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,096,417 11 6,192,834 12 (1) Of the funds allocated for the family development 13 and self-sufficiency grant program in this paragraph “b”, 14 not more than 5 percent of the funds shall be used for the 15 administration of the grant program. 16 (2) The department of human rights may continue to implement 17 the family development and self-sufficiency grant program 18 statewide during fiscal year 2018-2019. 19 (3) The department of human rights may engage in activities 20 to strengthen and improve family outcomes measures and 21 data collection systems under the family development and 22 self-sufficiency grant program. 23 c. For the diversion subaccount of the FIP account: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 407,500 25 749,694 26 A portion of the moneys allocated for the subaccount may 27 be used for field operations, salaries, data management 28 system development, and implementation costs and support 29 deemed necessary by the director of human services in order to 30 administer the FIP diversion program. To the extent moneys 31 allocated in this paragraph “c” are deemed by the department 32 not to be necessary to support diversion activities, such 33 moneys may be used for other efforts intended to increase 34 engagement by family investment program participants in work, 35 -22- LSB 5031XC (11) 87 pf/rn 22/ 120
S.F. _____ education, or training activities, or for the purposes of 1 assistance under the family investment program in accordance 2 with chapter 239B . 3 d. For the food assistance employment and training program: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,294 5 66,588 6 (1) The department shall apply the federal supplemental 7 nutrition assistance program (SNAP) employment and training 8 state plan in order to maximize to the fullest extent permitted 9 by federal law the use of the 50 percent federal reimbursement 10 provisions for the claiming of allowable federal reimbursement 11 funds from the United States department of agriculture 12 pursuant to the federal SNAP employment and training program 13 for providing education, employment, and training services 14 for eligible food assistance program participants, including 15 but not limited to related dependent care and transportation 16 expenses. 17 (2) The department shall continue the categorical federal 18 food assistance program eligibility at 160 percent of the 19 federal poverty level and continue to eliminate the asset test 20 from eligibility requirements, consistent with federal food 21 assistance program requirements. The department shall include 22 as many food assistance households as is allowed by federal 23 law. The eligibility provisions shall conform to all federal 24 requirements including requirements addressing individuals who 25 are incarcerated or otherwise ineligible. 26 e. For the JOBS program: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,761,645 28 12,139,821 29 Sec. 12. 2017 Iowa Acts, chapter 174, section 46, is amended 30 by adding the following new subsection: 31 NEW SUBSECTION . 7. The department of human services shall 32 convene a workgroup to review opportunities to increase state 33 engagement in the supplemental nutrition assistance program 34 (SNAP) employment and training program. The workgroup shall 35 -23- LSB 5031XC (11) 87 pf/rn 23/ 120
S.F. _____ explore the feasibility of expansion of the current pilot 1 program to a statewide basis, the potential involvement of 2 community-based organizations to the extent allowed by federal 3 law, and the leveraging of state and private funding to match 4 available federal funds. The membership of the workgroup 5 shall include representatives of the department of human 6 services, community colleges, community-based organizations 7 serving SNAP recipients, philanthropic organizations, and other 8 stakeholders with relevant interest or expertise as determined 9 by the department. The workgroup shall submit a report of its 10 findings and recommendations to the governor and the general 11 assembly by December 15, 2018. 12 Sec. 13. 2017 Iowa Acts, chapter 174, section 47, unnumbered 13 paragraph 2, is amended to read as follows: 14 To be credited to the family investment program (FIP) 15 account and used for family investment program assistance under 16 chapter 239B : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,502,240 18 40,365,715 19 Sec. 14. 2017 Iowa Acts, chapter 174, section 47, 20 subsections 1, 2, 4, and 5, are amended to read as follows: 21 1. Of the funds appropriated in this section, $3,973,798 22 $6,727,761 is allocated for the JOBS program. 23 2. Of the funds appropriated in this section, $1,656,927 24 $3,313,854 is allocated for the family development and 25 self-sufficiency grant program. 26 4. Of the funds appropriated in this section, $97,839 27 $195,678 shall be used for continuation of a grant to an 28 Iowa-based nonprofit organization with a history of providing 29 tax preparation assistance to low-income Iowans in order to 30 expand the usage of the earned income tax credit. The purpose 31 of the grant is to supply this assistance to underserved areas 32 of the state. 33 5. Of the funds appropriated in this section, $30,000 34 $70,000 shall be used for the continuation of an unfunded pilot 35 -24- LSB 5031XC (11) 87 pf/rn 24/ 120
S.F. _____ project the parenting program , as defined specified in 441 IAC 1 100.1 100 , relating to parental obligations, in which the child 2 support recovery unit participates, to support the efforts 3 of a nonprofit organization committed to strengthening the 4 community through youth development, healthy living, and social 5 responsibility headquartered in a county with a population 6 over 350,000 according to the latest certified federal 7 census. The funds allocated in this subsection shall be used 8 by the recipient organization to develop a larger community 9 effort, through public and private partnerships, to support a 10 broad-based multi-county fatherhood parenthood initiative that 11 promotes payment of child support obligations, improved family 12 relationships, and full-time employment. 13 Sec. 15. 2017 Iowa Acts, chapter 174, section 48, unnumbered 14 paragraph 2, is amended to read as follows: 15 For child support recovery, including salaries, support, 16 maintenance, and miscellaneous purposes, and for not more than 17 the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,293,317 19 14,586,635 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 459.00 21 Sec. 16. 2017 Iowa Acts, chapter 174, section 48, subsection 22 1, is amended to read as follows: 23 1. The department shall expend up to $12,164 $24,329 , 24 including federal financial participation, for the fiscal year 25 beginning July 1, 2018, for a child support public awareness 26 campaign. The department and the office of the attorney 27 general shall cooperate in continuation of the campaign. The 28 public awareness campaign shall emphasize, through a variety 29 of media activities, the importance of maximum involvement of 30 both parents in the lives of their children as well as the 31 importance of payment of child support obligations. 32 Sec. 17. 2017 Iowa Acts, chapter 174, section 51, unnumbered 33 paragraph 2, is amended to read as follows: 34 For medical assistance program reimbursement and associated 35 -25- LSB 5031XC (11) 87 pf/rn 25/ 120
S.F. _____ costs as specifically provided in the reimbursement 1 methodologies in effect on June 30, 2018, except as otherwise 2 expressly authorized by law, consistent with options under 3 federal law and regulations, and contingent upon receipt of 4 approval from the office of the governor of reimbursement for 5 each abortion performed under the program: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 642,202,870 7 1,337,946,375 8 Sec. 18. 2017 Iowa Acts, chapter 174, section 51, 9 subsections 3, 4, 5, 6, 7, 8, 14, 17, 18, and 19, are amended 10 to read as follows: 11 3. The department shall utilize not more than $30,000 12 $60,000 of the funds appropriated in this section to continue 13 the AIDS/HIV health insurance premium payment program as 14 established in 1992 Iowa Acts, Second Extraordinary Session, 15 chapter 1001, section 409, subsection 6 . Of the funds 16 allocated in this subsection, not more than $2,500 $5,000 may 17 be expended for administrative purposes. 18 4. Of the funds appropriated in this Act to the 19 department of public health for addictive disorders, $475,000 20 $950,000 for the fiscal year beginning July 1, 2018, is 21 transferred to the department of human services for an 22 integrated substance-related disorder managed care system. 23 The departments of human services and public health shall 24 work together to maintain the level of mental health and 25 substance-related disorder treatment services provided by the 26 managed care contractors. Each department shall take the steps 27 necessary to continue the federal waivers as necessary to 28 maintain the level of services. 29 5. a. The department shall aggressively pursue options for 30 providing medical assistance or other assistance to individuals 31 with special needs who become ineligible to continue receiving 32 services under the early and periodic screening, diagnostic, 33 and treatment program under the medical assistance program 34 due to becoming 21 years of age who have been approved for 35 -26- LSB 5031XC (11) 87 pf/rn 26/ 120
S.F. _____ additional assistance through the department’s exception to 1 policy provisions, but who have health care needs in excess 2 of the funding available through the exception to policy 3 provisions. 4 b. Of the funds appropriated in this section, $50,000 5 $100,000 shall be used for participation in one or more 6 pilot projects operated by a private provider to allow the 7 individual or individuals to receive service in the community 8 in accordance with principles established in Olmstead v. 9 L.C., 527 U.S. 581 (1999), for the purpose of providing 10 medical assistance or other assistance to individuals with 11 special needs who become ineligible to continue receiving 12 services under the early and periodic screening, diagnostic, 13 and treatment program under the medical assistance program 14 due to becoming 21 years of age who have been approved for 15 additional assistance through the department’s exception to 16 policy provisions, but who have health care needs in excess 17 of the funding available through the exception to the policy 18 provisions. 19 6. Of the funds appropriated in this section, up to 20 $1,525,041 $3,050,082 may be transferred to the field 21 operations or general administration appropriations in this 22 division of this Act for operational costs associated with Part 23 D of the federal Medicare Prescription Drug Improvement and 24 Modernization Act of 2003, Pub. L. No. 108-173. 25 7. Of the funds appropriated in this section, up to 26 $221,050 $442,100 may be transferred to the appropriation in 27 this division of this Act for medical contracts to be used 28 for clinical assessment services and prior authorization of 29 services. 30 8. A portion of the funds appropriated in this section 31 may be transferred to the appropriations in this division of 32 this Act for general administration, medical contracts, the 33 children’s health insurance program, or field operations to be 34 used for the state match cost to comply with the payment error 35 -27- LSB 5031XC (11) 87 pf/rn 27/ 120
S.F. _____ rate measurement (PERM) program for both the medical assistance 1 and children’s health insurance programs as developed by the 2 centers for Medicare and Medicaid services of the United States 3 department of health and human services to comply with the 4 federal Improper Payments Information Act of 2002, Pub. L. 5 No. 107-300 , and to support other reviews and quality control 6 activities to improve the integrity of these programs . 7 14. Of the funds appropriated in this section, $174,505 8 $349,011 shall be used for the administration of the health 9 insurance premium payment program, including salaries, support, 10 maintenance, and miscellaneous purposes. 11 17. a. Of the funds appropriated in this section, up 12 to $25,000 $50,000 may be transferred by the department to 13 the appropriation made in this division of this Act to the 14 department for the same fiscal year for general administration 15 to be used for associated administrative expenses and for not 16 more than one full-time equivalent position, in addition to 17 those authorized for the same fiscal year, to be assigned to 18 implementing the children’s mental health home project. 19 b. Of the funds appropriated in this section, up to 20 $200,000 $400,000 may be transferred by the department to 21 the appropriation made to the department in this division of 22 this Act for the same fiscal year for Medicaid program-related 23 general administration planning and implementation activities. 24 The funds may be used for contracts or for personnel in 25 addition to the amounts appropriated for and the positions 26 authorized for general administration for the fiscal year. 27 c. Of the funds appropriated in this section, up to 28 $1,500,000 $3,000,000 may be transferred by the department 29 to the appropriations made in this division of this Act 30 for the same fiscal year for general administration or 31 medical contracts to be used to support the development 32 and implementation of standardized assessment tools for 33 persons with mental illness, an intellectual disability, a 34 developmental disability, or a brain injury. 35 -28- LSB 5031XC (11) 87 pf/rn 28/ 120
S.F. _____ 18. Of the funds appropriated in this section, $75,000 1 $150,000 shall be used for lodging expenses associated with 2 care provided at the university of Iowa hospitals and clinics 3 for patients with cancer whose travel distance is 30 miles or 4 more and whose income is at or below 200 percent of the federal 5 poverty level as defined by the most recently revised poverty 6 income guidelines published by the United States department of 7 health and human services. The department of human services 8 shall establish the maximum number of overnight stays and the 9 maximum rate reimbursed for overnight lodging, which may be 10 based on the state employee rate established by the department 11 of administrative services. The funds allocated in this 12 subsection shall not be used as nonfederal share matching 13 funds. 14 19. Of the funds appropriated in this section, up to 15 $1,691,940 $3,383,880 shall be used for administration of the 16 state family planning services program as enacted in this 2017 17 Act, and of this amount the department may use to up $100,000 18 up to $200,000 for administrative expenses. 19 Sec. 19. 2017 Iowa Acts, chapter 174, section 51, is amended 20 by adding the following new subsections: 21 NEW SUBSECTION . 22. Of the funds appropriated in this 22 section, $300,000 shall be used by the department of human 23 services through a request for proposals process to establish 24 a partnership between the university of Iowa hospitals and 25 clinics and a nonprofit durable medical equipment provider 26 and manufacturer to provide new, refurbished, or repaired 27 durable medical equipment to Medicaid members in the state. 28 Such durable medical equipment provider and manufacturer 29 shall be authorized as a Medicaid provider in the state on or 30 after April 1, 2018, and shall have the capability to provide 31 assessments for customized wheelchairs, manufacture bathing aid 32 equipment and mobility bathing aids, offer in-home care, and 33 sell durable medical equipment at cost in Iowa and online as of 34 June 1, 2018. 35 -29- LSB 5031XC (11) 87 pf/rn 29/ 120
S.F. _____ NEW SUBSECTION . 23. The department of human services shall 1 expand Medicaid coverage to provide care for young adults with 2 complex medical conditions in a special population nursing 3 facility as specified by rule of the department pursuant to 4 this subsection. The department shall adopt rules pursuant to 5 chapter 17A to expand the criteria for a special population 6 nursing facility under the Medicaid program to include a 7 nursing facility that serves residents, 100 percent of whom are 8 aged 30 and under and require the skilled level of care, and to 9 include a nursing facility that serves residents, 100 percent 10 of whom require care from a facility licensed by the department 11 of inspections and appeals as an intermediate care facility 12 for persons with medical complexity as defined by rule of the 13 department. 14 NEW SUBSECTION . 24. Consistent with the informational 15 bulletin published May 9, 2017, by the centers for Medicare and 16 Medicaid services of the United States department of health and 17 human services, in implementing the regulation that finalized 18 criteria for home and community-based settings appropriate for 19 provision of home and community-based services, the department 20 of human services shall continue progress with the statewide 21 transition plan to be approved by March 17, 2019, but shall 22 extend the transition period to demonstrate compliance with 23 the home and community-based settings criteria until March 17, 24 2022, for those settings to which a transition period applies. 25 NEW SUBSECTION . 25. The department of human services shall 26 utilize $3,000,000 of the funds appropriated under this section 27 to adjust current supported community living provider daily 28 rate cells under the tiered rate reimbursement methodology 29 effective with dates of service beginning July 1, 2018. The 30 department shall work with the Medicaid program actuary to 31 evaluate the current tiered rates and the tiered rates phase-in 32 plan to determine the necessary apportionment of such funds. 33 In addition, the department, working with the Medicaid program 34 actuary, shall review the current tiered rates and the tiered 35 -30- LSB 5031XC (11) 87 pf/rn 30/ 120
S.F. _____ rates phase-in plan and shall propose recommendations for any 1 changes. The department shall convene the tiered rate provider 2 workgroup initially convened in the fiscal year beginning July 3 1, 2016, to review the actuarial findings and recommendations. 4 The tiered rates may be adjusted based upon the actuarial 5 findings and recommendations if such adjustments are budget 6 neutral. A report of the actuarial findings, recommendations, 7 and comments provided by the tiered rate provider workgroup 8 shall be submitted to the governor and the general assembly by 9 December 15, 2018. If additional funding is appropriated to 10 implement the recommendations, the additional funding shall be 11 incorporated into the managed care organization capitation rate 12 setting process for the fiscal year beginning July 1, 2019. 13 NEW SUBSECTION . 26. The department of human services shall 14 review all current Medicaid fee schedules and shall submit a 15 report to the governor and the general assembly by January 15, 16 2019, regarding how the current rates compare to the equivalent 17 Medicare fee schedules or other appropriate reimbursement 18 methodologies for specific services and including a plan for 19 phased-in implementation of any changes. 20 NEW SUBSECTION . 27. Of the funds appropriated in this 21 section, $1,545,530 shall be used and may be transferred to 22 other appropriations in this division of this Act as necessary 23 to administer the provisions in the division of this Act 24 relating to Medicaid program administration. 25 NEW SUBSECTION . 28. Of the funds appropriated in this 26 section, $876,015 shall be used and may be transferred to other 27 appropriations in this division of this Act as necessary to 28 administer the provisions of 2018 Iowa Acts, House File 2456, 29 as enacted. 30 Sec. 20. 2017 Iowa Acts, chapter 174, section 52, is amended 31 to read as follows: 32 SEC. 52. MEDICAL CONTRACTS. There is appropriated from the 33 general fund of the state to the department of human services 34 for the fiscal year beginning July 1, 2018, and ending June 30, 35 -31- LSB 5031XC (11) 87 pf/rn 31/ 120
S.F. _____ 2019, the following amount, or so much thereof as is necessary, 1 to be used for the purpose designated: 2 For medical contracts: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,813,232 4 16,603,198 5 1. The department of inspections and appeals shall 6 provide all state matching funds for survey and certification 7 activities performed by the department of inspections 8 and appeals. The department of human services is solely 9 responsible for distributing the federal matching funds for 10 such activities. 11 2. Of the funds appropriated in this section, $25,000 12 $50,000 shall be used for continuation of home and 13 community-based services waiver quality assurance programs, 14 including the review and streamlining of processes and policies 15 related to oversight and quality management to meet state and 16 federal requirements. 17 3. Of the amount appropriated in this section, up to 18 $100,000 $200,000 may be transferred to the appropriation 19 for general administration in this division of this Act to 20 be used for additional full-time equivalent positions in the 21 development of key health initiatives such as cost containment, 22 development and oversight of managed care programs, and 23 development of health strategies targeted toward improved 24 quality and reduced costs in the Medicaid program. 25 4. Of the funds appropriated in this section, $500,000 26 $1,000,000 shall be used for planning and development, 27 in cooperation with the department of public health, of a 28 phased-in program to provide a dental home for children. 29 5. Of the funds appropriated in this section, $475,000 30 $723,000 shall be credited to the autism support program fund 31 created in section 225D.2 to be used for the autism support 32 program created in chapter 225D , with the exception of the 33 following amounts of this allocation which shall be used as 34 follows: 35 -32- LSB 5031XC (11) 87 pf/rn 32/ 120
S.F. _____ a. Of the funds allocated in this subsection, $125,000 1 shall be deposited in the board-certified behavior analyst and 2 board-certified assistant behavior analyst grants program fund 3 created in section 135.181 , to be used for the purposes of the 4 fund. 5 b. Of the funds allocated in this subsection, $12,500 6 $25,000 shall be used for the public purpose of continuation 7 of a grant to a child welfare services provider headquartered 8 in a county with a population between 205,000 and 215,000 in 9 the latest certified federal census that provides multiple 10 services including but not limited to a psychiatric medical 11 institution for children, shelter, residential treatment, after 12 school programs, school-based programming, and an Asperger’s 13 syndrome program, to be used for support services for children 14 with autism spectrum disorder and their families. 15 c. Of the funds allocated in this subsection, $12,500 16 shall be used for the public purpose of continuing a grant to 17 a hospital-based provider headquartered in a county with a 18 population between 90,000 and 95,000 in the latest certified 19 federal census that provides multiple services including 20 but not limited to diagnostic, therapeutic, and behavioral 21 services to individuals with autism spectrum disorder across 22 one’s lifespan. The grant recipient shall utilize the funds 23 to continue the pilot project to determine the necessary 24 support services for children with autism spectrum disorder and 25 their families to be included in the children’s disabilities 26 services system. The grant recipient shall submit findings and 27 recommendations based upon the results of the pilot project 28 to the individuals specified in this division of this Act for 29 submission of reports by December 31, 2018. 30 Sec. 21. 2017 Iowa Acts, chapter 174, section 53, unnumbered 31 paragraph 2, is amended to read as follows: 32 For the state supplementary assistance program: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,186,329 34 10,250,873 35 -33- LSB 5031XC (11) 87 pf/rn 33/ 120
S.F. _____ Sec. 22. 2017 Iowa Acts, chapter 174, section 53, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 3 appropriated in this section that remain unencumbered or 4 unobligated at the close of the fiscal year shall not revert 5 but shall remain available for expenditure for the purposes 6 designated until the close of the succeeding fiscal year. 7 Sec. 23. 2017 Iowa Acts, chapter 174, section 54, is amended 8 to read as follows: 9 SEC. 54. CHILDREN’S HEALTH INSURANCE PROGRAM. 10 1. There is appropriated from the general fund of the 11 state to the department of human services for the fiscal year 12 beginning July 1, 2018, and ending June 30, 2019, the following 13 amount, or so much thereof as is necessary, to be used for the 14 purpose designated: 15 For maintenance of the healthy and well kids in Iowa (hawk-i) 16 program pursuant to chapter 514I , including supplemental dental 17 services, for receipt of federal financial participation under 18 Tit. XXI of the federal Social Security Act, which creates the 19 children’s health insurance program: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,259,226 21 7,064,057 22 2. Of the funds appropriated in this section, $21,400 23 $42,800 is allocated for continuation of the contract for 24 outreach with the department of public health. 25 Sec. 24. 2017 Iowa Acts, chapter 174, section 55, unnumbered 26 paragraph 2, is amended to read as follows: 27 For child care programs: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,671,808 29 40,816,831 30 Sec. 25. 2017 Iowa Acts, chapter 174, section 55, 31 subsections 1 and 4, are amended to read as follows: 32 1. Of the funds appropriated in this section, $16,746,808 33 $34,966,931 shall be used for state child care assistance in 34 accordance with section 237A.13 . 35 -34- LSB 5031XC (11) 87 pf/rn 34/ 120
S.F. _____ 4. Of the funds appropriated in this section, $2,925,000 1 $5,850,000 shall be credited to the early childhood programs 2 grants account in the early childhood Iowa fund created 3 in section 256I.11 . The moneys shall be distributed for 4 funding of community-based early childhood programs targeted 5 to children from birth through five years of age developed 6 by early childhood Iowa areas in accordance with approved 7 community plans as provided in section 256I.8 . 8 Sec. 26. 2017 Iowa Acts, chapter 174, section 56, is amended 9 to read as follows: 10 SEC. 56. JUVENILE INSTITUTION. There is appropriated 11 from the general fund of the state to the department of human 12 services for the fiscal year beginning July 1, 2018, and ending 13 June 30, 2019, the following amounts, or so much thereof as is 14 necessary, to be used for the purposes designated: 15 1. For operation of the state training school at Eldora and 16 for salaries, support, maintenance, and miscellaneous purposes, 17 and for not more than the following full-time equivalent 18 positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,675,221 20 12,762,443 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 189.00 22 Of the funds appropriated in this subsection, $45,575 23 $91,150 shall be used for distribution to licensed classroom 24 teachers at this and other institutions under the control of 25 the department of human services based upon the average student 26 yearly enrollment at each institution as determined by the 27 department. 28 2. A portion of the moneys appropriated in this section 29 shall be used by the state training school at Eldora for 30 grants for adolescent pregnancy prevention activities at the 31 institution in the fiscal year beginning July 1, 2018. 32 3. Of the funds appropriated in this subsection, $212,000 33 shall be used by the state training school at Eldora for a 34 substance use disorder treatment program at the institution in 35 -35- LSB 5031XC (11) 87 pf/rn 35/ 120
S.F. _____ the fiscal year beginning July 1, 2018. 1 Sec. 27. 2017 Iowa Acts, chapter 174, section 57, is amended 2 to read as follows: 3 SEC. 57. CHILD AND FAMILY SERVICES. 4 1. There is appropriated from the general fund of the 5 state to the department of human services for the fiscal year 6 beginning July 1, 2018, and ending June 30, 2019, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purpose designated: 9 For child and family services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,639,687 11 84,939,774 12 2. The department may transfer funds appropriated in this 13 section as necessary to pay the nonfederal costs of services 14 reimbursed under the medical assistance program, state child 15 care assistance program, or the family investment program which 16 are provided to children who would otherwise receive services 17 paid under the appropriation in this section. The department 18 may transfer funds appropriated in this section to the 19 appropriations made in this division of this Act for general 20 administration and for field operations for resources necessary 21 to implement and operate the services funded in this section. 22 3. a. Of the funds appropriated in this section, up 23 to $17,868,324 $34,536,648 is allocated as the statewide 24 expenditure target under section 232.143 for group foster care 25 maintenance and services. If the department projects that such 26 expenditures for the fiscal year will be less than the target 27 amount allocated in this paragraph “a”, the department may 28 reallocate the excess to provide additional funding for shelter 29 care or the child welfare emergency services addressed with the 30 allocation for shelter care. 31 b. If at any time after September 30, 2018, annualization 32 of a service area’s current expenditures indicates a service 33 area is at risk of exceeding its group foster care expenditure 34 target under section 232.143 by more than 5 percent, the 35 -36- LSB 5031XC (11) 87 pf/rn 36/ 120
S.F. _____ department and juvenile court services shall examine all 1 group foster care placements in that service area in order to 2 identify those which might be appropriate for termination. 3 In addition, any aftercare services believed to be needed 4 for the children whose placements may be terminated shall be 5 identified. The department and juvenile court services shall 6 initiate action to set dispositional review hearings for the 7 placements identified. In such a dispositional review hearing, 8 the juvenile court shall determine whether needed aftercare 9 services are available and whether termination of the placement 10 is in the best interest of the child and the community. 11 4. In accordance with the provisions of section 232.188 , 12 the department shall continue the child welfare and juvenile 13 justice funding initiative during fiscal year 2018-2019. Of 14 the funds appropriated in this section, $858,876 $1,717,753 15 is allocated specifically for expenditure for fiscal year 16 2018-2019 through the decategorization services funding pools 17 and governance boards established pursuant to section 232.188 . 18 5. A portion of the funds appropriated in this section 19 may be used for emergency family assistance to provide other 20 resources required for a family participating in a family 21 preservation or reunification project or successor project to 22 stay together or to be reunified. 23 6. Notwithstanding section 234.35 or any other provision 24 of law to the contrary, state funding for shelter care and 25 the child welfare emergency services contracting implemented 26 to provide for or prevent the need for shelter care shall be 27 limited to $4,048,079 $8,096,158 . 28 7. Federal funds received by the state during the fiscal 29 year beginning July 1, 2018, as the result of the expenditure 30 of state funds appropriated during a previous state fiscal 31 year for a service or activity funded under this section are 32 appropriated to the department to be used as additional funding 33 for services and purposes provided for under this section. 34 Notwithstanding section 8.33 , moneys received in accordance 35 -37- LSB 5031XC (11) 87 pf/rn 37/ 120
S.F. _____ with this subsection that remain unencumbered or unobligated at 1 the close of the fiscal year shall not revert to any fund but 2 shall remain available for the purposes designated until the 3 close of the succeeding fiscal year. 4 8. a. Of the funds appropriated in this section, up to 5 $1,645,000 $3,290,000 is allocated for the payment of the 6 expenses of court-ordered services provided to juveniles 7 who are under the supervision of juvenile court services, 8 which expenses are a charge upon the state pursuant to 9 section 232.141, subsection 4 . Of the amount allocated in 10 this paragraph “a”, up to $778,143 $1,556,287 shall be made 11 available to provide school-based supervision of children 12 adjudicated under chapter 232 , of which not more than $7,500 13 $15,000 may be used for the purpose of training. A portion of 14 the cost of each school-based liaison officer shall be paid by 15 the school district or other funding source as approved by the 16 chief juvenile court officer. 17 b. Of the funds appropriated in this section, up to $374,492 18 $748,985 is allocated for the payment of the expenses of 19 court-ordered services provided to children who are under the 20 supervision of the department, which expenses are a charge upon 21 the state pursuant to section 232.141, subsection 4 . 22 c. Notwithstanding section 232.141 or any other provision 23 of law to the contrary, the amounts allocated in this 24 subsection shall be distributed to the judicial districts 25 as determined by the state court administrator and to the 26 department’s service areas as determined by the administrator 27 of the department of human services’ division of child and 28 family services. The state court administrator and the 29 division administrator shall make the determination of the 30 distribution amounts on or before June 15, 2018. 31 d. Notwithstanding chapter 232 or any other provision of 32 law to the contrary, a district or juvenile court shall not 33 order any service which is a charge upon the state pursuant 34 to section 232.141 if there are insufficient court-ordered 35 -38- LSB 5031XC (11) 87 pf/rn 38/ 120
S.F. _____ services funds available in the district court or departmental 1 service area distribution amounts to pay for the service. The 2 chief juvenile court officer and the departmental service area 3 manager shall encourage use of the funds allocated in this 4 subsection such that there are sufficient funds to pay for 5 all court-related services during the entire year. The chief 6 juvenile court officers and departmental service area managers 7 shall attempt to anticipate potential surpluses and shortfalls 8 in the distribution amounts and shall cooperatively request the 9 state court administrator or division administrator to transfer 10 funds between the judicial districts’ or departmental service 11 areas’ distribution amounts as prudent. 12 e. Notwithstanding any provision of law to the contrary, 13 a district or juvenile court shall not order a county to pay 14 for any service provided to a juvenile pursuant to an order 15 entered under chapter 232 which is a charge upon the state 16 under section 232.141, subsection 4 . 17 f. Of the funds allocated in this subsection, not more 18 than $41,500 $83,000 may be used by the judicial branch for 19 administration of the requirements under this subsection. 20 g. Of the funds allocated in this subsection, $8,500 $17,000 21 shall be used by the department of human services to support 22 the interstate commission for juveniles in accordance with 23 the interstate compact for juveniles as provided in section 24 232.173 . 25 9. Of the funds appropriated in this section, $6,126,613 26 $12,253,227 is allocated for juvenile delinquent graduated 27 sanctions services. Any state funds saved as a result of 28 efforts by juvenile court services to earn a federal Tit. IV-E 29 match for juvenile court services administration may be used 30 for the juvenile delinquent graduated sanctions services. 31 10. Of the funds appropriated in this section, $829,142 32 $1,658,285 is transferred to the department of public health 33 to be used for the child protection center grant program for 34 child protection centers located in Iowa in accordance with 35 -39- LSB 5031XC (11) 87 pf/rn 39/ 120
S.F. _____ section 135.118 . The grant amounts under the program shall be 1 equalized so that each center receives a uniform base amount 2 of $122,500 $245,000 , so that $25,000 $50,000 is awarded to 3 establish a satellite child protection center in a city in 4 north central Iowa that is the county seat of a county with 5 a population between 44,000 and 45,000 according to the 2010 6 federal decennial census, and so that the remaining funds are 7 awarded through a funding formula based upon the volume of 8 children served. 9 11. If the department receives federal approval to 10 implement a waiver under Tit. IV-E of the federal Social 11 Security Act to enable providers to serve children who remain 12 in the children’s families and communities, for purposes of 13 eligibility under the medical assistance program through 25 14 years of age, children who participate in the waiver shall be 15 considered to be placed in foster care. 16 12. Of the funds appropriated in this section, $2,012,583 17 $4,025,167 is allocated for the preparation for adult living 18 program pursuant to section 234.46 . 19 13. Of the funds appropriated in this section, $113,668 20 $227,337 shall be used for the public purpose of continuing 21 a grant to a nonprofit human services organization providing 22 services to individuals and families in multiple locations in 23 southwest Iowa and Nebraska for support of a project providing 24 immediate, sensitive support and forensic interviews, medical 25 exams, needs assessments, and referrals for victims of child 26 abuse and their nonoffending family members. 27 14. Of the funds appropriated in this section, $150,310 28 $300,620 is allocated for the foster care youth council 29 approach of providing a support network to children placed in 30 foster care. 31 15. Of the funds appropriated in this section, $101,000 32 $202,000 is allocated for use pursuant to section 235A.1 for 33 continuation of the initiative to address child sexual abuse 34 implemented pursuant to 2007 Iowa Acts, chapter 218, section 35 -40- LSB 5031XC (11) 87 pf/rn 40/ 120
S.F. _____ 18, subsection 21 . 1 16. Of the funds appropriated in this section, $315,120 2 $630,240 is allocated for the community partnership for child 3 protection sites. 4 17. Of the funds appropriated in this section, $185,625 5 $371,250 is allocated for the department’s minority youth and 6 family projects under the redesign of the child welfare system. 7 18. Of the funds appropriated in this section, $568,297 8 $851,595 is allocated for funding of the community circle of 9 care collaboration for children and youth in northeast Iowa. 10 19. Of the funds appropriated in this section, at least 11 $73,579 $147,158 shall be used for the continuation of the 12 child welfare provider training academy, a collaboration 13 between the coalition for family and children’s services in 14 Iowa and the department. 15 20. Of the funds appropriated in this section, $105,936 16 $211,872 shall be used for continuation of the central Iowa 17 system of care program grant through June 30, 2019. 18 21. Of the funds appropriated in this section, $117,500 19 $235,000 shall be used for the public purpose of the 20 continuation and expansion of a system of care program grant 21 implemented in Cerro Gordo and Linn counties to utilize a 22 comprehensive and long-term approach for helping children 23 and families by addressing the key areas in a child’s life 24 of childhood basic needs, education and work, family, and 25 community. 26 22. Of the funds appropriated in this section, at least 27 $12,500 $25,000 shall be used to continue and to expand the 28 foster care respite pilot program in which postsecondary 29 students in social work and other human services-related 30 programs receive experience by assisting family foster care 31 providers with respite and other support. 32 23. Of the funds appropriated in this section, $55,000 33 $110,000 shall be used for the public purpose of funding 34 community-based services and other supports with a system of 35 -41- LSB 5031XC (11) 87 pf/rn 41/ 120
S.F. _____ care approach for children with a serious emotional disturbance 1 and their families through a nonprofit provider of child 2 welfare services that has been in existence for more than 3 115 years, is located in a county with a population of more 4 than 200,000 but less than 220,000 according to the latest 5 certified federal census, is licensed as a psychiatric medical 6 institution for children, and was a system of care grantee 7 prior to July 1, 2018. 8 Sec. 28. 2017 Iowa Acts, chapter 174, section 58, subsection 9 1, paragraph a, is amended to read as follows: 10 a. For adoption subsidy payments and services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,388,955 12 40,445,137 13 Sec. 29. 2017 Iowa Acts, chapter 174, section 60, is amended 14 to read as follows: 15 SEC. 60. FAMILY SUPPORT SUBSIDY PROGRAM. 16 1. There is appropriated from the general fund of the 17 state to the department of human services for the fiscal year 18 beginning July 1, 2018, and ending June 30, 2019, the following 19 amount, or so much thereof as is necessary, to be used for the 20 purpose designated: 21 For the family support subsidy program subject to the 22 enrollment restrictions in section 225C.37, subsection 3 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 534,641 24 949,282 25 2. At least $393,750 $787,500 of the moneys appropriated in 26 this section is transferred to the department of public health 27 for the family support center component of the comprehensive 28 family support program under chapter 225C , subchapter V. 29 3. If at any time during the fiscal year, the amount of 30 funding available for the family support subsidy program 31 is reduced from the amount initially used to establish the 32 figure for the number of family members for whom a subsidy 33 is to be provided at any one time during the fiscal year, 34 notwithstanding section 225C.38, subsection 2 , the department 35 -42- LSB 5031XC (11) 87 pf/rn 42/ 120
S.F. _____ shall revise the figure as necessary to conform to the amount 1 of funding available. 2 Sec. 30. 2017 Iowa Acts, chapter 174, section 61, is amended 3 to read as follows: 4 SEC. 61. CONNER DECREE. There is appropriated from the 5 general fund of the state to the department of human services 6 for the fiscal year beginning July 1, 2018, and ending June 30, 7 2019, the following amount, or so much thereof as is necessary, 8 to be used for the purpose designated: 9 For building community capacity through the coordination 10 and provision of training opportunities in accordance with the 11 consent decree of Conner v. Branstad, No. 4-86-CV-30871(S.D. 12 Iowa, July 14, 1994): 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,816 14 33,632 15 Sec. 31. 2017 Iowa Acts, chapter 174, section 62, subsection 16 1, is amended to read as follows: 17 1. There is appropriated from the general fund of the 18 state to the department of human services for the fiscal year 19 beginning July 1, 2018, and ending June 30, 2019, the following 20 amounts, or so much thereof as is necessary, to be used for the 21 purposes designated: 22 a. For operation of the state mental health institute at 23 Cherokee as required by chapters 218 and 226 for salaries, 24 support, maintenance, and miscellaneous purposes, and for not 25 more than the following full-time equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,935,127 27 13,870,254 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 162.00 29 b. For operation of the state mental health institute at 30 Independence as required by chapters 218 and 226 for salaries, 31 support, maintenance, and miscellaneous purposes, and for not 32 more than the following full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,756,810 34 17,513,621 35 -43- LSB 5031XC (11) 87 pf/rn 43/ 120
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 204.00 1 Sec. 32. 2017 Iowa Acts, chapter 174, section 63, subsection 2 1, is amended to read as follows: 3 1. There is appropriated from the general fund of the 4 state to the department of human services for the fiscal year 5 beginning July 1, 2018, and ending June 30, 2019, the following 6 amounts, or so much thereof as is necessary, to be used for the 7 purposes designated: 8 a. For the state resource center at Glenwood for salaries, 9 support, maintenance, and miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,943,890 11 16,858,523 12 b. For the state resource center at Woodward for salaries, 13 support, maintenance, and miscellaneous purposes: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,038,517 15 11,386,679 16 Sec. 33. 2017 Iowa Acts, chapter 174, section 64, subsection 17 1, is amended to read as follows: 18 1. There is appropriated from the general fund of the 19 state to the department of human services for the fiscal year 20 beginning July 1, 2018, and ending June 30, 2019, the following 21 amount, or so much thereof as is necessary, to be used for the 22 purpose designated: 23 For costs associated with the commitment and treatment of 24 sexually violent predators in the unit located at the state 25 mental health institute at Cherokee, including costs of legal 26 services and other associated costs, including salaries, 27 support, maintenance, and miscellaneous purposes, and for not 28 more than the following full-time equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,732,373 30 10,864,747 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 112.00 32 132.00 33 Sec. 34. 2017 Iowa Acts, chapter 174, section 65, is amended 34 to read as follows: 35 -44- LSB 5031XC (11) 87 pf/rn 44/ 120
S.F. _____ SEC. 65. FIELD OPERATIONS. There is appropriated from the 1 general fund of the state to the department of human services 2 for the fiscal year beginning July 1, 2018, and ending June 30, 3 2019, the following amount, or so much thereof as is necessary, 4 to be used for the purposes designated: 5 For field operations, including salaries, support, 6 maintenance, and miscellaneous purposes, and for not more than 7 the following full-time equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,242,217 9 49,074,517 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1,583.00 11 1,539.00 12 Priority in filling full-time equivalent positions shall be 13 given to those positions related to child protection services 14 and eligibility determination for low-income families. 15 Sec. 35. 2017 Iowa Acts, chapter 174, section 66, is amended 16 to read as follows: 17 SEC. 66. GENERAL ADMINISTRATION. There is appropriated 18 from the general fund of the state to the department of human 19 services for the fiscal year beginning July 1, 2018, and ending 20 June 30, 2019, the following amount, or so much thereof as is 21 necessary, to be used for the purpose designated: 22 For general administration, including salaries, support, 23 maintenance, and miscellaneous purposes, and for not more than 24 the following full-time equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,016,520 26 13,833,040 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 294.00 28 2. Of the funds appropriated in this section, $75,000 29 $150,000 shall be used to continue the contract for the 30 provision of a program to provide technical assistance, 31 support, and consultation to providers of habilitation services 32 and home and community-based services waiver services for 33 adults with disabilities under the medical assistance program. 34 3. Of the funds appropriated in this section, $25,000 35 -45- LSB 5031XC (11) 87 pf/rn 45/ 120
S.F. _____ $50,000 is transferred to the Iowa finance authority to be 1 used for administrative support of the council on homelessness 2 established in section 16.2D and for the council to fulfill its 3 duties in addressing and reducing homelessness in the state. 4 4. Of the funds appropriated in this section, $100,000 5 $200,000 shall be transferred to and deposited in the 6 administrative fund of the Iowa ABLE savings plan trust 7 created in section 12I.4 , to be used for implementation and 8 administration activities of the Iowa ABLE savings plan trust. 9 5. Of the funds appropriated in this section, $100,000 10 $200,000 is transferred to the economic development authority 11 for the Iowa commission on volunteer services to continue 12 to be used for RefugeeRISE AmeriCorps program established 13 under section 15H.8 for member recruitment and training to 14 improve the economic well-being and health of economically 15 disadvantaged refugees in local communities across Iowa. Funds 16 transferred may be used to supplement federal funds under 17 federal regulations. 18 7. Of the funds appropriated in this section, $300,000 shall 19 be used to contract for children’s well-being collaboratives 20 grants for the development and implementation of children’s 21 well-being collaboratives to establish and coordinate 22 prevention and early intervention services to promote improved 23 mental health and well-being for children and families, as 24 enacted in 2017 Iowa Acts, chapter 174, section 88. 25 8. The department of human services shall submit the 26 strategic plan to create and implement a children’s mental 27 health system submitted to the governor by the children’s 28 system state board established by Executive Order Number Two 29 issued April 23, 2018, to the general assembly by November 15, 30 2018. 31 Sec. 36. 2017 Iowa Acts, chapter 174, section 67, is amended 32 to read as follows: 33 SEC. 67. DEPARTMENT-WIDE DUTIES. There is appropriated 34 from the general fund of the state to the department of human 35 -46- LSB 5031XC (11) 87 pf/rn 46/ 120
S.F. _____ services for the fiscal year beginning July 1, 2018, and ending 1 June 30, 2019, the following amount, or so much thereof as is 2 necessary, to be used for the purposes designated: 3 For salaries, support, maintenance, and miscellaneous 4 purposes at facilities under the purview of the department of 5 human services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,439,637 7 2,879,274 8 Sec. 37. 2017 Iowa Acts, chapter 174, section 68, is amended 9 to read as follows: 10 SEC. 68. VOLUNTEERS. There is appropriated from the general 11 fund of the state to the department of human services for the 12 fiscal year beginning July 1, 2018, and ending June 30, 2019, 13 the following amount, or so much thereof as is necessary, to be 14 used for the purpose designated: 15 For development and coordination of volunteer services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,343 17 84,686 18 Sec. 38. 2017 Iowa Acts, chapter 174, section 70, subsection 19 1, paragraph f, subparagraph (1), is amended to read as 20 follows: 21 (1) For the fiscal year beginning July 1, 2018, 22 reimbursement rates for home health agencies shall continue to 23 be based on the Medicare low utilization payment adjustment 24 (LUPA) methodology with state geographic wage adjustments and 25 shall be adjusted to increase the rates to the extent possible 26 within the $1,000,000 of state funding appropriated for this 27 purpose . The department shall continue to update the rates 28 every two years to reflect the most recent Medicare LUPA rates 29 to the extent possible within the state funding appropriated 30 for this purpose. 31 Sec. 39. 2017 Iowa Acts, chapter 174, section 70, subsection 32 1, paragraphs j and k, are amended to read as follows: 33 j. For the fiscal year beginning July 1, 2018, unless 34 otherwise specified in this Act, all noninstitutional medical 35 -47- LSB 5031XC (11) 87 pf/rn 47/ 120
S.F. _____ assistance provider reimbursement rates shall remain at the 1 rates in effect on June 30, 2018, except for area education 2 agencies, local education agencies, infant and toddler 3 services providers, home and community-based services providers 4 including consumer-directed attendant care providers under a 5 section 1915(c) or 1915(i) waiver, targeted case management 6 providers, and those providers whose rates are required to be 7 determined pursuant to section 249A.20 , or to meet federal 8 mental health parity requirements . 9 k. Notwithstanding any provision to the contrary, for the 10 fiscal year beginning July 1, 2018, the reimbursement rate 11 for anesthesiologists shall be adjusted to implement the cost 12 containment strategies authorized for the medical assistance 13 program in this 2017 Act remain at the rate in effect on June 14 30, 2018, and updated on January 1, 2019, to align with the 15 most current Iowa Medicare anesthesia base rate . 16 Sec. 40. 2017 Iowa Acts, chapter 174, section 70, subsection 17 11, is amended to read as follows: 18 11. a. For the fiscal year beginning July 1, 2018, 19 Effective July 1, 2018, the child care provider reimbursement 20 rates shall remain at the rates in effect on June 30, 2018. 21 Effective January 1, 2019, for child care providers reimbursed 22 under the state child care assistance program, the department 23 shall set utilize $3,000,000 of the amount appropriated for 24 child care assistance under this division to increase provider 25 reimbursement rates based on the rate reimbursement survey 26 completed in December 2004 2014 . Effective July 1, 2018, 27 the child care provider reimbursement rates shall remain at 28 the rates in effect on June 30, 2018. The department shall 29 increase the lowest rate that is furthest from the fiftieth 30 percentile to a rate consistent with the relative percentage of 31 the second lowest rate as compared to the fiftieth percentile. 32 As funds remain available, the department shall increase 33 the subsequent lowest rates in a similar manner until the 34 $3,000,000 is projected to be fully expended in the fiscal 35 -48- LSB 5031XC (11) 87 pf/rn 48/ 120
S.F. _____ year. The department shall set rates in a manner so as to 1 provide incentives for a nonregistered provider to become 2 registered by applying the increase only to registered and 3 licensed providers. 4 b. Effective January 1, 2019, for infant and toddler 5 child care providers reimbursed under the state child 6 care assistance program, the department shall set provider 7 reimbursement rates at the seventy-fifth percentile of the rate 8 reimbursement survey completed in December 2014, within the 9 expected increase for the federal child care and development 10 block grant expenditure requirement for infant and toddler 11 quality improvement, subject to quality rating system criteria 12 developed pursuant to section 237A.30. The department shall 13 set rates in a manner so as to provide incentives for a 14 nonregistered provider to become registered by applying the 15 increase only to registered and licensed providers. 16 Sec. 41. 2017 Iowa Acts, chapter 174, section 70, subsection 17 13, is amended by striking the subsection. 18 Sec. 42. REPEAL. 2017 Iowa Acts, chapter 174, section 69, 19 is repealed. 20 DIVISION VI 21 HEALTH CARE ACCOUNTS AND FUNDS —— FY 2018-2019 22 Sec. 43. 2017 Iowa Acts, chapter 174, section 75, is amended 23 to read as follows: 24 SEC. 75. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is 25 appropriated from the pharmaceutical settlement account created 26 in section 249A.33 to the department of human services for the 27 fiscal year beginning July 1, 2018, and ending June 30, 2019, 28 the following amount, or so much thereof as is necessary, to be 29 used for the purpose designated: 30 Notwithstanding any provision of law to the contrary, to 31 supplement the appropriations made in this Act for medical 32 contracts under the medical assistance program for the fiscal 33 year beginning July 1, 2018, and ending June 30, 2019: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 35 -49- LSB 5031XC (11) 87 pf/rn 49/ 120
S.F. _____ 1,446,266 1 Sec. 44. 2017 Iowa Acts, chapter 174, section 76, is amended 2 to read as follows: 3 SEC. 76. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF HUMAN 4 SERVICES. Notwithstanding any provision to the contrary and 5 subject to the availability of funds, there is appropriated 6 from the quality assurance trust fund created in section 7 249L.4 to the department of human services for the fiscal year 8 beginning July 1, 2018, and ending June 30, 2019, the following 9 amounts, or so much thereof as is necessary, for the purposes 10 designated: 11 To supplement the appropriation made in this Act from the 12 general fund of the state to the department of human services 13 for medical assistance for the same fiscal year: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,352,604 15 36,705,208 16 Sec. 45. 2017 Iowa Acts, chapter 174, section 77, is amended 17 to read as follows: 18 SEC. 77. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 19 DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to 20 the contrary and subject to the availability of funds, there is 21 appropriated from the hospital health care access trust fund 22 created in section 249M.4 to the department of human services 23 for the fiscal year beginning July 1, 2018, and ending June 24 30, 2019, the following amounts, or so much thereof as is 25 necessary, for the purposes designated: 26 To supplement the appropriation made in this Act from the 27 general fund of the state to the department of human services 28 for medical assistance for the same fiscal year: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,960,277 30 33,920,554 31 DIVISION VII 32 PRIOR YEAR APPROPRIATIONS AND OTHER PROVISIONS 33 FEDERAL FUNDING 34 Sec. 46. 2017 Iowa Acts, chapter 165, section 13, subsection 35 -50- LSB 5031XC (11) 87 pf/rn 50/ 120
S.F. _____ 3, paragraphs b and e, are amended to read as follows: 1 b. Child and family services: 2 (1) FFY 2017-2018: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,672,390 4 8,022,390 5 (2) FFY 2018-2019: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,672,390 7 8,272,390 8 e. For distribution to counties for state case services 9 provided for persons with mental illness, intellectual 10 disability, or a developmental disability in accordance with 11 section 331.440 , Code 2013, or in accordance with a dispute 12 resolution process implemented in accordance with section 13 331.394, subsections 5 or 6 : 14 (1) FFY 2017-2018: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 16 250,000 17 (2) FFY 2018-2019: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 600,000 19 0 20 Moneys appropriated in this lettered paragraph “e” 21 that remain unencumbered or unallocated at the close of a 22 federal fiscal year shall not revert but shall be retained 23 by the department and used to supplement amounts otherwise 24 appropriated for child and family services under paragraph “b”. 25 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) 26 Sec. 47. 2017 Iowa Acts, chapter 174, section 6, is amended 27 to read as follows: 28 SEC. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 29 GRANT. There is appropriated from the fund created in section 30 8.41 to the department of human services for the fiscal year 31 beginning July 1, 2017, and ending June 30, 2018, from moneys 32 received under the federal temporary assistance for needy 33 families (TANF) block grant pursuant to the federal Personal 34 Responsibility and Work Opportunity Reconciliation Act of 1996, 35 -51- LSB 5031XC (11) 87 pf/rn 51/ 120
S.F. _____ Pub. L. No. 104-193, and successor legislation, the following 1 amounts, or so much thereof as is necessary, to be used for the 2 purposes designated: 3 1. To be credited to the family investment program account 4 and used for assistance under the family investment program 5 under chapter 239B : 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,112,462 7 4,539,006 8 2. To be credited to the family investment program account 9 and used for the job opportunities and basic skills (JOBS) 10 program and implementing family investment agreements in 11 accordance with chapter 239B : 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,575,693 13 5,412,060 14 3. To be used for the family development and 15 self-sufficiency grant program in accordance with section 16 216A.107 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,898,980 18 2,883,980 19 Notwithstanding section 8.33 , moneys appropriated in this 20 subsection that remain unencumbered or unobligated at the close 21 of the fiscal year shall not revert but shall remain available 22 for expenditure for the purposes designated until the close of 23 the succeeding fiscal year. However, unless such moneys are 24 encumbered or obligated on or before September 30, 2018, the 25 moneys shall revert. 26 4. For field operations: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,296,232 28 5. For general administration: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,744,000 30 6. For state child care assistance: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,866,826 32 53,603,561 33 a. Of the funds appropriated in this subsection, 34 $26,328,097 $26,205,412 is transferred to the child care 35 -52- LSB 5031XC (11) 87 pf/rn 52/ 120
S.F. _____ and development block grant appropriation made by the 1 Eighty-seventh General Assembly, 2017 session, for the federal 2 fiscal year beginning October 1, 2017, and ending September 30, 3 2018. Of this amount, $200,000 shall be used for provision 4 of educational opportunities to registered child care home 5 providers in order to improve services and programs offered 6 by this category of providers and to increase the number of 7 providers. The department may contract with institutions 8 of higher education or child care resource and referral 9 centers to provide the educational opportunities. Allowable 10 administrative costs under the contracts shall not exceed 5 11 percent. The application for a grant shall not exceed two 12 pages in length. 13 b. Any funds appropriated in this subsection remaining 14 unallocated shall be used for state child care assistance 15 payments for families who are employed including but not 16 limited to individuals enrolled in the family investment 17 program. 18 7. For child and family services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 20 8. For child abuse prevention grants: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 22 9. For pregnancy prevention grants on the condition that 23 family planning services are funded: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,067 25 1,913,203 26 Pregnancy prevention grants shall be awarded to programs 27 in existence on or before July 1, 2017, if the programs have 28 demonstrated positive outcomes. Grants shall be awarded to 29 pregnancy prevention programs which are developed after July 30 1, 2017, 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 -53- LSB 5031XC (11) 87 pf/rn 53/ 120
S.F. _____ 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 10. For technology needs and other resources necessary 5 to meet federal welfare reform reporting, tracking, and case 6 management requirements: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,037,186 8 294,155 9 11. a. Notwithstanding any provision to the contrary, 10 including but not limited to requirements in section 8.41 or 11 provisions in 2016 or 2017 Iowa Acts regarding the receipt and 12 appropriation of federal block grants, federal funds from the 13 temporary assistance for needy families block grant received by 14 the state and not otherwise appropriated in this section and 15 remaining available for the fiscal year beginning July 1, 2017, 16 are appropriated to the department of human services to the 17 extent as may be necessary to be used in the following priority 18 order: the family investment program, for state child care 19 assistance program payments for families who are employed, and 20 for the family investment program share of costs to develop and 21 maintain a new, integrated eligibility determination system. 22 The federal funds appropriated in this paragraph “a” shall be 23 expended only after all other funds appropriated in subsection 24 1 for assistance under the family investment program, in 25 subsection 6 for child care assistance, or in subsection 10 26 for technology costs related to the family investment program, 27 as applicable, have been expended. For the purposes of this 28 subsection, the funds appropriated in subsection 6, paragraph 29 “a”, for transfer to the child care and development block grant 30 appropriation are considered fully expended when the full 31 amount has been transferred. 32 b. The department shall, on a quarterly basis, advise the 33 legislative services agency and department of management of 34 the amount of funds appropriated in this subsection that was 35 -54- LSB 5031XC (11) 87 pf/rn 54/ 120
S.F. _____ expended in the prior quarter. 1 12. Of the amounts appropriated in this section, 2 $12,962,008 for the fiscal year beginning July 1, 2017, is 3 transferred to the appropriation of the federal social services 4 block grant made to the department of human services for that 5 fiscal year. 6 13. For continuation of the program providing categorical 7 eligibility for the food assistance program as specified 8 for the program in the section of this division of this Act 9 relating to the family investment program account: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,000 11 14,236 12 14. The department may transfer funds allocated in this 13 section to the appropriations made in this division of this Act 14 for the same fiscal year for general administration and field 15 operations for resources necessary to implement and operate the 16 services referred to in this section and those funded in the 17 appropriation made in this division of this Act for the same 18 fiscal year for the family investment program from the general 19 fund of the state. 20 15. With the exception of moneys allocated under this 21 section for the family development and self-sufficiency grant 22 program, to the extent moneys allocated in this section are 23 deemed by the department not to be necessary to support the 24 purposes for which they are allocated, such moneys may be 25 credited used in the same fiscal year for any other purpose for 26 which funds are allocated in this section or in section 7 of 27 this division for the family investment program account. If 28 there are competing needs, priority shall first be given to the 29 family investment program account as specified under subsection 30 1 of this section and used for the purposes of assistance 31 under the family investment program in accordance with chapter 32 239B in the same fiscal year , followed by state child care 33 assistance program payments for families who are employed, 34 followed by other priorities as specified by the department . 35 -55- LSB 5031XC (11) 87 pf/rn 55/ 120
S.F. _____ MEDICAID TRANSFERS TO SUPPORT REVIEWS AND QUALITY CONTROL 1 ACTIVITIES 2 Sec. 48. 2017 Iowa Acts, chapter 174, section 12, subsection 3 8, is amended to read as follows: 4 8. A portion of the funds appropriated in this section 5 may be transferred to the appropriations in this division of 6 this Act for general administration, medical contracts, the 7 children’s health insurance program, or field operations to be 8 used for the state match cost to comply with the payment error 9 rate measurement (PERM) program for both the medical assistance 10 and children’s health insurance programs as developed by the 11 centers for Medicare and Medicaid services of the United States 12 department of health and human services to comply with the 13 federal Improper Payments Information Act of 2002, Pub. L. 14 No. 107-300 , and to support other reviews and quality control 15 activities to improve the integrity of these programs . 16 STATE SUPPLEMENTARY ASSISTANCE 17 Sec. 49. 2017 Iowa Acts, chapter 174, section 14, is amended 18 by adding the following new subsection: 19 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 20 appropriated in this section that remain unencumbered or 21 unobligated at the close of the fiscal year shall not revert 22 but shall remain available for expenditure for the purposes 23 designated until the close of the succeeding fiscal year. 24 JUVENILE INSTITUTION 25 Sec. 50. 2017 Iowa Acts, chapter 174, section 17, is amended 26 by adding the following new subsection: 27 NEW SUBSECTION . 3. Notwithstanding section 8.33, moneys 28 appropriated in this section that remain unencumbered or 29 unobligated at the close of the fiscal year shall not revert 30 but shall remain available for expenditure for the purposes 31 designated until the close of the succeeding fiscal year. 32 MENTAL HEALTH INSTITUTES 33 Sec. 51. 2017 Iowa Acts, chapter 174, section 23, is amended 34 by adding the following new subsection: 35 -56- LSB 5031XC (11) 87 pf/rn 56/ 120
S.F. _____ NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 1 appropriated in this section that remain unencumbered or 2 unobligated at the close of the fiscal year shall not revert 3 but shall remain available for expenditure for the purposes 4 designated until the close of the succeeding fiscal year. 5 STATE RESOURCE CENTERS 6 Sec. 52. 2017 Iowa Acts, chapter 174, section 24, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION . 6. Notwithstanding section 8.33, and 9 notwithstanding the amount limitation specified in section 10 222.92, moneys appropriated in this section that remain 11 unencumbered or unobligated at the close of the fiscal year 12 shall not revert but shall remain available for expenditure 13 for the purposes designated until the close of the succeeding 14 fiscal year. 15 SEXUALLY VIOLENT PREDATORS 16 Sec. 53. 2017 Iowa Acts, chapter 174, section 25, is amended 17 by adding the following new subsection: 18 NEW SUBSECTION . 3. Notwithstanding section 8.33, moneys 19 appropriated in this section that remain unencumbered or 20 unobligated at the close of the fiscal year shall not revert 21 but shall remain available for expenditure for the purposes 22 designated until the close of the succeeding fiscal year. 23 Sec. 54. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 Sec. 55. RETROACTIVE APPLICABILITY. This division of this 26 Act applies retroactively to July 1, 2017. 27 DIVISION VIII 28 DECATEGORIZATION 29 Sec. 56. DECATEGORIZATION CARRYOVER FUNDING —— TRANSFER TO 30 MEDICAID PROGRAM. Notwithstanding section 232.188, subsection 31 5, paragraph “b”, any state appropriated moneys in the funding 32 pool that remained unencumbered or unobligated at the close 33 of the fiscal year beginning July 1, 2015, and were deemed 34 carryover funding to remain available for the two succeeding 35 -57- LSB 5031XC (11) 87 pf/rn 57/ 120
S.F. _____ fiscal years that still remain unencumbered or unobligated at 1 the close of the fiscal year beginning July 1, 2017, shall 2 not revert but shall be transferred to the medical assistance 3 program for the fiscal year beginning July 1, 2018. 4 Sec. 57. EFFECTIVE DATE. This division of this Act, being 5 deemed of immediate importance, takes effect upon enactment. 6 Sec. 58. RETROACTIVE APPLICABILITY. This division of this 7 Act applies retroactively to July 1, 2017. 8 DIVISION IX 9 STATE CASES 10 Sec. 59. Section 218.99, Code 2018, is amended to read as 11 follows: 12 218.99 Counties to be notified of patients’ personal 13 accounts. 14 The administrator in control of a state institution shall 15 direct the business manager of each institution under the 16 administrator’s jurisdiction which is mentioned in section 17 331.424, subsection 1 , paragraph “a” , subparagraphs (1) and 18 (2), and for which services are paid under section 331.424A , 19 to quarterly inform the county of residence of any patient or 20 resident who has an amount in excess of two hundred dollars on 21 account in the patients’ personal deposit fund and the amount 22 on deposit. The administrators shall direct the business 23 manager to further notify the county of residence at least 24 fifteen days before the release of funds in excess of two 25 hundred dollars or upon the death of the patient or resident. 26 If the patient or resident has no residency in this state 27 or the person’s residency is unknown so that the person is 28 deemed to be a state case , notice shall be made to the director 29 of human services and the administrator in control of the 30 institution involved. 31 Sec. 60. Section 222.60, subsection 1, paragraph b, Code 32 2018, is amended to read as follows: 33 b. The state when the person is a resident in another state 34 or in a foreign country, or when the person’s residence is 35 -58- LSB 5031XC (11) 87 pf/rn 58/ 120
S.F. _____ unknown. The payment responsibility shall be deemed to be a 1 state case. 2 Sec. 61. Section 222.60, subsection 2, paragraph b, Code 3 2018, is amended to read as follows: 4 b. The cost of a regional administrator-required diagnosis 5 and an evaluation is at the mental health and disability 6 services region’s expense. For a state case When a person is 7 a resident in another state or in a foreign country, or when 8 the persons’ residence is unknown , the state may apply the 9 diagnosis and evaluation provisions of this subsection at the 10 state’s expense. 11 Sec. 62. Section 222.65, subsection 1, Code 2018, is amended 12 to read as follows: 13 1. If the administrator concurs with a certified 14 determination as to residency of the person so that the 15 person is deemed a state case in another state or in a foreign 16 country, or the person’s residence is unknown under section 17 222.60 , the administrator shall cause the person either to be 18 transferred to a resource center or a special unit or to be 19 transferred to the place of foreign residency. 20 Sec. 63. Section 222.66, Code 2018, is amended to read as 21 follows: 22 222.66 Transfers —— state cases no residency in the state or 23 residency unknown —— expenses. 24 1. The transfer to a resource center or a special unit or 25 to the place of residency of a person with an intellectual 26 disability who has no residence in this state or whose 27 residency is unknown, shall be made in accordance with such 28 directions as shall be prescribed by the administrator and 29 when practicable by employees of the state resource center or 30 the special unit. The actual and necessary expenses of such 31 transfers shall be paid by the department on itemized vouchers 32 sworn to by the claimants and approved by the administrator and 33 the approved amount is appropriated to the department from any 34 funds in the state treasury not otherwise appropriated. 35 -59- LSB 5031XC (11) 87 pf/rn 59/ 120
S.F. _____ 2. The case of a person with an intellectual disability 1 who is determined to have no residence in this state or whose 2 residence is unknown shall be considered a state case. 3 Sec. 64. Section 222.67, Code 2018, is amended to read as 4 follows: 5 222.67 Charge on finding of residency. 6 If a person has been received into a resource center or a 7 special unit as a patient whose residency is unknown and the 8 administrator determines that the residency of the patient 9 was at the time of admission in a county of this state, the 10 administrator shall certify the determination and charge 11 all legal costs and expenses pertaining to the admission 12 and support of the patient to the county of residence. The 13 certification shall be sent to the county of residence. The 14 certification shall be accompanied by a copy of the evidence 15 supporting the determination. If the person’s residency status 16 has been determined in accordance with section 331.394 , the 17 legal costs and expenses shall be charged to the county or as a 18 state case in accordance with that determination. The costs 19 and expenses shall be collected as provided by law in other 20 cases. 21 Sec. 65. Section 222.70, Code 2018, is amended to read as 22 follows: 23 222.70 Residency disputes. 24 If a dispute arises between counties or between the 25 department and a county as to the residency of a person 26 admitted to a resource center , or a special unit , or a 27 community-based service , the dispute shall be resolved as 28 provided in section 331.394 . 29 Sec. 66. Section 226.45, Code 2018, is amended to read as 30 follows: 31 226.45 Reimbursement to county or state. 32 If a patient is not receiving medical assistance under 33 chapter 249A and the amount to in the account of any patient 34 in the patients’ personal deposit fund exceeds two hundred 35 -60- LSB 5031XC (11) 87 pf/rn 60/ 120
S.F. _____ dollars, the business manager of the hospital may apply any 1 of the excess to reimburse the county of residence or the 2 state for a state case when the patient is a resident in 3 another state or in a foreign country, or when the patient’s 4 residence is unknown for liability incurred by the county or 5 the state for the payment of care, support and maintenance of 6 the patient, when billed by the county of residence or by the 7 administrator for a state case when the patient is a resident 8 in another state or in a foreign country, or when the patient’s 9 residence is unknown . 10 Sec. 67. Section 230.1, subsection 1, paragraph b, Code 11 2018, is amended to read as follows: 12 b. By the state as a state case if such person has no 13 residence in this state, if the person’s residence is unknown, 14 or if the person is under eighteen years of age. 15 Sec. 68. Section 230.2, Code 2018, is amended to read as 16 follows: 17 230.2 Finding of residence. 18 If a person’s residency status is disputed, the residency 19 shall be determined in accordance with section 331.394 . 20 Otherwise, the district court may, when the person is 21 ordered placed in a hospital for psychiatric examination and 22 appropriate treatment, or as soon thereafter as the court 23 obtains the proper information, make one of the following 24 determinations and enter of record whether the residence of the 25 person is in a county or the person is deemed to be a state case 26 a resident in another state or in a foreign country, or when 27 the person’s residence is unknown , as follows: 28 1. That the person’s residence is in the county from which 29 the person was placed in the hospital. 30 2. That the person’s residence is in another county of the 31 state. 32 3. That the person’s residence is in a foreign state or 33 country and the person is deemed to be a state case . 34 4. That the person’s residence is unknown and the person is 35 -61- LSB 5031XC (11) 87 pf/rn 61/ 120
S.F. _____ deemed to be a state case . 1 Sec. 69. Section 230.8, Code 2018, is amended to read as 2 follows: 3 230.8 Transfers of persons with mental illness —— expenses. 4 The transfer to any state hospitals or to the places of their 5 residence of persons with mental illness who have no residence 6 in this state or whose residence is unknown and deemed to be a 7 state case , shall be made according to the directions of the 8 administrator, and when practicable by employees of the state 9 hospitals. The actual and necessary expenses of such transfers 10 shall be paid by the department on itemized vouchers sworn to 11 by the claimants and approved by the administrator. 12 Sec. 70. Section 230.9, Code 2018, is amended to read as 13 follows: 14 230.9 Subsequent discovery of residence. 15 If, after a person has been received by a state hospital 16 for persons with mental illness as a state case patient 17 whose residence is supposed to be outside this state, the 18 administrator determines that the residence of the person 19 was, at the time of admission or commitment, in a county of 20 this state, the administrator shall certify the determination 21 and charge all legal costs and expenses pertaining to the 22 admission or commitment and support of the person to the county 23 of residence. The certification shall be sent to the county 24 of residence. The certification shall be accompanied by a 25 copy of the evidence supporting the determination. The costs 26 and expenses shall be collected as provided by law in other 27 cases. If the person’s residency status has been determined in 28 accordance with section 331.394 , the legal costs and expenses 29 shall be charged to the county of residence or as a state case 30 in accordance with that determination. 31 Sec. 71. Section 230.11, Code 2018, is amended to read as 32 follows: 33 230.11 Recovery of costs from state. 34 Costs and expenses attending the taking into custody, 35 -62- LSB 5031XC (11) 87 pf/rn 62/ 120
S.F. _____ care, and investigation of a person who has been admitted 1 or committed to a state hospital, United States department 2 of veterans affairs hospital, or other agency of the United 3 States government, for persons with mental illness and who 4 has no residence in this state or whose residence is unknown, 5 including cost of commitment, if any, shall be paid as a state 6 case as approved by the administrator. The amount of the costs 7 and expenses approved by the administrator is appropriated 8 to the department from any money in the state treasury 9 not otherwise appropriated. Payment shall be made by the 10 department on itemized vouchers executed by the auditor of the 11 county which has paid them, and approved by the administrator. 12 Sec. 72. Section 249A.26, subsection 2, paragraph b, Code 13 2018, is amended to read as follows: 14 b. The state shall pay for one hundred percent of the 15 nonfederal share of the costs of case management provided for 16 adults, day treatment, partial hospitalization, and the home 17 and community-based services waiver services for persons who 18 have no residence in this state or whose residence is unknown 19 so that the persons are deemed to be state cases . 20 Sec. 73. Section 249A.26, subsection 7, Code 2018, is 21 amended by striking the subsection. 22 Sec. 74. Section 331.394, Code 2018, is amended to read as 23 follows: 24 331.394 County of residence —— services to residents —— 25 service authorization appeals —— disputes between counties or 26 regions and the department . 27 1. For the purposes of this section , unless the context 28 otherwise requires: 29 a. “County of residence” means the county in this state in 30 which, at the time a person applies for or receives services, 31 the person is living and has established an ongoing presence 32 with the declared, good faith intention of living in the 33 county for a permanent or indefinite period of time. The 34 county of residence of a person who is a homeless person 35 -63- LSB 5031XC (11) 87 pf/rn 63/ 120
S.F. _____ is the county where the homeless person usually sleeps. A 1 person maintains residency in the county or state in which the 2 person last resided while the person is present in another 3 county or this state receiving services in a hospital, a 4 correctional facility, a halfway house for community-based 5 corrections or substance-related treatment, a nursing facility, 6 an intermediate care facility for persons with an intellectual 7 disability, or a residential care facility, or for the purpose 8 of attending a college or university. 9 b. “Homeless person” means the same as defined in section 10 48A.2 . 11 c. “Mental health professional” means the same as defined 12 in section 228.1 . 13 d. “Person” means a person who is a United States citizen or 14 a qualified alien as defined in 8 U.S.C. §1641. 15 2. If a person appeals a decision regarding a service 16 authorization or other services-related decision made by a 17 regional administrator that cannot be resolved informally, 18 the appeal shall be heard in a contested case proceeding by a 19 state administrative law judge. The administrative law judge’s 20 decision shall be considered final agency action under chapter 21 17A . 22 3. If a service authorization or other services-related 23 decision made by a regional administrator concerning a person 24 varies from the type and amount of service identified to be 25 necessary for the person in a clinical determination made by a 26 mental health professional and the mental health professional 27 believes that failure to provide the type and amount of service 28 identified could cause an immediate danger to the person’s 29 health or safety, the person may request an expedited review 30 of the regional administrator’s decision to be made by the 31 department of human services. An expedited review held in 32 accordance with this subsection is subject to the following 33 procedures: 34 a. The request for the expedited review shall be filed 35 -64- LSB 5031XC (11) 87 pf/rn 64/ 120
S.F. _____ within five business days of receiving the notice of decision 1 by the regional administrator. The request must be in writing, 2 plainly state the request for an expedited review in the 3 caption and body of the request, and be supported by written 4 documentation from the mental health professional who made the 5 clinical determination stating how the notice of decision on 6 services could cause an immediate danger to the person’s health 7 or safety. 8 b. The expedited review shall be performed by a mental 9 health professional, who is either the administrator of the 10 division of mental health and disability services of the 11 department of human services or the administrator’s designee. 12 If the administrator is not a mental health professional, 13 the expedited review shall be performed by a designee of the 14 administrator who is a mental health professional and is free 15 of any conflict of interest to perform the expedited review. 16 The expedited review shall be performed within two business 17 days of the time the request is filed. If the reviewer 18 determines the information submitted in connection with the 19 request is inadequate to perform the review, the reviewer shall 20 request the submission of additional information and the review 21 shall be performed within two business days of the time that 22 adequate information is submitted. The regional administrator 23 and the person, with the assistance of the mental health 24 professional who made the clinical determination, shall each 25 provide a brief statement of facts, conclusions, and reasons 26 for the decision made. Supporting clinical information shall 27 also be attached. All information related to the proceedings 28 and any related filings shall be considered to be mental health 29 information subject to chapter 228 . 30 c. The administrator or designee shall issue an order, 31 including a brief statement of findings of fact, conclusions of 32 law, and policy reasons for the order, to justify the decision 33 made concerning the expedited review. If the decision concurs 34 with the contention that there is an immediate danger to the 35 -65- LSB 5031XC (11) 87 pf/rn 65/ 120
S.F. _____ person’s health or safety, the order shall identify the type 1 and amount of service which shall be provided for the person. 2 The administrator or designee shall give such notice as is 3 practicable to persons who are required to comply with the 4 order. The order is effective when issued. 5 d. The decision of the administrator or designee shall be 6 considered a final agency action and is subject to judicial 7 review in accordance with section 17A.19 . The record for 8 judicial review consists of any documents regarding the matter 9 that were considered or prepared by the administrator or 10 designee. The administrator or designee shall maintain these 11 documents as the official record of the decision. If the 12 matter is appealed to the district court, the record shall be 13 filed as confidential. 14 4. If a county of residence is part of a mental health and 15 disability services region that has agreed to pool funding and 16 liability for services, the responsibilities of the county 17 under law regarding such services shall be performed on behalf 18 of the county by the regional administrator. The county of 19 residence or the county’s mental health and disability services 20 region, as applicable, is responsible for paying the public 21 costs of the mental health and disability services that are 22 not covered by the medical assistance program under chapter 23 249A and are provided in accordance with the region’s approved 24 service management plan to persons who are residents of the 25 county or region. 26 5. a. The dispute resolution process implemented in 27 accordance with this subsection applies to residency disputes. 28 The dispute resolution process is not applicable to disputes 29 involving persons committed to a state facility pursuant to 30 chapter 812 or rule of criminal procedure 2.22 , Iowa court 31 rules, or to disputes involving service authorization decisions 32 made by a region. 33 b. If a county , or region , or the department , as applicable, 34 receives a billing for services provided to a resident 35 -66- LSB 5031XC (11) 87 pf/rn 66/ 120
S.F. _____ in another county or region, or objects to a residency 1 determination certified by the department or another county’s 2 or region’s regional administrator and asserts either that the 3 person has residency in another county or region or the person 4 is not a resident of this state or the person’s residency is 5 unknown so that the person is deemed a state case , the person’s 6 residency status shall be determined as provided in this 7 subsection . The county or region shall notify the department 8 of the county’s or region’s assertion within one hundred twenty 9 days of receiving the billing. If the county or region asserts 10 that the person has residency in another county or region, 11 that the county or region shall be notified at the same time 12 as the department. If the department disputes a residency 13 determination certification made by a regional administrator, 14 the department shall notify the affected counties or regions of 15 the department’s assertion notify the other county or region 16 within one hundred twenty days of receiving the billing for 17 services . 18 c. The department, county , or region that received the 19 notification, as applicable, shall respond to the party that 20 provided the notification within forty-five days of receiving 21 the notification. If the parties cannot agree to a settlement 22 as to the person’s residency status within ninety days of the 23 date of notification, on motion of any of the parties, the 24 matter shall be referred to the department of inspections and 25 appeals for a contested case hearing under chapter 17A before 26 an administrative law judge assigned in accordance with section 27 10A.801 to determine the person’s residency status. 28 d. (1) The administrative law judge’s determination 29 of the person’s residency status shall be considered final 30 agency action, notwithstanding contrary provisions of section 31 17A.15 . The party that does not prevail in the determination 32 or subsequent judicial review is liable for costs associated 33 with the proceeding, including reimbursement of the department 34 of inspections and appeals’ actual costs associated with 35 -67- LSB 5031XC (11) 87 pf/rn 67/ 120
S.F. _____ the administrative proceeding. Judicial review of the 1 determination may be sought in accordance with section 17A.19 . 2 (2) If following the determination of a person’s residency 3 status in accordance with this subsection , additional evidence 4 becomes available that merits a change in that determination, 5 the parties affected may change the determination by mutual 6 agreement. Otherwise, a party may move that the matter be 7 reconsidered by the department, county , or region, or by the 8 administrative law judge. 9 e. (1) Unless a petition is filed for judicial review, 10 the administrative law judge’s determination of the person’s 11 residency status shall result in one of the following: 12 (a) If a county or region is determined to be the person’s 13 residence, the county or region shall pay the amounts due and 14 shall reimburse any other amounts paid for services provided by 15 the other county or region or the department on the person’s 16 behalf prior to the determination. 17 (b) If it is determined that the person is not a resident 18 of this state or the person’s residency is unknown so that the 19 person is deemed to be a state case, the department shall pay 20 the amounts due and shall reimburse the county or region, as 21 applicable, for any payment made on behalf of the person prior 22 to the determination neither the region in which the services 23 were provided nor the state shall be liable for payment of 24 amounts due for services provided to the person prior to the 25 determination . 26 (2) The payment or reimbursement shall be remitted within 27 forty-five days of the date the determination was issued. 28 After the forty-five-day period, a penalty of not greater than 29 one percent per month may be added to the amount due. 30 6. a. The dispute resolution process implemented in 31 accordance with this subsection applies beginning July 1, 2012, 32 to billing disputes between the state and a county or region, 33 other than residency disputes or other dispute processes under 34 this section , involving the responsibility for service costs 35 -68- LSB 5031XC (11) 87 pf/rn 68/ 120
S.F. _____ for services provided on or after July 1, 2011, under any of 1 the following: 2 (1) Chapter 221 . 3 (2) Chapter 222 . 4 (3) Chapter 229 . 5 (4) Chapter 230 . 6 (5) Chapter 249A . 7 (6) Chapter 812 . 8 b. If a county, region, or the department, as applicable, 9 disputes a billing for service costs listed in paragraph “a” , 10 the dispute shall be resolved as provided in this subsection . 11 The county or region shall notify the department of the 12 county’s or region’s assertion within ninety days of receiving 13 the billing. However, for services provided on or after July 14 1, 2011, for which a county has received the billing as of July 15 1, 2012, the county shall notify the department of the county’s 16 assertion on or before October 1, 2012. If the department 17 disputes such a billing of a regional administrator, the 18 department shall notify the affected counties or regions of the 19 department’s assertion. 20 c. The department, county, or region that received the 21 notification, as applicable, shall respond to the party 22 that provided the notification within forty-five days of 23 receiving the notification. If the parties cannot agree to a 24 settlement as to the dispute within ninety days of the date 25 of notification, on motion of any of the parties, the matter 26 shall be referred to the department of inspections and appeals 27 for a contested case hearing under chapter 17A before an 28 administrative law judge assigned in accordance with section 29 10A.801 to determine facts and issue a decision to resolve the 30 dispute. 31 d. (1) The administrative law judge’s decision is a final 32 agency action, notwithstanding contrary provisions of section 33 17A.15 . The party that does not prevail in the decision or 34 subsequent judicial review is liable for costs associated with 35 -69- LSB 5031XC (11) 87 pf/rn 69/ 120
S.F. _____ the proceeding, including reimbursement of the department of 1 inspections and appeals’ actual costs associated with the 2 administrative proceeding. Judicial review of the decision may 3 be sought in accordance with section 17A.19 . 4 (2) If following the decision regarding a dispute in 5 accordance with this subsection , additional evidence becomes 6 available that merits a change in that decision, the parties 7 affected may change the decision by mutual agreement. 8 Otherwise, a party may move that the matter be reconsidered by 9 the department, county, or region, or by the administrative law 10 judge. 11 e. (1) Unless a petition is filed for judicial review, 12 the administrative law judge’s decision regarding a disputed 13 billing shall result in one of the following: 14 (a) If a county or region is determined to be responsible 15 for the disputed amounts, the county or region shall pay 16 the amounts due and shall reimburse any other amounts paid 17 for services provided by the other county or region or the 18 department on the person’s behalf prior to the decision. 19 (b) If it is determined that the state is responsible for 20 the disputed amounts, the state shall pay the amounts due and 21 shall reimburse the county or region, as applicable, for any 22 payment made on behalf of the person prior to the decision. 23 (2) The payment or reimbursement shall be remitted within 24 forty-five days of the date the decision was issued. After 25 the forty-five-day period, a penalty of not greater than one 26 percent per month may be added to the amount due. 27 Sec. 75. REPEAL. Section 226.9C, Code 2018, is repealed. 28 DIVISION X 29 IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING 30 Sec. 76. IOWA DEPARTMENT ON AGING —— MEDICAID CLAIMING. The 31 department on aging and the department of human services shall 32 collaborate to develop a cost allocation plan requesting 33 Medicaid administrative funding to provide for the claiming 34 of federal financial participation for aging and disability 35 -70- LSB 5031XC (11) 87 pf/rn 70/ 120
S.F. _____ resource center activities that are performed to assist with 1 administration of the Medicaid program. By January 1, 2019, 2 the department of human services shall submit to the centers 3 for Medicare and Medicaid services of the United States 4 department of health and human services any Medicaid state plan 5 amendment as necessary and shall enter into an interagency 6 agreement with the department on aging to implement this 7 section. 8 Sec. 77. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 DIVISION XI 11 EXECUTIVE DIRECTOR —— DEPARTMENT OF VETERANS AFFAIRS 12 Sec. 78. 2008 Iowa Acts, chapter 1191, section 14, 13 subsection 3, is amended to read as follows: 14 3. The following are range 3 positions: administrator of 15 the division of criminal and juvenile justice planning of the 16 department of human rights, administrator of the division of 17 community action agencies of the department of human rights, 18 executive director of the department of veterans affairs, and 19 chairperson and members of the employment appeal board of the 20 department of inspections and appeals. 21 Sec. 79. 2008 Iowa Acts, chapter 1191, section 14, 22 subsection 5, as amended by 2013 Iowa Acts, chapter 123, 23 section 63, is amended to read as follows: 24 5. The following are range 5 positions: administrator of 25 the division of homeland security and emergency management of 26 the department of public defense, state public defender, drug 27 policy coordinator, labor commissioner, workers’ compensation 28 commissioner, director of the department of cultural affairs, 29 director of the department of elder affairs, director of the 30 law enforcement academy, members of the property assessment 31 appeal board, executive director of the department of veterans 32 affairs, and administrator of the historical division of the 33 department of cultural affairs. 34 Sec. 80. EFFECTIVE DATE. This division of this Act, being 35 -71- LSB 5031XC (11) 87 pf/rn 71/ 120
S.F. _____ deemed of immediate importance, takes effect upon enactment. 1 DIVISION XII 2 FAMILY PLANNING SERVICES PROGRAM 3 Sec. 81. Section 217.41B, subsection 3, Code 2018, is 4 amended to read as follows: 5 3. a. (1) Distribution of family planning services program 6 funds shall not be made to any entity that performs abortions 7 or that maintains or operates a facility where abortions 8 are performed , which shall not be interpreted to include a 9 nonpublic entity that is a distinct location of a nonprofit 10 health care delivery system, if the distinct location provides 11 family planning services but does not perform abortions 12 or maintain or operate as a facility where abortions are 13 performed . 14 (2) The department of human services shall adopt rules 15 pursuant to chapter 17A to require that as a condition of 16 eligibility as a provider under the family planning services 17 program, each distinct location of a nonprofit health care 18 delivery system shall enroll in the program as a separate 19 provider, be assigned a distinct provider identification 20 number, and complete an attestation that abortions are not 21 performed at the distinct location. 22 (3) For the purposes of this section, “nonprofit health 23 care delivery system” means an Iowa nonprofit corporation 24 that controls, directly or indirectly, a regional health 25 care network consisting of hospital facilities and various 26 ambulatory and clinic locations that provide a range of 27 primary, secondary, and tertiary inpatient, outpatient, and 28 physician services. 29 b. For the purposes of this section , “abortion” does not 30 include any of the following: 31 a. (1) The treatment of a woman for a physical 32 disorder, physical injury, or physical illness, including a 33 life-endangering physical condition caused by or arising from 34 the pregnancy itself, that would, as certified by a physician, 35 -72- LSB 5031XC (11) 87 pf/rn 72/ 120
S.F. _____ place the woman in danger of death. 1 b. (2) The treatment of a woman for a spontaneous abortion, 2 commonly known as a miscarriage, when not all of the products 3 of human conception are expelled. 4 DIVISION XIII 5 PROVISIONAL REGIONALIZATION AUTHORIZATION 6 Sec. 82. Section 331.389, subsection 1, paragraphs b and c, 7 Code 2018, are amended to read as follows: 8 b. The director of human services shall exempt a county 9 from being required to enter into a regional service system if 10 the county furnishes evidence that the county complies with 11 the requirements in subsection 3 , paragraphs “c” , “d” , “e” , 12 and “f” , and is able to provide the core services required 13 by law to the county’s residents in a manner that is as cost 14 effective and with outcomes that are at least equal to what 15 could be provided to the residents if the county would provide 16 the services through a regional service system. The director 17 shall identify criteria for evaluating the evidence provided by 18 counties applying for the exemption. The criteria identified 19 shall be specified in rule adopted by the state commission. 20 c. b. If a county has been exempted pursuant to this 21 subsection prior to July 1, 2014, from the requirement to enter 22 into a regional service system, the county and the county’s 23 board of supervisors shall fulfill all requirements under 24 this chapter and chapter 225C for a regional service system, 25 regional service system management plan, regional governing 26 board, and regional administrator, and any other provisions 27 applicable to a region of counties providing local mental 28 health and disability services. 29 Sec. 83. Section 331.389, subsection 2, Code 2018, is 30 amended to read as follows: 31 2. The director of human services shall approve any region 32 meeting the requirements of subsection 3 . However, the 33 director of human services, in consultation with the state 34 commission, may grant a waiver from the requirement relating to 35 -73- LSB 5031XC (11) 87 pf/rn 73/ 120
S.F. _____ the minimum number of counties if there is convincing evidence 1 that compliance with such requirement is not workable. 2 Sec. 84. Section 331.389, subsection 3, paragraph a, Code 3 2018, is amended to read as follows: 4 a. The counties comprising the region are contiguous except 5 that a region may include a county that is not contiguous with 6 any of the other counties in the region, if the county that is 7 not contiguous has had a formal relationship for two years or 8 longer with one or more of the other counties in the region for 9 the provision of mental health and disability services . 10 Sec. 85. Section 331.389, subsection 4, paragraph c, Code 11 2018, is amended to read as follows: 12 c. During the period of April 2, 2013, through July 1, 13 2013, the department shall work with any county that has not 14 agreed to be part of a region in accordance with paragraph 15 “a” and with the regions forming around the county to resolve 16 issues preventing the county from joining a region. By July 17 1, 2013, a county that has not agreed to be part of a region 18 in accordance with paragraph “a” shall be assigned by the 19 department to a region, unless exempted pursuant to subsection 20 1 prior to July 1, 2014 . 21 Sec. 86. Section 331.389, subsection 4, paragraph e, 22 unnumbered paragraph 1, Code 2018, is amended to read as 23 follows: 24 On or before June 30, 2014, unless exempted pursuant to 25 subsection 1 prior to July 1, 2014 , all counties shall be 26 in compliance with all of the following mental health and 27 disability services region implementation criteria: 28 Sec. 87. Section 331.424A, subsection 8, Code 2018, is 29 amended to read as follows: 30 8. a. For the fiscal year beginning July 1, 2017, the 31 regional per capita expenditure target amount is the sum of the 32 base expenditure amount for all counties in the region divided 33 by the population of the region. However, a regional per 34 capita expenditure target amount shall not exceed the statewide 35 -74- LSB 5031XC (11) 87 pf/rn 74/ 120
S.F. _____ per capita expenditure target amount. For the fiscal year 1 beginning July 1, 2018, and each subsequent fiscal year, the 2 regional per capita expenditure target amount for each region 3 is equal to the regional per capita expenditure target amount 4 for the fiscal year beginning July 1, 2017. 5 b. Notwithstanding paragraph “a” , for the fiscal year 6 beginning July 1, 2019, the regional per capita expenditure 7 target amount for a region formed pursuant to the section of 8 this Act which authorizes regionalization is the sum of the 9 base expenditure amount for all counties in the region divided 10 by the population of the region. However, the regional per 11 capita expenditure target amount shall not exceed the statewide 12 per capita expenditure target amount. For the fiscal year 13 beginning July 1, 2020, and each subsequent fiscal year, the 14 regional per capita expenditure target amount for the region 15 shall be equal to the regional per capita expenditure target 16 amount for the fiscal year beginning July 1, 2019. 17 Sec. 88. MENTAL HEALTH AND DISABILITY SERVICES —— 18 REGIONALIZATION AUTHORIZATION. 19 1. Upon receiving a request from any county within the 20 county social services mental health and disability services 21 region to be removed from the region, the director of human 22 services may authorize the county to join with other counties 23 requesting to be removed from the county social services mental 24 health and disability services region in the formation of a 25 proposed new mental health and disability services region. 26 2. County formation of a proposed new mental health and 27 disability services region pursuant to this section is subject 28 to all of the following: 29 a. The aggregate population of all counties forming 30 the region is at least 100,000 and includes at least one 31 incorporated city with a population of more than 24,000. For 32 purposes of this subparagraph, “population” means the same as 33 defined in section 331.388, subsection 3, Code 2018. 34 b. Notwithstanding section 331.389, subsection 4, on or 35 -75- LSB 5031XC (11) 87 pf/rn 75/ 120
S.F. _____ before February 1, 2019, the counties forming the region have 1 complied with section 331.389, subsection 3, as amended in 2 this division of this Act, and all of the following additional 3 requirements: 4 (1) The board of supervisors of each county forming the 5 region has voted to approve a chapter 28E agreement. 6 (2) The duly authorized representatives of all the counties 7 forming the region have signed a chapter 28E agreement that is 8 in compliance with section 331.392 and 441 IAC 25.14. 9 (3) The county board of supervisors’ or supervisors’ 10 designee members and other members of the region’s governing 11 board are appointed in accordance with section 331.390. 12 (4) Executive staff for the region’s regional administrator 13 are identified or engaged. 14 (5) The regional service management plan is developed in 15 accordance with section 331.393 and 441 IAC 25.18 and 441 IAC 16 25.21 and is submitted to the department. 17 (6) The initial regional service management plan shall 18 identify the service provider network for the region, identify 19 the information technology and data management capacity to be 20 employed to support regional functions, and establish business 21 functions, accounting procedures, and other administrative 22 processes. 23 c. Each county forming the region shall submit the 24 compliance information required in paragraph “b” to the 25 director of human services on or before February 1, 2019. 26 Within 45 days of receipt of such information, the director 27 of human services shall determine if the region is in full 28 compliance and shall approve the region if the region has met 29 all of the requirements of this section. 30 d. The director of human services shall work with a county 31 making a request under this section that has not agreed or 32 is unable to join the proposed new region to resolve issues 33 preventing the county from joining the proposed new region. 34 e. By February 1, 2019, the director of human services shall 35 -76- LSB 5031XC (11) 87 pf/rn 76/ 120
S.F. _____ assign a county making a request under this section that has 1 not reached an agreement to be part of the proposed new region 2 to an existing region or to the new proposed region, consistent 3 with this section. 4 3. If approved by the department, the region shall commence 5 full operations no later than July 1, 2019. 6 Sec. 89. EFFECTIVE DATE. This division of this Act, being 7 deemed of immediate importance, takes effect upon enactment. 8 DIVISION XIV 9 MANDATORY REPORTER TRAINING AND CERTIFICATION WORKGROUP 10 Sec. 90. DEPARTMENT OF HUMAN SERVICES —— MANDATORY REPORTER 11 TRAINING AND CERTIFICATION WORKGROUP. The department of human 12 services, in cooperation with the departments of education 13 and public health, shall facilitate a study by a workgroup of 14 stakeholders to make recommendations relating to mandatory 15 child abuse and mandatory dependent adult abuse reporter 16 training and certification requirements. The workgroup shall 17 develop interdepartmental strategies for improving mandatory 18 child abuse and mandatory dependent adult abuse reporter 19 training and certification requirements. The workgroup 20 shall consist of representatives from the departments of 21 human services, education, public health, public safety, and 22 human rights, the department on aging, and the office of the 23 attorney general; a court appointed special advocate; and other 24 experts the department of human services deems necessary. The 25 membership of the workgroup shall also include four members of 26 the general assembly. The legislative members shall serve as 27 ex officio, nonvoting members of the workgroup, with one member 28 to be appointed by each of the following: the majority leader 29 of the senate, the minority leader of the senate, the speaker 30 of the house of representatives, and the minority leader of the 31 house of representatives. The workgroup shall submit a report 32 with recommendations, including but not limited to strategies 33 developed and other proposed improvements, to the governor and 34 the general assembly on or before December 15, 2018. 35 -77- LSB 5031XC (11) 87 pf/rn 77/ 120
S.F. _____ DIVISION XV 1 NURSING FACILITY QUALITY ASSURANCE ASSESSMENT 2 Sec. 91. Section 249L.3, subsection 1, paragraph d, Code 3 2018, is amended to read as follows: 4 d. The aggregate quality assurance assessments imposed under 5 this chapter shall not exceed the lower of three percent of the 6 aggregate non-Medicare revenues of a nursing facility or the 7 maximum amount that may be assessed pursuant to the indirect 8 guarantee threshold as established pursuant to 42 C.F.R. 9 §433.68(f)(3)(i), and shall be stated on a per-patient-day 10 basis. 11 Sec. 92. Section 249L.4, subsection 2, Code 2018, is amended 12 to read as follows: 13 2. Moneys in the trust fund shall be used, subject to 14 their appropriation by the general assembly, by the department 15 only for reimbursement of nursing facility services for which 16 federal financial participation under the medical assistance 17 program is available to match state funds. Any moneys Moneys 18 appropriated from the trust fund for reimbursement of nursing 19 facilities, in addition to the quality assurance assessment 20 pass-through and the quality assurance assessment rate add-on 21 which shall be used as specified in subsection 5 , paragraph “b” , 22 shall be used in a manner such that no less than thirty-five 23 percent of the amount received by a nursing facility is used 24 for increases in compensation and costs of employment for 25 direct care workers, and no less than sixty percent of the 26 total is used to increase compensation and costs of employment 27 for all nursing facility staff. For the purposes of use of 28 such funds, “direct care worker” , “nursing facility staff” , 29 “increases in compensation” , and “costs of employment” mean as 30 defined or specified in this chapter . 31 Sec. 93. DIRECTIVES TO DEPARTMENT OF HUMAN SERVICES. 32 1. The department of human services shall request approval 33 from the centers for Medicare and Medicaid services of the 34 United States department of health and human services for any 35 -78- LSB 5031XC (11) 87 pf/rn 78/ 120
S.F. _____ waiver or state plan amendment necessary to administer this 1 division of this Act. 2 2. The change in the quality assurance assessment shall 3 accrue beginning on the first day of the calendar quarter 4 following the date of approval of any waiver or state plan 5 amendment. 6 DIVISION XVI 7 SEXUAL OFFENSES AND SEX OFFENDERS 8 Sec. 94. Section 229A.2, subsection 4, Code 2018, is amended 9 to read as follows: 10 4. “Discharge” means an unconditional discharge from the 11 sexually violent predator program. A person released from a 12 secure facility into a transitional release program or released 13 with or without supervision is not considered to be discharged. 14 Sec. 95. Section 229A.5B, subsection 1, unnumbered 15 paragraph 1, Code 2018, is amended to read as follows: 16 A person who is detained pursuant to section 229A.5 or is 17 subject to an order of civil commitment under this chapter 18 shall remain in custody unless released by court order or 19 discharged under section 229A.8 or 229A.10 . A person who has 20 been placed in a transitional release program or who is under 21 release with or without supervision is considered to be in 22 custody. A person in custody under this chapter shall not do 23 any of the following: 24 Sec. 96. Section 229A.5C, subsection 4, Code 2018, is 25 amended to read as follows: 26 4. A person who committed a public offense while in a 27 transitional release program or on release with or without 28 supervision may be returned to a secure facility operated by 29 the department of human services upon completion of any term 30 of confinement that resulted from the commission of the public 31 offense. 32 Sec. 97. Section 229A.6A, subsection 1, paragraph d, Code 33 2018, is amended to read as follows: 34 d. To a facility for placement or treatment in a 35 -79- LSB 5031XC (11) 87 pf/rn 79/ 120
S.F. _____ transitional release program or for release with or without 1 supervision. A transport order is not required under this 2 paragraph. 3 Sec. 98. Section 229A.7, subsection 7, Code 2018, is amended 4 to read as follows: 5 7. The control, care, and treatment of a person determined 6 to be a sexually violent predator shall be provided at a 7 facility operated by the department of human services. At all 8 times prior to placement in a transitional release program 9 or release with or without supervision, persons committed 10 for control, care, and treatment by the department of human 11 services pursuant to this chapter shall be kept in a secure 12 facility and those patients shall be segregated at all times 13 from any other patient under the supervision of the department 14 of human services. A person committed pursuant to this chapter 15 to the custody of the department of human services may be kept 16 in a facility or building separate from any other patient 17 under the supervision of the department of human services. 18 The department of human services may enter into a chapter 19 28E agreement with the department of corrections or other 20 appropriate agency in this state or another state for the 21 confinement of patients who have been determined to be sexually 22 violent predators. Patients who are in the custody of the 23 director of the department of corrections pursuant to a chapter 24 28E agreement and who have not been placed in a transitional 25 release program or released with or without supervision shall 26 be housed and managed separately from criminal offenders in 27 the custody of the director of the department of corrections, 28 and except for occasional instances of supervised incidental 29 contact, shall be segregated from those offenders. 30 Sec. 99. Section 229A.8B, subsection 3, Code 2018, is 31 amended to read as follows: 32 3. Upon the return of the committed person to a secure 33 facility, the director of human services or the director’s 34 designee shall notify the court that issued the ex parte order 35 -80- LSB 5031XC (11) 87 pf/rn 80/ 120
S.F. _____ that the absconder has been returned to a secure facility, and 1 the court shall set a hearing within five days to determine if 2 a violation occurred. If a court order was not issued, the 3 director or the director’s designee shall contact the nearest 4 district court with jurisdiction to set a hearing to determine 5 whether a violation of the rules or directives occurred. The 6 court shall schedule a hearing within five days of after 7 receiving notice that the committed person has been returned 8 from the transitional release program to a secure facility. 9 Sec. 100. Section 229A.9A, Code 2018, is amended to read as 10 follows: 11 229A.9A Release with or without supervision. 12 1. In any proceeding under section 229A.8 , the court may 13 order the committed person released with or without supervision 14 if any of the following apply: 15 a. The attorney general stipulates to the release with or 16 without supervision. 17 b. The court or jury has determined that the person should 18 be discharged released from the program a secure facility or 19 a transitional release program , but the court has determined 20 the person suffers from a mental abnormality and it is in the 21 best interest of the community to order release with or without 22 supervision before the committed person is discharged. 23 2. If release with or without supervision is ordered, the 24 department of human services shall prepare within sixty days of 25 the order of the court a release plan addressing the person’s 26 needs for counseling, medication, community support services, 27 residential services, vocational services, alcohol or other 28 drug abuse treatment, sex offender treatment, or any other 29 treatment or supervision necessary. 30 3. The court shall set a hearing on the release plan 31 prepared by the department of human services before the 32 committed person is released from a secure facility or a 33 transitional release program. 34 4. If the court orders release with supervision, the court 35 -81- LSB 5031XC (11) 87 pf/rn 81/ 120
S.F. _____ shall order supervision by an agency with jurisdiction that 1 is familiar with the placement of criminal offenders in the 2 community. The agency with jurisdiction shall be responsible 3 for initiating proceedings for violations of the release plan 4 as provided in section 229A.9B . If the court orders release 5 without supervision, the agency with jurisdiction shall also be 6 responsible for initiating proceedings for any violations of 7 the release plan as provided in section 229A.9B . 8 5. A committed person may not petition the court for release 9 with or without supervision. 10 6. A committed person released with or without supervision 11 is not considered discharged from civil commitment under this 12 chapter . 13 7. After being released with or without supervision, the 14 person may petition the court for discharge as provided in 15 section 229A.8 . 16 8. The court shall retain jurisdiction over the committed 17 person who has been released with or without supervision until 18 the person is discharged from the program. The department 19 of human services or a judicial district department of 20 correctional services shall not be held liable for any acts 21 committed by a committed person who has been ordered released 22 with or without supervision. 23 Sec. 101. Section 229A.9B, Code 2018, is amended to read as 24 follows: 25 229A.9B Violations of release with or without supervision. 26 1. If a committed person violates the release plan, the 27 agency with jurisdiction over the person may request the 28 district court to issue an emergency ex parte order directing 29 any law enforcement officer to take the person into custody 30 so that the person can be returned to a secure facility. 31 The request for an ex parte order may be made orally or by 32 telephone, but the original written request or a facsimile copy 33 of the request shall be filed with the clerk of court no later 34 than 4:30 p.m. on the next business day the office of the clerk 35 -82- LSB 5031XC (11) 87 pf/rn 82/ 120
S.F. _____ of court is open. 1 2. If a committed person has absconded in violation of the 2 conditions of the person’s release plan, a presumption arises 3 that the person poses a risk to public safety. The department 4 of human services or contracting agency, in cooperation with 5 local law enforcement agencies, may make a public announcement 6 about the absconder. The public announcement may include a 7 description of the committed person, that the committed person 8 is on release with or without supervision from the sexually 9 violent predator program, and any other information pertinent 10 to public safety. 11 3. Upon the return of the committed person to a secure 12 facility, the director of human services or the director’s 13 designee shall notify the court that issued the ex parte 14 order that the committed person has been returned to a secure 15 facility, and the court shall set hearing within five days to 16 determine if a violation occurred. If a court order was not 17 issued, the director or the director’s designee shall contact 18 the nearest district court with jurisdiction to set a hearing 19 to determine whether a violation of the conditions of the 20 release plan occurred. The court shall schedule a hearing 21 within five days of after receiving notice that the committed 22 person has been returned to a secure facility. 23 4. At the hearing, the burden shall be upon the attorney 24 general to show by a preponderance of the evidence that a 25 violation of the release plan occurred. 26 5. If the court determines a violation occurred, the court 27 shall receive release recommendations from the department of 28 human services and either order that the committed person be 29 returned to release with or without supervision or placed 30 in a transitional release program, or be confined in a 31 secure facility. The court may impose further conditions 32 upon the committed person if returned to release with or 33 without supervision or placed in the transitional release 34 program. If the court determines no violation occurred, the 35 -83- LSB 5031XC (11) 87 pf/rn 83/ 120
S.F. _____ committed person shall be returned to release with or without 1 supervision. 2 Sec. 102. Section 232.68, subsection 2, paragraph a, 3 subparagraph (3), Code 2018, is amended to read as follows: 4 (3) The commission of a sexual offense with or to a child 5 pursuant to chapter 709 , section 726.2 , or section 728.12, 6 subsection 1 , as a result of the acts or omissions of the 7 person responsible for the care of the child or of a person who 8 is fourteen years of age or older and resides in a home with 9 the child. Notwithstanding section 702.5 , the commission of 10 a sexual offense under this subparagraph includes any sexual 11 offense referred to in this subparagraph with or to a person 12 under the age of eighteen years. 13 Sec. 103. Section 232.68, subsection 2, paragraph a, 14 subparagraph (9), Code 2018, is amended to read as follows: 15 (9) (a) Knowingly A person who is responsible for the 16 care of a child knowingly allowing a person another person 17 custody or of, control of over , or unsupervised access to a 18 child or minor child under the age of fourteen or a child with 19 a physical or mental disability , after knowing the person 20 other person is required to register or is on the sex offender 21 registry under chapter 692A for a violation of section 726.6 . 22 (b) This subparagraph does not apply in any of the following 23 circumstances: 24 (i) A child living with a parent or guardian who is a sex 25 offender required to register or on the sex offender registry 26 under chapter 692A. 27 (ii) A child living with a parent or guardian who is married 28 to and living with a sex offender required to register or on 29 the sex offender registry under chapter 692A. 30 (iii) A child who is a sex offender required to register or 31 on the sex offender registry under chapter 692A who is living 32 with the child’s parent, guardian, or foster parent and is also 33 living with the child to whom access was allowed. 34 (c) For purposes of this subparagraph, “control over” means 35 -84- LSB 5031XC (11) 87 pf/rn 84/ 120
S.F. _____ any of the following: 1 (i) A person who has accepted, undertaken, or assumed 2 supervision of a child from the parent or guardian of the 3 child. 4 (ii) A person who has undertaken or assumed temporary 5 supervision of a child without explicit consent from the parent 6 or guardian of the child. 7 Sec. 104. Section 901A.2, subsection 6, Code 2018, is 8 amended to read as follows: 9 6. A person who has been placed in a transitional release 10 program, released with or without supervision, or discharged 11 pursuant to chapter 229A , and who is subsequently convicted of 12 a sexually predatory offense or a sexually violent offense, 13 shall be sentenced to life in prison on the same terms as 14 a class “A” felon under section 902.1 , notwithstanding any 15 other provision of the Code to the contrary. The terms and 16 conditions applicable to sentences for class “A” felons under 17 chapters 901 through 909 shall apply to persons sentenced under 18 this subsection . However, if the person commits a sexually 19 violent offense which is a misdemeanor offense under chapter 20 709 , the person shall be sentenced to life in prison, with 21 eligibility for parole as provided in chapter 906 . 22 DIVISION XVII 23 MEDICAID RETROACTIVE ELIGIBILITY 24 Sec. 105. 2017 Iowa Acts, chapter 174, section 12, 25 subsection 15, paragraph a, subparagraph (7), is amended to 26 read as follows: 27 (7) (a) Elimination of the three-month retroactive 28 Medicaid coverage benefit for Medicaid applicants effective 29 October 1, 2017. The department shall seek a waiver from 30 the centers for Medicare and Medicaid services of the United 31 States department of health and human services to implement 32 the strategy. If federal approval is received, an applicant’s 33 Medicaid coverage shall be effective on the first day of the 34 month of application, as allowed under the Medicaid state plan. 35 -85- LSB 5031XC (11) 87 pf/rn 85/ 120
S.F. _____ (b) Effective July 1, 2018, a three-month retroactive 1 Medicaid coverage benefit shall apply to a Medicaid applicant 2 who is otherwise Medicaid-eligible and is a resident of a 3 nursing facility licensed under chapter 135C. The department 4 shall seek federal approval for any Medicaid waiver or state 5 plan amendment necessary to implement this subparagraph (b). 6 Sec. 106. EFFECTIVE DATE. This division of this Act, being 7 deemed of immediate importance, takes effect upon enactment. 8 DIVISION XVIII 9 MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER OF FUNDS 10 Sec. 107. MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER 11 OF FUNDS. Notwithstanding section 331.424A, a county with a 12 population of over 300,000 based on the most recent federal 13 decennial census, may transfer funds from any other fund of 14 the county not comprised of revenue generated by a levy to the 15 mental health and disability regional services fund for the 16 purposes of providing mental health and disability services for 17 the fiscal year beginning July 1, 2018, and ending June 30, 18 2019. The county shall submit a report to the governor and the 19 general assembly by September 1, 2019, including the source of 20 any funds transferred, the amount of the funds transferred, and 21 the mental health and disability services provided with the 22 transferred funds. 23 DIVISION XIX 24 MISCELLANEOUS TECHNICAL PROVISIONS 25 Sec. 108. Section 135.15, Code 2018, is amended to read as 26 follows: 27 135.15 Oral and health delivery system bureau established —— 28 responsibilities. 29 An oral and health delivery system bureau is established 30 within the division of health promotion and chronic disease 31 prevention of the department. The bureau shall be responsible 32 for all of the following: 33 1. Providing population-based oral health services, 34 including public health training, improvement of dental support 35 -86- LSB 5031XC (11) 87 pf/rn 86/ 120
S.F. _____ systems for families, technical assistance, awareness-building 1 activities, and educational services, at the state and local 2 level to assist Iowans in maintaining optimal oral health 3 throughout all stages of life. 4 2. Performing infrastructure building and enabling services 5 through the administration of state and federal grant programs 6 targeting access improvement, prevention, and local oral 7 health programs utilizing maternal and child health programs, 8 Medicaid, and other new or existing programs. 9 3. Leveraging federal, state, and local resources for 10 programs under the purview of the bureau. 11 4. Facilitating ongoing strategic planning and application 12 of evidence-based research in oral health care policy 13 development that improves oral health care access and the 14 overall oral health of all Iowans. 15 5. Developing and implementing an ongoing oral health 16 surveillance system for the evaluation and monitoring of 17 the oral health status of children and other underserved 18 populations. 19 6. Facilitating the provision of oral health services 20 through dental homes. For the purposes of this section, 21 “dental home” means a network of individualized care based on 22 risk assessment, which includes oral health education, dental 23 screenings, preventive services, diagnostic services, treatment 24 services, and emergency services. 25 Sec. 109. Section 135.175, subsection 1, paragraph a, Code 26 2018, is amended to read as follows: 27 a. A health care workforce support initiative is established 28 to provide for the coordination and support of various efforts 29 to address the health care workforce shortage in this state. 30 This initiative shall include the medical residency training 31 state matching grants program created in section 135.176 , 32 the nurse residency state matching grants program created in 33 section 135.178, and the fulfilling Iowa’s need for dentists 34 matching grant program created in section 135.179 . 35 -87- LSB 5031XC (11) 87 pf/rn 87/ 120
S.F. _____ Sec. 110. Section 135.175, subsection 5, Code 2018, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . b. The nurse residency state matching grants 3 program account. The nurse residency state matching grants 4 program account shall be under the control of the department 5 and the moneys in the account shall be used for the purposes of 6 the nurse residency state matching grants program as specified 7 in section 135.178. Moneys in the account shall consist of 8 moneys appropriated or allocated for deposit in or received 9 by the fund or the account and specifically dedicated to the 10 nurse residency state matching grants program account for the 11 purposes of such account. 12 Sec. 111. Section 135.175, subsection 6, paragraph a, Code 13 2018, is amended to read as follows: 14 a. Moneys in the fund and the accounts in the fund shall 15 only be appropriated in a manner consistent with the principles 16 specified and the strategic plan developed pursuant to section 17 135.163 to support the medical residency training state 18 matching grants program, the nurse residency state matching 19 grants program, the fulfilling Iowa’s need for dentists 20 matching grant program, and to provide funding for state health 21 care workforce shortage programs as provided in this section . 22 DIVISION XX 23 STATE TRAINING SCHOOL —— ELDORA 24 Sec. 112. Section 233A.1, Code 2018, is amended to read as 25 follows: 26 233A.1 State training school —— Eldora and Toledo . 27 1. Effective January 1, 1992, a diagnosis and evaluation 28 center and other units are established at Eldora the 29 state training school to provide to court-committed 30 male juvenile delinquents a program which focuses upon 31 appropriate developmental skills, treatment, placements, and 32 rehabilitation. 33 2. The diagnosis and evaluation center which is used to 34 identify appropriate treatment and placement alternatives for 35 -88- LSB 5031XC (11) 87 pf/rn 88/ 120
S.F. _____ juveniles and any other units for juvenile delinquents which 1 are located at Eldora and the unit for juvenile delinquents at 2 Toledo shall together be known as the “state training school” . 3 For the purposes of this chapter “director” means the director 4 of human services and “superintendent” means the administrator 5 in charge of the diagnosis and evaluation center for juvenile 6 delinquents and other units at Eldora and the unit for juvenile 7 delinquents at Toledo the state training school . 8 3. The number of children present at any one time at the 9 state training school at Eldora shall not exceed the population 10 guidelines established under 1990 Iowa Acts, ch. 1239, §21 , as 11 adjusted for subsequent changes in the capacity at the training 12 school. 13 Sec. 113. Section 233A.14, Code 2018, is amended to read as 14 follows: 15 233A.14 Transfers to other institutions. 16 The administrator may transfer to the schools state training 17 school minor wards of the state from any institution under the 18 administrator’s charge but no person shall be so transferred 19 who is mentally ill or has an intellectual disability. Any 20 child in the schools state training school who is mentally ill 21 or has an intellectual disability may be transferred by the 22 administrator to the proper state institution. 23 Sec. 114. Section 915.29, subsection 1, unnumbered 24 paragraph 1, Code 2018, is amended to read as follows: 25 The department of human services shall notify a registered 26 victim regarding a juvenile adjudicated delinquent for a 27 violent crime, committed to the custody of the department of 28 human services, and placed at the state training school at 29 Eldora or Toledo , of the following: 30 DIVISION XXI 31 GERIATRIC PATIENT HOUSING REVIEW 32 Sec. 115. GERIATRIC PATIENT HOUSING REVIEW. 33 1. During the 2018 legislative interim, the department 34 on aging and the departments of human services, inspections 35 -89- LSB 5031XC (11) 87 pf/rn 89/ 120
S.F. _____ and appeals, and corrections, cooperatively, shall review 1 issues and develop policy recommendations relating to housing 2 for geriatric persons, including geriatric individuals 3 who are registered on the sex offender registry or who are 4 sexually aggressive. The review shall address all aspects 5 of the issue including the feasibility of private entities 6 utilizing facilities located at Mount Pleasant, Clarinda, 7 or other vacant, state-owned facilities to care for such 8 geriatric persons; related workforce recruitment and training; 9 requirements that a facility must meet in order to receive 10 Medicaid reimbursement; and any other information or issues 11 deemed appropriate by the agencies. 12 2. The agencies shall submit a joint report with 13 recommendations to the governor and general assembly by 14 December 15, 2018. 15 DIVISION XXII 16 DISTRIBUTION OF FEDERAL FUNDS —— RESTRICTIONS —— ABORTION 17 Sec. 116. DISTRIBUTION OF FEDERAL PUBLIC HEALTH SERVICES 18 ACT FUNDS FOR FAMILY PLANNING. 19 1. The department of public health shall annually apply 20 to the United States department of health and human services 21 for grant funding under Tit. X of the federal Public Health 22 Services Act, 42 U.S.C. §300 et seq. The department shall 23 distribute all grant funding received to applicants in the 24 following order of priority: 25 a. Public entities that provide family planning services 26 including state, county, or local community health clinics and 27 federally qualified health centers. 28 b. Nonpublic entities that, in addition to family planning 29 services, provide required primary health services as described 30 in 42 U.S.C. §254b(b)(1)(A). 31 c. Nonpublic entities that provide family planning 32 services but do not provide required primary health services as 33 described in 42 U.S.C. §254b(b)(1)(A). 34 2. Distribution of funds under this section shall be made in 35 -90- LSB 5031XC (11) 87 pf/rn 90/ 120
S.F. _____ a manner that continues access to family planning services. 1 3. Distribution of funds shall not be made to any entity 2 that performs abortions or that maintains or operates a 3 facility where abortions are performed. For the purposes of 4 this section, “abortion” does not include any of the following: 5 a. The treatment of a woman for a physical disorder, 6 physical injury, or physical illness, including a 7 life-endangering physical condition caused by or arising from 8 the pregnancy itself, that would, as certified by a physician, 9 place the woman in danger of death. 10 b. The treatment of a woman for a spontaneous abortion, 11 commonly known as a miscarriage. 12 4. Funds distributed in accordance with this section shall 13 not be used for direct or indirect costs, including but not 14 limited to administrative costs or expenses, overhead, employee 15 salaries, rent, and telephone and other utility costs, related 16 to providing abortions as specified in this section. 17 5. The department of public health shall submit a report to 18 the governor and the general assembly, annually by January 1, 19 listing any entities that received funds pursuant to subsection 20 1, paragraph “c”, and the amount and type of funds received by 21 such entities during the preceding calendar year. The report 22 shall provide a detailed explanation of how the department 23 determined that distribution of funds to such an entity, 24 instead of to an entity described in subsection 1, paragraph 25 “a” or “b”, was necessary to prevent severe limitation or 26 elimination of access to family planning services in the region 27 of the state where the entity is located. 28 Sec. 117. ADMINISTRATION OF PERSONAL RESPONSIBILITY 29 EDUCATION PROGRAM AND ABSTINENCE EDUCATION GRANT PROGRAM 30 FUNDS. Any contract entered into on or after July 1, 2018, 31 by the department of public health to administer the personal 32 responsibility education program as specified in 42 U.S.C. 33 §713 or to administer the abstinence education grant program 34 authorized pursuant to section 510 of Tit. V of the federal 35 -91- LSB 5031XC (11) 87 pf/rn 91/ 120
S.F. _____ Social Security Act, shall exclude as an eligible applicant any 1 applicant entity that provides abortions, maintains or operates 2 a facility where abortions are performed, or regularly makes 3 referrals to an entity that provides abortions or maintains or 4 operates a facility where abortions are performed. For the 5 purposes of this section, such referrals include but are not 6 limited to referrals made by reference to an internet site or 7 by linking to an internet site maintained by an entity that 8 provides abortions or maintains or operates a facility where 9 abortions are performed. 10 Sec. 118. AWARD OF COMMUNITY ADOLESCENT PREGNANCY 11 PREVENTION AND SERVICES PROGRAM GRANT FUNDS. Any contract 12 entered into on or after July 1, 2018, by the department of 13 human services to award a community adolescent pregnancy 14 prevention and services program grant using federal temporary 15 assistance for needy families block grant funds appropriated 16 to the department shall exclude as an eligible applicant any 17 applicant entity that provides abortions, maintains or operates 18 a facility where abortions are performed, or regularly makes 19 referrals to an entity that provides abortions or maintains or 20 operates a facility where abortions are performed. For the 21 purposes of this section, such referrals include but are not 22 limited to referrals made by reference to an internet site or 23 by linking to an internet site maintained by an entity that 24 provides abortions or maintains or operates a facility where 25 abortions are performed. 26 DIVISION XXIII 27 WRONGFUL BIRTH OR WRONGFUL LIFE CAUSE OF ACTION 28 Sec. 119. NEW SECTION . 613.15B Wrongful birth or wrongful 29 life cause of action —— prohibitions —— exceptions. 30 1. A cause of action shall not arise and damages shall not 31 be awarded, on behalf of any person, based on a wrongful birth 32 claim that, but for an act or omission of the defendant, a 33 child would not or should not have been born. 34 2. A cause of action shall not arise and damages shall not 35 -92- LSB 5031XC (11) 87 pf/rn 92/ 120
S.F. _____ be awarded, on behalf of any person, based on a wrongful life 1 claim that, but for an act or omission of the defendant, the 2 person bringing the action would not or should not have been 3 born. 4 3. The prohibitions specified in this section apply to any 5 claim regardless of whether the child is born healthy or with a 6 birth defect or disorder or other adverse medical condition. 7 However, the prohibitions specified in this section shall not 8 apply to any of the following: 9 a. A civil action for damages for an intentional or grossly 10 negligent act or omission, including any act or omission that 11 constitutes a public offense. 12 b. A civil action for damages for the intentional failure 13 of a physician to comply with the duty imposed by licensure 14 pursuant to chapter 148 to provide a patient with all 15 information reasonably necessary to make decisions about a 16 pregnancy. 17 Sec. 120. EFFECTIVE DATE. This division of this Act, being 18 deemed of immediate importance, takes effect upon enactment. 19 Sec. 121. APPLICABILITY. This division of this Act applies 20 on or after the effective date of this division of this Act to 21 causes of action that accrue on or after that date. A cause of 22 action that accrues before the effective date of this division 23 of this Act is governed by the law in effect prior to the 24 effective date of this division of this Act. 25 DIVISION XXIV 26 TRANSFERS OF FUNDS BETWEEN DHS INSTITUTIONS 27 Sec. 122. Section 218.6, Code 2018, is amended to read as 28 follows: 29 218.6 Transfer of appropriations made to institutions. 30 1. Notwithstanding section 8.39, subsection 1 , without the 31 prior written consent and approval of the governor and the 32 director of the department of management, the director of human 33 services may transfer funds between the appropriations made for 34 the institutions, listed as follows: 35 -93- LSB 5031XC (11) 87 pf/rn 93/ 120
S.F. _____ 1. a. The state resource centers. 1 2. b. The state mental health institutes. 2 3. c. The state training school. 3 4. d. The civil commitment unit for sexual offenders. 4 2. The department shall report any transfer made pursuant 5 to subsection 1 during a fiscal quarter to the legislative 6 services agency within thirty days of the beginning of the 7 subsequent fiscal quarter. 8 DIVISION XXV 9 MEDICAL CANNABIDIOL 10 Sec. 123. Section 124E.7, subsections 7 and 8, Code 2018, 11 are amended to read as follows: 12 7. A medical cannabidiol manufacturer shall not employ 13 a person who is under eighteen years of age or who has been 14 convicted of a disqualifying felony offense. An employee 15 of a medical cannabidiol manufacturer shall be subject to a 16 background investigation conducted by the division of criminal 17 investigation of the department of public safety and a national 18 criminal history background check pursuant to section 124E.19 . 19 8. A medical cannabidiol manufacturer owner shall not have 20 been convicted of a disqualifying felony offense and shall be 21 subject to a background investigation conducted by the division 22 of criminal investigation of the department of public safety 23 and a national criminal history background check pursuant to 24 section 124E.19 . 25 Sec. 124. Section 124E.9, subsections 7 and 8, Code 2018, 26 are amended to read as follows: 27 7. A medical cannabidiol dispensary shall not employ a 28 person who is under eighteen years of age or who has been 29 convicted of a disqualifying felony offense. An employee 30 of a medical cannabidiol dispensary shall be subject to a 31 background investigation conducted by the division of criminal 32 investigation of the department of public safety and a national 33 criminal history background check pursuant to section 124E.19 . 34 8. A medical cannabidiol dispensary owner shall not have 35 -94- LSB 5031XC (11) 87 pf/rn 94/ 120
S.F. _____ been convicted of a disqualifying felony offense and shall be 1 subject to a background investigation conducted by the division 2 of criminal investigation of the department of public safety 3 and a national criminal history background check pursuant to 4 section 124E.19 . 5 Sec. 125. Section 124E.10, Code 2018, is amended by striking 6 the section and inserting in lieu thereof the following: 7 124E.10 Fees. 8 All fees collected by the department under this chapter 9 shall be retained by the department for operation of the 10 medical cannabidiol registration card program and the medical 11 cannabidiol manufacturer and medical cannabidiol dispensary 12 licensing programs. The moneys retained by the department 13 shall be considered repayment receipts as defined in section 14 8.2 and shall be used for any of the department’s duties 15 under this chapter, including but not limited to the addition 16 of full-time equivalent positions for program services and 17 investigations. Notwithstanding section 8.33, moneys retained 18 by the department pursuant to this section shall not revert to 19 the general fund of the state but shall remain available for 20 expenditure only for the purposes specified in this section. 21 Sec. 126. NEW SECTION . 124E.19 Background investigations. 22 1. The division of criminal investigation of the 23 department of public safety shall conduct thorough 24 background investigations for the purposes of licensing 25 medical cannabidiol manufacturers and medical cannabidiol 26 dispensaries under this chapter. The results of any background 27 investigation conducted pursuant to this section shall be 28 presented to the department. 29 a. An applicant for a medical cannabidiol manufacturer 30 license or a medical cannabidiol dispensary license and their 31 owners, investors, and employees shall submit all required 32 information on a form prescribed by the department of public 33 safety. 34 b. The department shall charge an applicant for a medical 35 -95- LSB 5031XC (11) 87 pf/rn 95/ 120
S.F. _____ cannabidiol manufacturer license or a medical cannabidiol 1 dispensary license a fee determined by the department of public 2 safety and adopted by the department by rule to defray the 3 costs associated with background investigations conducted 4 pursuant to the requirements of this section. The fee shall 5 be in addition to any other fees charged by the department. 6 The fee may be retained by the department of public safety and 7 shall be considered repayment receipts as defined in section 8 8.2. 9 2. The department shall require an applicant for a medical 10 cannabidiol manufacturer license or a medical cannabidiol 11 dispensary license, their owners and investors, and applicants 12 for employment at a medical cannabidiol manufacturer or 13 medical cannabidiol dispensary to submit fingerprints and other 14 required identifying information to the department on a form 15 prescribed by the department of public safety. The department 16 shall submit the fingerprint cards and other identifying 17 information to the division of criminal investigation of the 18 department of public safety for submission to the federal 19 bureau of investigation for the purpose of conducting a 20 national criminal history record check. The department may 21 require employees and contractors involved in carrying out 22 a background investigation to submit fingerprints and other 23 identifying information for the same purpose. 24 3. The department may enter into a chapter 28E agreement 25 with the department of public safety to meet the requirements 26 of this section. 27 4. An applicant for a medical cannabidiol manufacturer 28 license or a medical cannabidiol dispensary license shall 29 submit information and fees required by this section at the 30 time of application. 31 5. The results of background investigations conducted 32 pursuant to this section shall not be considered public records 33 under chapter 22. 34 Sec. 127. EFFECTIVE UPON ENACTMENT. This division of this 35 -96- LSB 5031XC (11) 87 pf/rn 96/ 120
S.F. _____ Act, being deemed of immediate importance, takes effect upon 1 enactment. 2 DIVISION XXVI 3 DEPARTMENT OF HUMAN SERVICES PROGRAMS AND ACTIVITIES 4 INMATES OF PUBLIC INSTITUTIONS —— MEDICAID 5 Sec. 128. Section 249A.38, Code 2018, is amended to read as 6 follows: 7 249A.38 Inmates of public institutions —— suspension or 8 termination of medical assistance. 9 1. The following conditions shall apply to Following the 10 first thirty days of commitment, the department shall suspend 11 the eligibility of an individual who is an inmate of a public 12 institution as defined in 42 C.F.R. §435.1010 , who is enrolled 13 in the medical assistance program at the time of commitment to 14 the public institution, and who remains eligible for medical 15 assistance as an individual except for the individual’s 16 institutional status : 17 a. The department shall suspend the individual’s 18 eligibility for up to the initial twelve months of the period 19 of commitment. The department shall delay the suspension 20 of eligibility for a period of up to the first thirty days 21 of commitment if such delay is approved by the centers for 22 Medicare and Medicaid services of the United States department 23 of health and human services. If such delay is not approved, 24 the department shall suspend eligibility during the entirety 25 of the initial twelve months of the period of commitment. 26 Claims submitted on behalf of the individual under the medical 27 assistance program for covered services provided during the 28 delay period shall only be reimbursed if federal financial 29 participation is applicable to such claims. 30 b. The department shall terminate an individual’s 31 eligibility following a twelve-month period of suspension 32 of the individual’s eligibility under paragraph “a” , during 33 the period of the individual’s commitment to the public 34 institution . 35 -97- LSB 5031XC (11) 87 pf/rn 97/ 120
S.F. _____ 2. a. A public institution shall provide the department and 1 the social security administration with a monthly report of the 2 individuals who are committed to the public institution and of 3 the individuals who are discharged from the public institution. 4 The monthly report to the department shall include the date 5 of commitment or the date of discharge, as applicable, of 6 each individual committed to or discharged from the public 7 institution during the reporting period. The monthly report 8 shall be made through the reporting system created by the 9 department for public, nonmedical institutions to report inmate 10 populations. Any medical assistance expenditures, including 11 but not limited to monthly managed care capitation payments, 12 provided on behalf of an individual who is an inmate of a 13 public institution but is not reported to the department 14 in accordance with this subsection, shall be the financial 15 responsibility of the respective public institution. 16 b. The department shall provide a public institution with 17 the forms necessary to be used by the individual in expediting 18 restoration of the individual’s medical assistance benefits 19 upon discharge from the public institution. 20 3. This section applies to individuals as specified in 21 subsection 1 on or after January 1, 2012. 22 4. 3. The department may adopt rules pursuant to chapter 23 17A to implement this section. 24 MEDICAID PROGRAM ADMINISTRATION 25 Sec. 129. MEDICAID PROGRAM ADMINISTRATION. 26 1. PROVIDER PROCESSES AND PROCEDURES. 27 a. When all of the required documents and other information 28 necessary to process a claim have been received by a managed 29 care organization, the managed care organization shall 30 either provide payment to the claimant within the timelines 31 specified in the managed care contract or, if the managed 32 care organization is denying the claim in whole or in part, 33 shall provide notice to the claimant including the reasons for 34 such denial consistent with national industry best practice 35 -98- LSB 5031XC (11) 87 pf/rn 98/ 120
S.F. _____ guidelines. 1 b. A managed care organization shall correct any identified 2 system configuration error within a reasonable time frame 3 approved by the department, and shall fully and accurately 4 reprocess claims affected by such errors within thirty days 5 of the successful system correction. The department shall 6 define “system configuration error” as appropriate to include 7 errors in provider data caused by a managed care organization 8 or improper claims edits that result in incorrect payments to 9 providers. 10 c. A managed care organization shall provide written notice 11 to affected individuals at least sixty days prior to making 12 any program or procedural change, as determined necessary by 13 the department. The department shall develop and distribute a 14 list of the types of changes that require the sixty-day notice 15 to the managed care organizations effective July 1, 2018. 16 Such changes may include but are not limited to billing and 17 collection provisions, provider network provisions, member or 18 provider services, and prior authorization requirements. 19 d. The department of human services shall engage dedicated 20 provider relations staff to assist Medicaid providers in 21 resolving billing conflicts with managed care organizations 22 including those involving denied claims, technical omissions, 23 or incomplete information. If the provider relations staff 24 observe trends evidencing fraudulent claims or improper 25 reimbursement, the staff shall forward such evidence to the 26 department of human services for further review. 27 e. The department of human services shall adopt rules 28 pursuant to chapter 17A to require the inclusion by a managed 29 care organization of advanced registered nurse practitioners 30 and physician assistants as primary care providers for the 31 purposes of population health management. 32 f. The department of human services shall provide for the 33 development and shall require the use of standardized Medicaid 34 provider enrollment forms to be used by the department and 35 -99- LSB 5031XC (11) 87 pf/rn 99/ 120
S.F. _____ uniform Medicaid provider credentialing specifications to be 1 used by managed care organizations. 2 2. MEMBER SERVICES AND PROCESSES. 3 a. If a Medicaid member is receiving court-ordered services 4 or treatment for a substance-related disorder pursuant to 5 chapter 125 or for a mental illness pursuant to chapter 229, 6 such services or treatment shall be provided and reimbursed 7 for an initial period of three days before a managed care 8 organization may apply medical necessity criteria to determine 9 the most appropriate services, treatment, or placement for the 10 Medicaid member. 11 b. The department of human services shall maintain and 12 update Medicaid member eligibility files in a timely manner 13 consistent with national industry best practices. 14 c. The department of human services shall utilize an 15 independent, external quality review vendor to complete a 16 review of a random case sample of decreased level of care 17 determinations using national best practices to ensure that 18 appropriate medically necessary services are provided to 19 meet Medicaid member needs. The department shall report the 20 findings of the review to the governor and the general assembly 21 by December 15, 2018, including any plan necessary to address 22 the findings. 23 d. The department of human services, on an annual basis, 24 shall conduct an analysis of all Medicaid member appeals that 25 have been dismissed, withdrawn, or overturned to determine 26 if there are any negative patterns or trends based on the 27 analysis. The services of any member whose appeal is subject 28 to the analysis shall continue for the period during which an 29 interdisciplinary team conducts a new assessment to determine 30 which services are medically necessary for that member, which 31 period shall not exceed ninety days. A report of the analysis 32 and findings shall be submitted to the governor and the general 33 assembly on a biannual basis and the department shall develop a 34 plan as necessary to address any negative patterns or trends 35 -100- LSB 5031XC (11) 87 pf/rn 100/ 120
S.F. _____ identified by the analysis. 1 3. MEDICAID PROGRAM REVIEW AND OVERSIGHT. 2 a. (1) The department of human services shall facilitate a 3 workgroup, in collaboration with representatives of the managed 4 care organizations and health home providers, to review the 5 health home programs. The review shall include all of the 6 following: 7 (a) An analysis of the state plan amendments applicable to 8 health homes. 9 (b) An analysis of the current health home system, including 10 the rationale for any recommended changes. 11 (c) The development of a clear and consistent delivery 12 model linked to program-determined outcomes and data reporting 13 requirements. 14 (d) A work plan to be used in communicating with 15 stakeholders regarding the administration and operation of the 16 health home programs. 17 (2) The department of human services shall submit a 18 report of the workgroup’s findings, recommendations, and 19 any actions taken by December 15, 2018, to the governor and 20 to the Eighty-eighth General Assembly, 2019 session, for 21 consideration. 22 (3) The workgroup and the workgroup’s activities shall 23 not affect the department’s authority to apply or enforce the 24 Medicaid state plan amendment relative to health homes. 25 b. The department of human services, in collaboration 26 with Medicaid providers and managed care organizations, shall 27 initiate a review process to determine the effectiveness of 28 prior authorizations used by the managed care organizations 29 with the goal of making adjustments based on relevant 30 service costs and member outcomes data utilizing existing 31 industry-accepted standards. Prior authorization policies 32 shall comply with existing rules, guidelines, and procedures 33 developed by the centers for Medicare and Medicaid services of 34 the United States department of health and human services. 35 -101- LSB 5031XC (11) 87 pf/rn 101/ 120
S.F. _____ c. The department of human services shall enter into a 1 contract with an independent review organization to perform 2 an audit of a random sample of small dollar claims paid to 3 or denied Medicaid long-term services and supports providers 4 during the first quarter of the 2018 calendar year. The 5 department of human services shall submit a report of 6 the findings of the audit to the governor and the general 7 assembly by February 1, 2019. The department may take any 8 action specified in the managed care contract relative to 9 any claim the auditor determines to be incorrectly paid or 10 denied, subject to appeal by the managed care organization 11 to the director of human services. For the purposes of this 12 paragraph, “small dollar claims” means those claims less than 13 or equal to two thousand five hundred dollars. 14 MEDICAID PROGRAM PHARMACY COPAYMENT 15 Sec. 130. 2005 Iowa Acts, chapter 167, section 42, is 16 amended to read as follows: 17 SEC. 42. COPAYMENTS FOR PRESCRIPTION DRUGS UNDER THE 18 MEDICAL ASSISTANCE PROGRAM. The department of human services 19 shall require recipients of medical assistance to pay the 20 following copayments a copayment of $1 on each prescription 21 filled for a covered prescription drug, including each refill 22 of such prescription , as follows: 23 1. A copayment of $1 on each prescription filled for each 24 covered nonpreferred generic prescription drug . 25 2. A copayment of $1 for each covered preferred brand–name 26 or generic prescription drug. 27 3. A copayment of $1 for each covered nonpreferred 28 brand–name prescription drug for which the cost to the state is 29 up to and including $25. 30 4. A copayment of $2 for each covered nonpreferred 31 brand–name prescription drug for which the cost to the state is 32 more than $25 and up to and including $50. 33 5. A copayment of $3 for each covered nonpreferred 34 brand–name prescription drug for which the cost to the state 35 -102- LSB 5031XC (11) 87 pf/rn 102/ 120
S.F. _____ is more than $50. 1 MEDICAL ASSISTANCE ADVISORY COUNCIL 2 Sec. 131. Section 249A.4B, subsection 2, paragraph a, 3 subparagraphs (27) and (28), Code 2018, are amended by striking 4 the subparagraphs. 5 Sec. 132. MEDICAL ASSISTANCE ADVISORY COUNCIL —— REVIEW OF 6 MEDICAID MANAGED CARE REPORT DATA. The executive committee 7 of the medical assistance advisory council shall review 8 the data collected and analyzed for inclusion in periodic 9 reports to the general assembly, including but not limited 10 to the information and data specified in 2016 Iowa Acts, 11 chapter 1139, section 93, to determine which data points and 12 information should be included and analyzed to more accurately 13 identify trends and issues with, and promote the effective and 14 efficient administration of, Medicaid managed care for all 15 stakeholders. At a minimum, the areas of focus shall include 16 consumer protection, provider network access and safeguards, 17 outcome achievement, and program integrity. The executive 18 committee shall report its findings and recommendations to the 19 medical assistance advisory council for review and comment by 20 October 1, 2018, and shall submit a final report of findings 21 and recommendations to the governor and the general assembly by 22 December 31, 2018. 23 TARGETED CASE MANAGEMENT AND INPATIENT PSYCHIATRIC SERVICES 24 REIMBURSEMENT 25 Sec. 133. Section 249A.31, Code 2018, is amended to read as 26 follows: 27 249A.31 Cost-based reimbursement. 28 1. Providers of individual case management services for 29 persons with an intellectual disability, a developmental 30 disability, or chronic mental illness shall receive cost-based 31 reimbursement for one hundred percent of the reasonable 32 costs for the provision of the services in accordance with 33 standards adopted by the mental health and disability services 34 commission pursuant to section 225C.6 . Effective July 1, 2018, 35 -103- LSB 5031XC (11) 87 pf/rn 103/ 120
S.F. _____ targeted case management services shall be reimbursed based 1 on a statewide fee schedule amount developed by rule of the 2 department pursuant to chapter 17A. 3 2. Effective July 1, 2010 2014 , the department shall apply 4 a cost-based reimbursement methodology for reimbursement of 5 psychiatric medical institution for children providers of 6 inpatient psychiatric services for individuals under twenty-one 7 years of age shall be reimbursed as follows: 8 a. For non-state-owned providers, services shall be 9 reimbursed according to a fee schedule without reconciliation . 10 b. For state-owned providers, services shall be reimbursed 11 at one hundred percent of the actual and allowable cost of 12 providing the service. 13 DIVISION XXVII 14 PREAPPLICATION SCREENING ASSESSMENT 15 Sec. 134. Section 229.5A, Code 2018, is amended to read as 16 follows: 17 229.5A Preapplication screening assessment —— program. 18 Prior to filing an application pursuant to section 229.6 , 19 the clerk of the district court or the clerk’s designee 20 shall inform the interested person referred to in section 21 229.6, subsection 1 , about the option of requesting a 22 preapplication screening assessment through a preapplication 23 screening assessment program, if available. The state court 24 administrator shall prescribe practices and procedures for 25 implementation of the preapplication screening assessment 26 program. 27 Sec. 135. Section 602.1209, subsection 16, Code 2018, is 28 amended to read as follows: 29 16. Prescribe practices and procedures for the 30 implementation of the preapplication screening assessment 31 program referred to in sections section 125.74 and 229.5A . 32 DIVISION XXVIII 33 COVERAGE OF BEHAVIORAL HEALTH SERVICES PROVIDED BY CERTAIN 34 PROVIDERS 35 -104- LSB 5031XC (11) 87 pf/rn 104/ 120
S.F. _____ Sec. 136. Section 249A.15, Code 2018, is amended to read as 1 follows: 2 249A.15 Licensed psychologists eligible for payment —— 3 provisional licensees . 4 1. The department shall adopt rules pursuant to chapter 5 17A entitling psychologists who are licensed pursuant to 6 chapter 154B and psychologists who are licensed in the state 7 where the services are provided and have a doctorate degree 8 in psychology, have had at least two years of clinical 9 experience in a recognized health setting, or have met the 10 standards of a national register of health service providers 11 in psychology, to payment for services provided to recipients 12 of medical assistance, subject to limitations and exclusions 13 the department finds necessary on the basis of federal laws and 14 regulations and of funds available for the medical assistance 15 program. The rules shall also provide that an individual, who 16 holds a provisional license to practice psychology pursuant 17 to section 154B.6, is entitled to payment under this section 18 for services provided to recipients of medical assistance, 19 when such services are provided under the supervision of a 20 supervisor who meets the qualifications determined by the board 21 of psychology by rule, and claims for payment for such services 22 are submitted by the supervisor. 23 2. Entitlement to payment under this section is applicable 24 to services provided to recipients of medical assistance 25 under both the fee-for-service and managed care payment and 26 delivery systems. Neither the fee-for-service nor the managed 27 care payment and delivery system shall impose a practice 28 or supervision restriction which is inconsistent with or 29 more restrictive than the authority already granted by law, 30 including the authority to provide supervision in person or 31 remotely through electronic means as specified by rule of the 32 board of psychology. 33 Sec. 137. Section 249A.15A, Code 2018, is amended to read 34 as follows: 35 -105- LSB 5031XC (11) 87 pf/rn 105/ 120
S.F. _____ 249A.15A Licensed marital and family therapists, licensed 1 master social workers, licensed mental health counselors, and 2 certified alcohol and drug counselors —— temporary licensees . 3 1. The department shall adopt rules pursuant to chapter 4 17A entitling marital and family therapists who are licensed 5 pursuant to chapter 154D to payment for behavioral health 6 services provided to recipients of medical assistance, subject 7 to limitations and exclusions the department finds necessary 8 on the basis of federal laws and regulations. The rules shall 9 also provide that a marital and family therapist, who holds 10 a temporary license to practice marital and family therapy 11 pursuant to section 154D.7, is entitled to payment under this 12 section for behavioral health services provided to recipients 13 of medical assistance, when such services are provided under 14 the supervision of a qualified supervisor as determined by the 15 board of behavioral science by rule, and claims for payment for 16 such services are submitted by the qualified supervisor. 17 2. The department shall adopt rules pursuant to chapter 18 17A entitling master social workers who hold a master’s 19 degree approved by the board of social work, are licensed as 20 a master social worker pursuant to section 154C.3, subsection 21 1 , paragraph “b” , and provide treatment services under the 22 supervision of an independent social worker licensed pursuant 23 to section 154C.3, subsection 1 , paragraph “c” , to payment 24 for behavioral health services provided to recipients of 25 medical assistance, subject to limitations and exclusions the 26 department finds necessary on the basis of federal laws and 27 regulations. 28 3. The department shall adopt rules pursuant to chapter 17A 29 entitling mental health counselors who are licensed pursuant 30 to chapter 154D to payment for behavioral health services 31 provided to recipients of medical assistance, subject to 32 limitations and exclusions the department finds necessary on 33 the basis of federal laws and regulations. The rules shall 34 also provide that a mental health counselor, who holds a 35 -106- LSB 5031XC (11) 87 pf/rn 106/ 120
S.F. _____ temporary license to practice mental health counseling pursuant 1 to section 154D.7, is entitled to payment under this section 2 for behavioral health services provided to recipients of 3 medical assistance, when such services are provided under the 4 supervision of a qualified supervisor as determined by the 5 board of behavioral science by rule, and claims for payment for 6 such services are submitted by the qualified supervisor. 7 4. The department shall adopt rules pursuant to chapter 17A 8 entitling alcohol and drug counselors who are certified by the 9 nongovernmental Iowa board of substance abuse certification to 10 payment for behavioral health services provided to recipients 11 of medical assistance, subject to limitations and exclusions 12 the department finds necessary on the basis of federal laws and 13 regulations. 14 5. Entitlement to payment under this section is applicable 15 to services provided to recipients of medical assistance 16 under both the fee-for-service and managed care payment and 17 delivery systems. Neither the fee-for-service nor the managed 18 care payment and delivery system shall impose a practice 19 or supervision restriction which is inconsistent with or 20 more restrictive than the authority already granted by law, 21 including the authority to provide supervision in person or 22 remotely through electronic means as specified by rule of the 23 applicable licensing board. 24 Sec. 138. NEW SECTION . 514C.32 Services provided by 25 certain licensed master social workers, licensed mental health 26 counselors, and licensed marital and family therapists. 27 1. Notwithstanding section 514C.6, a policy or contract 28 providing for third-party payment or prepayment of health or 29 medical expenses shall include a provision for the payment of 30 necessary behavioral health services provided by any of the 31 following: 32 a. A licensed master social worker who is licensed by the 33 board of social work as a master social worker pursuant to 34 section 154C.3, subsection 1, paragraph “b” , and who provides 35 -107- LSB 5031XC (11) 87 pf/rn 107/ 120
S.F. _____ services under the supervision of an independent social worker 1 licensed pursuant to section 154C.3, subsection 1, paragraph 2 “c” . 3 b. A licensed mental health counselor or a licensed 4 marital and family therapist who holds a temporary license to 5 practice mental health counseling or marital and family therapy 6 pursuant to section 154D.7, and who provides services under 7 the supervision of a qualified supervisor as determined by the 8 board of behavioral science by rule. 9 2. A policy or contract subject to this section shall 10 not impose a practice or supervision restriction which is 11 inconsistent with or more restrictive than the authority 12 already granted by law, including the authority to provide 13 supervision in person or remotely through electronic means as 14 specified by rule of the applicable licensing board. 15 3. The requirements of this section apply to and supersede 16 any conflicting requirements regarding services provided under 17 a policy or contract, which is delivered, issued for delivery, 18 continued, or renewed in this state on or after the effective 19 date of this Act, and apply to and supersede any conflicting 20 requirements regarding services contained in an existing policy 21 or contract on the policy’s or contract’s anniversary or 22 renewal date, whichever is later. 23 4. For the purposes of this section, third-party payment or 24 prepayment includes an individual or group policy of accident 25 or health insurance or individual or group hospital or health 26 care service contract issued pursuant to chapter 509, 514, or 27 514A, an individual or group health maintenance organization 28 contract issued and regulated under chapter 514B, or a 29 preferred provider organization contract regulated pursuant to 30 chapter 514F. 31 5. Nothing in this section shall be interpreted to require 32 an individual or group health maintenance organization or a 33 preferred provider organization or arrangement to provide 34 payment or prepayment for services provided by a licensed 35 -108- LSB 5031XC (11) 87 pf/rn 108/ 120
S.F. _____ master social worker providing behavioral health services 1 under the supervision of an independent social worker, or to 2 a licensed mental health counselor or licensed marital and 3 family therapist who holds a temporary license to practice 4 mental health counseling or marital and family therapy 5 providing behavioral health services under the supervision of 6 a qualified supervisor, as specified in this section, unless 7 the supervising independent social worker or the qualified 8 supervisor, respectively, has entered into a contract or other 9 agreement to provide behavioral health services with the 10 individual or group health maintenance organization or the 11 preferred provider organization or arrangement. 12 Sec. 139. NEW SECTION . 514C.33 Services provided by 13 provisionally licensed psychologists. 14 1. Notwithstanding section 514C.6, a policy or contract 15 providing for third-party payment or prepayment of health or 16 medical expenses shall include a provision for the payment of 17 necessary behavioral health services provided by a person who 18 holds a provisional license to practice psychology pursuant to 19 section 154B.6, and who practices under the supervision of a 20 supervisor who meets the qualifications determined by the board 21 of psychology by rule. 22 2. A policy or contract subject to this section shall 23 not impose a practice or supervision restriction which is 24 inconsistent with or more restrictive than the authority 25 already granted by law, including the authority to provide 26 supervision in person or remotely through electronic means as 27 specified by rule of the board of psychology. 28 3. The requirements of this section apply to and supersede 29 any conflicting requirements regarding services provided under 30 a policy or contract which is delivered, issued for delivery, 31 continued, or renewed in this state on or after the effective 32 date of this Act, and apply to and supersede any conflicting 33 requirements regarding services contained in an existing policy 34 or contract on the policy’s or contract’s anniversary or 35 -109- LSB 5031XC (11) 87 pf/rn 109/ 120
S.F. _____ renewal date, whichever is later. 1 4. For the purposes of this section, third-party payment or 2 prepayment includes an individual or group policy of accident 3 or health insurance or individual or group hospital or health 4 care service contract issued pursuant to chapter 509, 514, or 5 514A, an individual or group health maintenance organization 6 contract issued and regulated under chapter 514B, or a 7 preferred provider organization contract regulated pursuant to 8 chapter 514F. 9 5. Nothing in this section shall be interpreted to require 10 an individual or group health maintenance organization or a 11 preferred provider organization or arrangement to provide 12 payment or prepayment for services provided by a provisionally 13 licensed psychologist providing behavioral health services 14 under the supervision of a supervisor as specified in this 15 section, unless the supervisor has entered into a contract or 16 other agreement to provide behavioral health services with the 17 individual or group health maintenance organization or the 18 preferred provider organization or arrangement. 19 Sec. 140. EFFECTIVE DATE. This division of this Act, being 20 deemed of immediate importance, takes effect upon enactment. 21 DIVISION XXIX 22 PHARMACY BENEFITS MANAGER —— RIGHTS OF COVERED INDIVIDUALS 23 Sec. 141. NEW SECTION . 510B.10 Rights related to covered 24 individuals. 25 1. A pharmacy or pharmacist, as defined in section 155A.3, 26 has the right to provide a covered individual information 27 regarding the amount of the covered individual’s cost share 28 for a prescription drug. A pharmacy benefits manager shall 29 not prohibit a pharmacy or pharmacist from discussing any such 30 information or from selling a more affordable alternative to 31 the covered individual, if one is available. 32 2. A health benefit plan, as defined in section 514J.102, 33 issued or renewed on or after July 1, 2018, that provides 34 coverage for pharmacy benefits shall not require a covered 35 -110- LSB 5031XC (11) 87 pf/rn 110/ 120
S.F. _____ individual to pay a copayment for pharmacy benefits that 1 exceeds the pharmacy’s or pharmacist’s submitted charges. 2 3. Any amount paid by a covered individual for a covered 3 prescription drug pursuant to this section shall be applied 4 toward any deductible imposed by the covered individual’s 5 health benefit plan in accordance with the covered individual’s 6 health benefit plan coverage documents. 7 4. To the extent that any provision of this section is 8 inconsistent or conflicts with applicable federal law, rule, 9 or regulation, such federal law, rule, or regulation shall 10 prevail to the extent necessary to eliminate the inconsistency 11 or conflict. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to appropriations for health and human 16 services for fiscal year 2018-2019 to the department of 17 veterans affairs, Iowa veterans home, department on aging 18 (IDA), office of long-term care ombudsman, department of public 19 health (DPH), Iowa finance authority, department of human 20 rights, and department of human services (DHS). 21 The bill is organized into divisions. 22 DEPARTMENT ON AGING. This division makes appropriations 23 from the general fund of the state to the department on aging 24 for FY 2018-2019. 25 OFFICE OF LONG-TERM CARE OMBUDSMAN. This division makes 26 appropriations from the general fund of the state to the office 27 of long-term care ombudsman for FY 2018-2019. 28 DEPARTMENT OF PUBLIC HEALTH. This division makes 29 appropriations from the general fund of the state to the 30 department of public health for FY 2018-2019. 31 DEPARTMENT OF VETERANS AFFAIRS AND IOWA VETERANS HOME. This 32 division makes appropriations from the general fund of the 33 state to the department of veterans affairs for FY 2018-2019 34 for administration, the Iowa veterans home, for transfer to 35 -111- LSB 5031XC (11) 87 pf/rn 111/ 120
S.F. _____ the Iowa finance authority for the home ownership assistance 1 program, and for the county commissions of veteran affairs. 2 DEPARTMENT OF HUMAN SERVICES. This division makes 3 appropriations from the general fund of the state and the 4 federal temporary assistance for needy families block grant 5 to DHS for FY 2018-2019. The allocation for the family 6 development and self-sufficiency grant program is made directly 7 to the department of human rights. The reimbursement section 8 addresses reimbursement for providers reimbursed by the 9 department of human services. 10 HEALTH CARE ACCOUNTS AND FUNDS. This division makes certain 11 health-related appropriations for FY 2018-2019. A number 12 of the appropriations are made for purposes of the medical 13 assistance (Medicaid) program in addition to the general fund 14 appropriations made for this purpose for the same fiscal year. 15 PRIOR YEAR APPROPRIATIONS AND OTHER PROVISIONS. This 16 division adjusts allocations and provides for the 17 prioritization of the use of TANF funds that are not necessary 18 for the purposes for which they are allocated; provides 19 that any portion of the funds transferred from the Medicaid 20 appropriation to the appropriations for general administration, 21 medical contracts, the children’s health insurance program, or 22 field operations may be used, in addition to the payment error 23 rate measurement (PERM) program, for other reviews and quality 24 control activities to improve program integrity; provides for 25 the nonreversion of funds appropriated for FY 2017-2018 for 26 state supplementary assistance, the juvenile institution, the 27 mental health institutes, the state resource centers, and 28 sexually violent predators; and adjusts the state payment 29 program federal funds amounts appropriated for federal fiscal 30 years 2017-2018 and 2018-2019. These provisions take effect 31 upon enactment and are retroactively applicable to July 1, 32 2017. 33 DECATEGORIZATION. This division provides for the transfer 34 to the medical assistance appropriation for FY 2018-2019 35 -112- LSB 5031XC (11) 87 pf/rn 112/ 120
S.F. _____ of state-appropriated moneys in the funding pool for 1 decategorization that remain unencumbered or unobligated at 2 the close of the fiscal year beginning July 1, 2015, and that 3 were deemed carryover funding to remain available for the two 4 succeeding fiscal years that still remain unencumbered or 5 unobligated at the close of the fiscal year beginning July 6 1, 2017. This provision takes effect upon enactment and is 7 retroactively applicable to July 1, 2017. 8 STATE CASES. This division eliminates the state’s 9 responsibility for payment of the costs of mental health 10 and disability services provided to an individual whose 11 county of residence cannot be determined, and eliminates 12 the responsibility of both the state and any region for the 13 costs of mental health and disability services provided to an 14 individual who is not a resident of the state. The division 15 makes other conforming changes related to the elimination of 16 the references to state cases. 17 MEDICAID CLAIMING. This division authorizes the department 18 on aging to implement Medicaid claiming for certain aging and 19 disability resource center activities. The division takes 20 effect upon enactment. 21 VETERANS AFFAIRS —— EXECUTIVE DIRECTOR. This division 22 provides that the salary range for the executive director of 23 the department of veterans affairs is a range 5 rather than a 24 range 3 position. This division takes effect upon enactment. 25 FAMILY PLANNING SERVICES PROGRAM. This division provides 26 for the participation of certain providers in the state family 27 planning services program by allowing that any entity that 28 performs abortions or that maintains or operates a facility 29 where abortions are performed is not to be interpreted to 30 include a nonpublic entity that is a distinct location of 31 a nonprofit health care delivery system, if the distinct 32 location provides family planning services but does not perform 33 abortions or maintain or operate as a facility where abortions 34 are performed. 35 -113- LSB 5031XC (11) 87 pf/rn 113/ 120
S.F. _____ PROVISIONAL REGIONALIZATION AUTHORIZATION. This division 1 provides that upon receiving a request to be removed from the 2 region from any county within the county social services mental 3 health and disability services region, the director of the 4 department of human services may authorize the county to join 5 in the formation of a proposed new mental health and disability 6 services region, subject to certain requirements. The division 7 provides that if approved by the department, the region shall 8 commence full operations no later than July 1, 2019. 9 The division amends current law to specify that only a 10 region formed prior to July 1, 2014, may be exempt from 11 the requirement to enter into a regional mental health and 12 disabilities services region under Code section 331.389. 13 The division takes effect upon enactment. 14 MANDATORY REPORTER TRAINING AND CERTIFICATION WORKGROUP. 15 This division requires the department of human services 16 to facilitate a study by a workgroup, in cooperation with 17 the departments of education and public health, related to 18 mandatory child abuse and mandatory dependent adult abuse 19 reporter training and certification requirements. The 20 workgroup is required to develop interdepartmental strategies 21 for improving mandatory child abuse and mandatory dependent 22 adult abuse reporter training and certification requirements 23 and to submit a report with recommendations to the governor and 24 the general assembly on or before December 15, 2018. 25 NURSING FACILITY QUALITY ASSURANCE ASSESSMENT. This 26 division adjusts the maximum amount for the nursing facility 27 quality assurance assessment to provide that the maximum shall 28 not exceed the maximum amount allowed under federal law, rather 29 than the lower of 3 percent of the aggregate non-Medicare 30 revenues of a nursing facility or the maximum amount allowed 31 under federal law. The division also clarifies that the 32 moneys in the quality assurance trust fund are to be used by 33 the department of human services only for reimbursement of 34 nursing facility services for which Medicaid federal financial 35 -114- LSB 5031XC (11) 87 pf/rn 114/ 120
S.F. _____ participation is available. 1 SEXUAL OFFENSES AND SEX OFFENDERS. This division relates to 2 sexually violent predators and accumulation of earned time by 3 offenders. 4 The division strikes a provision permitting a person 5 committed as a sexually violent predator under Code chapter 6 229A (committed person) to be released from a secure facility 7 or a transitional release program without supervision. 8 Currently, a committed person may be released with or without 9 supervision. 10 Currently, if a committed person absconds from the 11 transitional release program, the court is required to set a 12 hearing within five days of the committed person’s return to a 13 secure facility in order to determine if a violation occurred. 14 The division strikes the five-day requirement and instead 15 requires the court to schedule a hearing after receiving notice 16 that the committed person has been returned to the secure 17 facility. 18 Under current law, if the court or jury has determined that a 19 committed person should be discharged from the sexually violent 20 predator program, the court may release the committed person 21 with or without supervision prior to such discharge, if the 22 court determines it is in the best interests of the community. 23 Under the division, if the court or jury has determined that a 24 committed person should be released from a secure facility or a 25 transitional release program, but the court has determined the 26 committed person suffers from a mental abnormality and it is in 27 the best interest of the community, the court shall release the 28 committed person with supervision prior to discharge. 29 Currently, the department of human services is the only 30 designated agency that is not liable for the acts of a 31 committed person released with supervision. Under the 32 division, if a committed person is released with supervision, 33 the division specifies that a judicial district of department 34 of correctional services shall not be held liable for any acts 35 -115- LSB 5031XC (11) 87 pf/rn 115/ 120
S.F. _____ of the committed person. 1 If a person is released with supervision, and the person 2 absconds in violation of the release plan, the division strikes 3 the requirement that a hearing be held within five days of 4 the committed person’s return to a secure facility in order 5 to determine if a violation occurred and instead requires the 6 court to schedule a hearing after the committed person has been 7 returned to a secure facility. 8 The division also provides that child abuse includes a 9 person who is responsible for the care of a child knowingly 10 allowing another person custody of, control over, or 11 unsupervised access to a child under the age of 14 or a child 12 with a physical or mental disability, after knowing the other 13 person is required to register or is on the sex offender 14 registry. The division provides exceptions for a child living 15 with a parent or guardian who is a sex offender required to 16 register or on the sex offender registry, a child living with 17 a parent or guardian who is married to and living with a sex 18 offender required to register or on the sex offender registry, 19 and a child who is a sex offender required to register or on the 20 sex offender registry who is living with the child’s parent, 21 guardian, or foster parent and is also living with the child to 22 whom access was allowed. 23 MEDICAID RETROACTIVE ELIGIBILITY. This division provides 24 that effective July 1, 2018, a three-month retroactive Medicaid 25 coverage benefit shall apply to Medicaid applicants who are 26 residents of licensed nursing facilities. The division takes 27 effect upon enactment. 28 MENTAL HEALTH AND DISABILITY SERVICES —— TRANSFER OF FUNDS. 29 This division provides that notwithstanding a provision to the 30 contrary, a county with a population of over 300,000 based on 31 the most recent federal decennial census, may transfer funds 32 from any other fund of the county not comprised of revenue 33 generated by a levy to the mental health and disability 34 regional services fund for purposes of providing mental health 35 -116- LSB 5031XC (11) 87 pf/rn 116/ 120
S.F. _____ and disability services for the fiscal year beginning July 1, 1 2018, and ending June 30, 2019. The county is required to 2 submit a report to the governor and the general assembly by 3 September 1, 2019, regarding the activities related to the 4 transfer of any funds. 5 MISCELLANEOUS TECHNICAL PROVISIONS. This division makes 6 technical changes to Code section 135.15, updating the name of 7 the oral health bureau to the oral and health delivery system 8 bureau and providing a context for the use of the definition 9 of “dental home”; and to Code section 135.175 relating to the 10 nurse residency state matching grants program. 11 STATE TRAINING SCHOOL. This division relates to the state 12 training school at Eldora. Under current law, “state training 13 school” is defined to include units for juvenile delinquents 14 located at Eldora and Toledo. The division amends the 15 definition of “state training school” to eliminate references 16 to Toledo and makes conforming changes to Code sections 233A.14 17 (transfers to other institutions) and 915.29 (notification of 18 victim of juvenile by department of human services). 19 GERIATRIC PATIENT HOUSING REVIEW. This division requires 20 the department on aging and the department of human services, 21 inspections and appeals, and corrections during the 2018 22 legislative interim to cooperatively review issues and develop 23 policy recommendations relating to housing for geriatric 24 persons including geriatric individuals on the sex offender 25 registry or who are sexually aggressive. The agencies are 26 directed to submit a joint report with recommendations to the 27 governor and general assembly by December 15, 2018. 28 DISTRIBUTION OF FEDERAL FUNDS —— ABORTIONS. This division 29 includes limitations on the distribution to certain applicants 30 of federal funds received under Title X of the federal Public 31 Health Services Act, the personal responsibility education 32 program, the abstinence education grant program, and the 33 community adolescent pregnancy prevention and services grant 34 program, based on whether the applicant performs abortions or 35 -117- LSB 5031XC (11) 87 pf/rn 117/ 120
S.F. _____ maintains or operates a facility where abortions are performed. 1 WRONGFUL BIRTH OR WRONGFUL LIFE CAUSE OF ACTION. This 2 division relates to causes of action for wrongful birth and 3 wrongful life. The division prohibits a cause of action and 4 the awarding of damages on behalf of a person, based on a 5 wrongful birth claim that, but for an act or omission of the 6 defendant, a child would not or should not have been born. The 7 division also prohibits a cause of action and the awarding of 8 damages on behalf of any person, based on a wrongful life claim 9 that, but for an act or omission of the defendant, the person 10 bringing the action would not or should not have been born. 11 The prohibitions apply to any claim regardless of whether 12 the child is born healthy or with a birth defect or disorder or 13 other adverse medical condition. However, the division does 14 not apply to a civil action for damages for an intentional 15 or grossly negligent act or omission, including any act or 16 omission that constitutes a public offense, or to a civil 17 action for damages for the intentional failure of a physician 18 to comply with the duty imposed by licensure to provide a 19 patient with all information reasonably necessary to make 20 decisions about a pregnancy. 21 The division takes effect upon enactment and applies to a 22 cause of action that accrues on or after the effective date of 23 the division. A cause of action that accrues before that date 24 is governed by the law applicable to such a cause of action 25 prior to that date. 26 The division, in part, is a response to the Iowa supreme 27 court’s decision in Plowman v. Fort Madison Community Hospital, 28 No. 15-0974 (June 2, 2017), holding, in part, that a wrongful 29 birth action fits within common law tort principles governing 30 medical negligence claims. 31 TRANSFER OF FUNDS BETWEEN DHS INSTITUTIONS. This division 32 requires the department of human services to report any 33 transfer made during a fiscal quarter by the director of DHS 34 between appropriations made to the institutions under the 35 -118- LSB 5031XC (11) 87 pf/rn 118/ 120
S.F. _____ purview of the department, that are not subject to prior 1 written consent and approval of the governor and the department 2 of management, to the legislative services agency within 30 3 days of the beginning of the subsequent fiscal quarter. 4 MEDICAL CANNABIDIOL. This division relates to the 5 collection of fees and the performance of background 6 investigations under the medical cannabidiol Act (Code chapter 7 124E). 8 With respect to fees collected by the department of public 9 health pursuant to Code chapter 124E, the department shall 10 use such fees for the operation of the medical cannabidiol 11 registration card program and the medical cannabidiol 12 manufacturer and medical cannabidiol dispensary licensing 13 programs. Any remaining funds are to be used to administer any 14 of the department’s duties under Code chapter 124E, including 15 the addition of full-time equivalent positions for program 16 services and investigations. 17 The division also directs the division of criminal 18 investigation of the department of public safety to conduct 19 background investigations of applicants for medical cannabidiol 20 manufacturer and medical cannabidiol dispensary licenses, 21 including employees, owners of, and investors in, any such 22 applicants. In addition to the background investigation, 23 the department of public safety must require applicants, 24 their employees, and their owners and investors to submit 25 fingerprints and other identifying information to the 26 department for submittal to the federal bureau of investigation 27 for the purpose of conducting a national criminal history 28 record check. The department of public safety shall collect 29 fees to offset the costs associated with the background 30 investigations and the criminal history record checks. 31 The division takes effect upon enactment. 32 DHS PROGRAMS AND ACTIVITIES. This division relates to 33 programs and activities under the purview of the department of 34 human services including inmates of public institutions under 35 -119- LSB 5031XC (11) 87 pf/rn 119/ 120
S.F. _____ the Medicaid program; Medicaid program administration; Medicaid 1 program pharmacy copayments; the medical assistance advisory 2 council; and reimbursement for targeted case management 3 services and for inpatient psychiatric services for individuals 4 under 21 years of age. 5 PREAPPLICATION SCREENING ASSESSMENTS. This division relates 6 to preapplication screening assessments for mental health and 7 substance abuse commitments. Under current law, the state 8 court administrator prescribes practices and procedures for 9 implementation of the preapplication screening assessment 10 program for both mental health and substance abuse commitments. 11 The division strikes the requirements the court administrator 12 prescribes practices and procedures for implementation of the 13 preapplication screening assessment program for the mental 14 health commitments. Under 2018 Acts, House File 2456, section 15 15, the department of human services, in coordination with the 16 mental health and disability services commission, instead is 17 required to adopt administrative rules pursuant to Code chapter 18 17A, relating to the civil commitment prescreening assessments. 19 COVERAGE OF BEHAVIORAL HEALTH SERVICES PROVIDED BY CERTAIN 20 PROVIDERS. This division provides for coverage under the 21 Medicaid program and through third-party payment or prepayment 22 policies or contracts for licensed marital and family 23 therapists, licensed master social workers, licensed mental 24 health counselors, and psychologists, holding provisional 25 or temporary licenses and practicing under the supervision 26 of a specified supervisor. The division takes effect upon 27 enactment. 28 PHARMACY BENEFITS MANAGER —— RIGHTS OF COVERED INDIVIDUALS. 29 This division establishes certain requirements regarding a 30 pharmacy benefits manager relative to a covered individual. 31 -120- LSB 5031XC (11) 87 pf/rn 120/ 120
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