Text: HF908
Text: HF910
Complete Bill History
House File 909
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HSB 301)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations for health and human
2 services and including other related provisions and
3 appropriations, and including effective date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1130HV 82
6 pf/gg/14
PAG LIN
1 1 DIVISION I
1 2 GENERAL FUND AND BLOCK GRANT APPROPRIATIONS
1 3 ELDER AFFAIRS
1 4 Section 1. DEPARTMENT OF ELDER AFFAIRS. There is
1 5 appropriated from the general fund of the state to the
1 6 department of elder affairs for the fiscal year beginning July
1 7 1, 2007, and ending June 30, 2008, the following amount, or so
1 8 much thereof as is necessary, to be used for the purposes
1 9 designated:
1 10 For aging programs for the department of elder affairs and
1 11 area agencies on aging to provide citizens of Iowa who are 60
1 12 years of age and older with case management for the frail
1 13 elderly only if the monthly cost per client for case
1 14 management for the frail elderly services provided does not
1 15 exceed an average of $70, resident advocate committee
1 16 coordination, employment, and other services which may include
1 17 but are not limited to adult day services, respite care, chore
1 18 services, telephone reassurance, information and assistance,
1 19 and home repair services, and for the construction of entrance
1 20 ramps which make residences accessible to the physically
1 21 handicapped, and for salaries, support, administration,
1 22 maintenance, and miscellaneous purposes and for not more than
1 23 the following full=time equivalent positions:
1 24 .................................................. $ 4,723,306
1 25 ............................................... FTEs 34.50
1 26 1. Funds appropriated in this section may be used to
1 27 supplement federal funds under federal regulations. To
1 28 receive funds appropriated in this section, a local area
1 29 agency on aging shall match the funds with moneys from other
1 30 sources according to rules adopted by the department. Funds
1 31 appropriated in this section may be used for elderly services
1 32 not specifically enumerated in this section only if approved
1 33 by an area agency on aging for provision of the service within
1 34 the area.
1 35 2. Of the funds appropriated in this section, $2,788,223
2 1 shall be used for case management for the frail elderly. Of
2 2 the funds allocated in this subsection, $1,385,015 shall be
2 3 transferred to the department of human services in equal
2 4 amounts on a quarterly basis for reimbursement of case
2 5 management services provided under the medical assistance
2 6 elderly waiver. The department of human services shall adopt
2 7 rules for case management services provided under the medical
2 8 assistance elderly waiver in consultation with the department
2 9 of elder affairs. The monthly cost per client for case
2 10 management for the frail elderly services provided shall not
2 11 exceed an average of $70.
2 12 3. Of the funds appropriated in this section, $200,198
2 13 shall be transferred to the department of economic development
2 14 for the Iowa commission on volunteer services to be used for
2 15 the retired and senior volunteer program.
2 16 4. Of the funds appropriated in this section, $130,000
2 17 shall be used to fund two additional long=term care resident's
2 18 advocate positions.
2 19 5. Of the funds appropriated in this section, $15,000 is
2 20 allocated for costs associated with the Alzheimer's disease
2 21 task force established pursuant to 2007 Iowa Acts, Senate File
2 22 489, if enacted.
2 23 6. Of the funds appropriated in this subsection, $250,000
2 24 shall be used for implementation of the substitute decision
2 25 maker Act pursuant to chapter 231E, to establish the state
2 26 office and two local offices.
2 27 HEALTH
2 28 Sec. 2. DEPARTMENT OF PUBLIC HEALTH. There is
2 29 appropriated from the general fund of the state to the
2 30 department of public health for the fiscal year beginning July
2 31 1, 2007, and ending June 30, 2008, the following amounts, or
2 32 so much thereof as is necessary, to be used for the purposes
2 33 designated:
2 34 1. ADDICTIVE DISORDERS
2 35 For reducing the prevalence of use of tobacco, alcohol, and
3 1 other drugs, and treating individuals affected by addictive
3 2 behaviors, including gambling and for not more than the
3 3 following full=time equivalent positions:
3 4 .................................................. $ 1,971,890
3 5 ............................................... FTEs 4.35
3 6 The requirement of section 123.53, subsection 3, is met by
3 7 the appropriations made in this Act for purposes of addictive
3 8 disorders for the fiscal year beginning July 1, 2007.
3 9 2. HEALTHY CHILDREN AND FAMILIES
3 10 For promoting the optimum health status for children,
3 11 adolescents from birth through 21 years of age, and families,
3 12 and for not more than the following full=time equivalent
3 13 positions:
3 14 .................................................. $ 2,509,438
3 15 ............................................... FTEs 12.95
3 16 a. Of the funds appropriated in this subsection, not more
3 17 than $645,917 shall be used for the healthy opportunities to
3 18 experience success (HOPES)=healthy families Iowa (HFI) program
3 19 established pursuant to section 135.106. The department shall
3 20 transfer the funding allocated for the HOPES=HFI program to
3 21 the Iowa empowerment board for distribution and shall assist
3 22 the board in managing the contracting for the funding. The
3 23 funding shall be distributed to renew the grants that were
3 24 provided to the grantees that operated the program during the
3 25 fiscal year ending June 30, 2007.
3 26 b. Of the funds appropriated in this subsection, $325,000
3 27 shall be used to continue to address the healthy mental
3 28 development of children from birth through five years of age
3 29 through local evidence=based strategies that engage both the
3 30 public and private sectors in promoting healthy development,
3 31 prevention, and treatment for children.
3 32 c. Of the funds appropriated in this subsection, $100,000
3 33 is allocated for distribution to the children's hospital of
3 34 Iowa mother's milk bank.
3 35 d. Of the funds appropriated in this subsection, $40,000
4 1 shall be distributed to a statewide dental carrier to provide
4 2 funds to continue the donated dental services program
4 3 patterned after the projects developed by the national
4 4 foundation of dentistry for the handicapped to provide dental
4 5 services to indigent elderly and disabled individuals.
4 6 3. CHRONIC CONDITIONS
4 7 For serving individuals identified as having chronic
4 8 conditions or special health care needs and for not more than
4 9 the following full=time equivalent positions:
4 10 .................................................. $ 1,842,840
4 11 ............................................... FTEs 4.30
4 12 Of the funds appropriated in this subsection, $100,000
4 13 shall be used as additional funding to provide grants to
4 14 individual patients who have phenylketonuria (PKU) to assist
4 15 with the costs of necessary special foods.
4 16 4. COMMUNITY CAPACITY
4 17 For strengthening the health care delivery system at the
4 18 local level and for not more than the following full=time
4 19 equivalent positions:
4 20 .................................................. $ 1,758,147
4 21 ............................................... FTEs 10.75
4 22 a. Of the funds appropriated in this subsection, $100,000
4 23 is allocated for a child vision screening program implemented
4 24 through the university of Iowa hospitals and clinics in
4 25 collaboration with community empowerment areas.
4 26 b. Of the funds appropriated in this subsection, $159,700
4 27 is allocated for an initiative implemented at the university
4 28 of Iowa and $140,300 is allocated for an initiative at the
4 29 state mental health institute at Cherokee to expand and
4 30 improve the workforce engaged in mental health treatment and
4 31 services. The initiatives shall receive input from the
4 32 university of Iowa, the department of human services, the
4 33 department of public health, and the mental health, mental
4 34 retardation, developmental disabilities, and brain injury
4 35 commission to address the focus of the initiatives. The
5 1 department of human services, the department of public health,
5 2 and the commission shall receive regular updates concerning
5 3 the status of the initiatives.
5 4 5. ELDERLY WELLNESS
5 5 For promotion of healthy aging and optimization of the
5 6 health of older adults:
5 7 .................................................. $ 9,233,985
5 8 6. ENVIRONMENTAL HAZARDS
5 9 For reducing the public's exposure to hazards in the
5 10 environment, primarily chemical hazards, and for not more than
5 11 the following full=time equivalent positions:
5 12 .................................................. $ 747,960
5 13 ............................................... FTEs 1.75
5 14 Of the funds appropriated in this subsection, $121,000
5 15 shall be used for implementation and administration of 2007
5 16 Iowa Acts, House File 158, as enacted, relating to blood lead
5 17 testing of children.
5 18 7. INFECTIOUS DISEASES
5 19 For reducing the incidence and prevalence of communicable
5 20 diseases and for not more than the following full=time
5 21 equivalent positions:
5 22 .................................................. $ 1,640,571
5 23 ............................................... FTEs 5.75
5 24 a. Of the funds appropriated in this subsection, $100,000
5 25 shall be used to fund the position of a bureau chief for the
5 26 center for acute disease epidemiology (CADE).
5 27 b. Of the funds appropriated in this subsection, an
5 28 increase of $260,608 is provided for the purchasing of
5 29 vaccines for immunizations.
5 30 8. PUBLIC PROTECTION
5 31 For protecting the health and safety of the public through
5 32 establishing standards and enforcing regulations and for not
5 33 more than the following full=time equivalent positions:
5 34 .................................................. $ 2,591,333
5 35 ............................................... FTEs 125.90
6 1 a. Of the funds appropriated in this subsection, $643,500
6 2 shall be credited to the emergency medical services fund
6 3 created in section 135.25. Moneys in the emergency medical
6 4 services fund are appropriated to the department to be used
6 5 for the purposes of the fund.
6 6 b. Of the funds appropriated in this subsection, $23,810
6 7 shall be used as additional funding for the office of the
6 8 state medical examiner.
6 9 c. Of the funds appropriated in this subsection, $10,000
6 10 shall be used to administer or implement the information and
6 11 referral database for health and human services 211 system.
6 12 d. Of the funds appropriated in this subsection, $150,000
6 13 shall be used for management of the antiviral stockpile.
6 14 e. Of the funds appropriated in this subsection, $100,000
6 15 shall be used for an increase in sexual violence prevention
6 16 programming through a statewide organization representing
6 17 programs serving victims of sexual violence through the
6 18 department's sexual violence prevention program. In addition,
6 19 $162,522 and any other amount remaining in the hospital trust
6 20 fund created in section 249I.4, Code 2005, on July 1, 2007,
6 21 are appropriated to the department of public health to be used
6 22 for the purposes of this paragraph "e". The amounts provided
6 23 pursuant to this paragraph "e" shall not be used to supplant
6 24 funding administered for other sexual violence prevention or
6 25 victims assistance programs.
6 26 9. RESOURCE MANAGEMENT
6 27 For establishing and sustaining the overall ability of the
6 28 department to deliver services to the public and for not more
6 29 than the following full=time equivalent positions:
6 30 .................................................. $ 1,195,557
6 31 ............................................... FTEs 9.00
6 32 Of the funds appropriated in this subsection, $150,150
6 33 shall be used for administration of tobacco=related programs.
6 34 The university of Iowa hospitals and clinics under the
6 35 control of the state board of regents shall not receive
7 1 indirect costs from the funds appropriated in this section.
7 2 Sec. 3. GAMBLING TREATMENT FUND == APPROPRIATION.
7 3 1. In lieu of the appropriation made in section 135.150,
7 4 subsection 1, there is appropriated from funds available in
7 5 the gambling treatment fund created in section 135.150 to the
7 6 department of public health for the fiscal year beginning July
7 7 1, 2007, and ending June 30, 2008, the following amount, or so
7 8 much thereof as is necessary, to be used for the purposes
7 9 designated:
7 10 To be utilized for the benefit of persons with addictions:
7 11 .................................................. $ 2,215,000
7 12 The amount appropriated in this subsection for addictive
7 13 disorders reflects an increase of $525,000 from the funding
7 14 remaining in the gambling treatment fund from the carryforward
7 15 of appropriations made for addictive disorders in previous
7 16 fiscal years. Of this amount, $50,000 shall be transferred to
7 17 the department of corrections to supplement funding for the
7 18 adult drug court program in the fifth judicial district,
7 19 $25,000 shall be transferred to the department of corrections
7 20 to supplement funding for the adult drug court program in the
7 21 second judicial district, $150,000 shall be transferred to the
7 22 department of human rights to supplement funding for the family
7 23 development and self=sufficiency grant program, and $300,000
7 24 shall be transferred to the department of human rights to be
7 25 used in addition to any other funding appropriated in this Act
7 26 for the energy utility assessment and resolution program
7 27 established pursuant to section 216A.104, as enacted by this
7 28 Act.
7 29 It is the intent of the general assembly that from the
7 30 moneys appropriated in this subsection, persons with a dual
7 31 diagnosis of substance abuse and gambling addictions shall be
7 32 given priority in treatment services.
7 33 2. The amount remaining in the gambling treatment fund
7 34 after the appropriation made in subsection 1 is appropriated
7 35 to the department to be used for funding of administrative
8 1 costs and to provide programs which may include but are not
8 2 limited to outpatient and follow=up treatment for persons
8 3 affected by problem gambling, rehabilitation and residential
8 4 treatment programs, information and referral services,
8 5 education and preventive services, and financial management
8 6 services. Of the amount appropriated in this subsection, up
8 7 to $100,000 may be used for the licensing of gambling
8 8 treatment programs as provided in section 135.150.
8 9 DEPARTMENT OF VETERANS AFFAIRS
8 10 Sec. 4. DEPARTMENT OF VETERANS AFFAIRS. There is
8 11 appropriated from the general fund of the state to the
8 12 department of veterans affairs for the fiscal year beginning
8 13 July 1, 2007, and ending June 30, 2008, the following amounts,
8 14 or so much thereof as is necessary, to be used for the
8 15 purposes designated:
8 16 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
8 17 For salaries, support, maintenance, and miscellaneous
8 18 purposes, including the war orphans educational assistance
8 19 fund established pursuant to section 35.8 and for not more
8 20 than the following full=time equivalent positions:
8 21 .................................................. $ 863,457
8 22 ............................................... FTEs 12.00
8 23 Of the amount appropriated in this subsection, $50,000 is
8 24 allocated for implementation of the veterans counseling
8 25 program established pursuant to section 35.12, if enacted by
8 26 2007 Iowa Acts, House File 817.
8 27 2. IOWA VETERANS HOME
8 28 For salaries, support, maintenance, and miscellaneous
8 29 purposes and for not more than the following full=time
8 30 equivalent positions:
8 31 .................................................. $ 14,509,630
8 32 ............................................... FTEs 909.33
8 33 3. VETERANS TRUST FUND
8 34 To be credited to the veterans trust fund created in
8 35 section 35A.13:
9 1 .................................................. $ 500,000
9 2 Of the amount appropriated in this subsection, $150,000 is
9 3 transferred and appropriated to the department of cultural
9 4 affairs to be used to establish a conservation lab facility in
9 5 the state archives to preserve the civil war muster rolls,
9 6 including two full=time equivalent positions in addition to
9 7 any other positions authorized for the department.
9 8 4. COUNTY GRANT PROGRAM FOR VETERANS
9 9 For providing matching grants to counties to provide
9 10 improved services to veterans:
9 11 .................................................. $ 750,000
9 12 The department shall establish or continue a grant
9 13 application process and shall require each county applying for
9 14 a grant to submit a plan for utilizing the grant to improve
9 15 services for veterans. The maximum matching grant to be
9 16 awarded to a county shall be $10,000 and the amount awarded
9 17 shall be matched on a dollar=for=dollar basis by the county.
9 18 Each county receiving a grant shall submit a report to the
9 19 department identifying the impact of the grant on increasing
9 20 services to veterans as specified by the department. The
9 21 department shall submit a report to the general assembly by
9 22 October 1, 2008, concerning the impact of the grant program on
9 23 services to veterans.
9 24 Notwithstanding section 8.33, moneys appropriated in this
9 25 subsection that remain unencumbered or unobligated at the
9 26 close of the fiscal year shall not revert to the fund from
9 27 which appropriated but shall be credited to the veterans trust
9 28 fund.
9 29 5. STATE EDUCATIONAL ASSISTANCE == CHILDREN OF DECEASED
9 30 VETERANS
9 31 For educational assistance pursuant to section 35.9:
9 32 .................................................. $ 27,000
9 33 Sec. 5. VETERANS TRUST FUND. If the balance in the
9 34 veterans trust fund for the fiscal year beginning July 1,
9 35 2007, exceeds $5,000,000, exclusive of any amount from
10 1 interest or earnings on moneys in the trust fund or otherwise
10 2 received from a source other than the general fund of the
10 3 state or the rebuild Iowa infrastructure fund, the amount in
10 4 excess of $5,000,000 is appropriated to the department of
10 5 veterans affairs for the fiscal year beginning July 1, 2007,
10 6 and ending June 30, 2008, for transfer to the Iowa finance
10 7 authority to be used as funding in addition to the specific
10 8 appropriations made for that fiscal year for the home
10 9 ownership assistance program.
10 10 Sec. 6. VETERANS NEEDS REPORT. The executive director of
10 11 the department of veterans affairs shall prepare a report
10 12 regarding the needs of veterans. The report shall include a
10 13 comprehensive survey of existing benefits and services being
10 14 provided to Iowa veterans at the local, state, and national
10 15 levels, a comparison of Iowa veterans benefits and services
10 16 programs with such programs offered in other states, the
10 17 deficiencies in benefits and services identified by the
10 18 department, and any recommendations for eliminating the
10 19 deficiencies identified. The completed report shall be
10 20 approved by the commission of veterans affairs prior to
10 21 submission of the report to the general assembly no later than
10 22 October 15, 2008.
10 23 HUMAN SERVICES
10 24 Sec. 7. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
10 25 GRANT. There is appropriated from the fund created in section
10 26 8.41 to the department of human services for the fiscal year
10 27 beginning July 1, 2007, and ending June 30, 2008, from moneys
10 28 received under the federal temporary assistance for needy
10 29 families (TANF) block grant pursuant to the federal Personal
10 30 Responsibility and Work Opportunity Reconciliation Act of
10 31 1996, Pub. L. No. 104=193, and successor legislation, which
10 32 are federally appropriated for the federal fiscal years
10 33 beginning October 1, 2006, and ending September 30, 2007, and
10 34 beginning October 1, 2007, and ending September 30, 2008, the
10 35 following amounts, or so much thereof as is necessary, to be
11 1 used for the purposes designated:
11 2 1. To be credited to the family investment program account
11 3 and used for assistance under the family investment program
11 4 under chapter 239B:
11 5 .................................................. $ 36,890,944
11 6 2. To be credited to the family investment program account
11 7 and used for the job opportunities and basic skills (JOBS)
11 8 program, and implementing family investment agreements, in
11 9 accordance with chapter 239B:
11 10 .................................................. $ 14,993,040
11 11 Notwithstanding section 8.33, not more than 5 percent of
11 12 the moneys designated in this subsection that are allocated by
11 13 the department for contracted services other than family
11 14 self=sufficiency grant services allocated under this
11 15 subsection, that remain unencumbered or unobligated at the
11 16 close of the fiscal year shall not revert but shall remain
11 17 available for expenditure for the purposes designated until the
11 18 close of the succeeding fiscal year. However, unless such
11 19 moneys are encumbered or obligated on or before September 30,
11 20 2008, the moneys shall revert.
11 21 3. To be used for the family development and
11 22 self=sufficiency grant program as provided under section
11 23 217.12 and this division of this Act:
11 24 .................................................. $ 2,998,675
11 25 4. For field operations:
11 26 .................................................. $ 17,707,495
11 27 5. For general administration:
11 28 .................................................. $ 3,744,000
11 29 6. For local administrative costs:
11 30 .................................................. $ 2,189,830
11 31 7. For state child care assistance:
11 32 .................................................. $ 18,986,177
11 33 a. Of the funds appropriated in this subsection, $200,000
11 34 shall be used for provision of educational opportunities to
11 35 registered child care home providers in order to improve
12 1 services and programs offered by this category of providers
12 2 and to increase the number of providers. The department may
12 3 contract with institutions of higher education or child care
12 4 resource and referral centers to provide the educational
12 5 opportunities. Allowable administrative costs under the
12 6 contracts shall not exceed 5 percent. The application for a
12 7 grant shall not exceed two pages in length.
12 8 b. The funds appropriated in this subsection shall be
12 9 transferred to the child care and development block grant
12 10 appropriation.
12 11 8. For mental health and developmental disabilities
12 12 community services:
12 13 .................................................. $ 4,894,052
12 14 9. For child and family services:
12 15 .................................................. $ 32,084,430
12 16 10. For child abuse prevention grants:
12 17 .................................................. $ 250,000
12 18 11. For pregnancy prevention grants on the condition that
12 19 family planning services are funded:
12 20 .................................................. $ 1,930,067
12 21 Pregnancy prevention grants shall be awarded to programs in
12 22 existence on or before July 1, 2007, if the programs are
12 23 comprehensive in scope and have demonstrated positive
12 24 outcomes. Grants shall be awarded to pregnancy prevention
12 25 programs which are developed after July 1, 2007, if the
12 26 programs are comprehensive in scope and are based on existing
12 27 models that have demonstrated positive outcomes. Grants shall
12 28 comply with the requirements provided in 1997 Iowa Acts,
12 29 chapter 208, section 14, subsections 1 and 2, including the
12 30 requirement that grant programs must emphasize sexual
12 31 abstinence. Priority in the awarding of grants shall be given
12 32 to programs that serve areas of the state which demonstrate
12 33 the highest percentage of unplanned pregnancies of females of
12 34 childbearing age within the geographic area to be served by
12 35 the grant.
13 1 12. For technology needs and other resources necessary to
13 2 meet federal welfare reform reporting, tracking, and case
13 3 management requirements:
13 4 .................................................. $ 1,037,186
13 5 13. For the healthy opportunities for parents to
13 6 experience success (HOPES) program administered by the
13 7 department of public health to target child abuse prevention:
13 8 .................................................. $ 200,000
13 9 14. To be credited to the state child care assistance
13 10 appropriation made in this section to be used for funding of
13 11 community=based early childhood programs targeted to children
13 12 from birth through five years of age, developed by community
13 13 empowerment areas as provided in section 28.9:
13 14 .................................................. $ 7,350,000
13 15 The department shall transfer TANF block grant funding
13 16 appropriated and allocated in this subsection to the child
13 17 care and development block grant appropriation in accordance
13 18 with federal law as necessary to comply with the provisions of
13 19 this subsection.
13 20 15. For a pilot program to be established in one or more
13 21 judicial districts, selected by the department and the
13 22 judicial council, to provide employment and support services
13 23 to delinquent child support obligors as an alternative to
13 24 commitment to jail as punishment for contempt of court:
13 25 .................................................. $ 200,000
13 26 Of the amounts appropriated in this section, $12,962,008
13 27 for the fiscal year beginning July 1, 2007, shall be
13 28 transferred to the appropriation of the federal social
13 29 services block grant for that fiscal year. If the federal
13 30 government revises requirements to reduce the amount that may
13 31 be transferred to the federal social services block grant, it
13 32 is the intent of the general assembly to act expeditiously
13 33 during the 2008 legislative session to adjust appropriations
13 34 or the transferred amount or take other actions to address the
13 35 reduced amount.
14 1 The department may transfer funds allocated in this section
14 2 to the appropriations in this Act for general administration
14 3 and field operations for resources necessary to implement and
14 4 operate the services referred to in this section and those
14 5 funded in the appropriation made in this division of this Act
14 6 for the family investment program from the general fund.
14 7 Sec. 8. FAMILY INVESTMENT PROGRAM ACCOUNT.
14 8 1. Moneys credited to the family investment program (FIP)
14 9 account for the fiscal year beginning July 1, 2007, and ending
14 10 June 30, 2008, shall be used to provide assistance in
14 11 accordance with chapter 239B.
14 12 2. The department may use a portion of the moneys credited
14 13 to the FIP account under this section as necessary for
14 14 salaries, support, maintenance, and miscellaneous purposes.
14 15 3. The department may transfer funds allocated in this
14 16 section to the appropriations in this Act for general
14 17 administration and field operations for resources necessary to
14 18 implement and operate the services referred to in this section
14 19 and those funded in the appropriation made in this division of
14 20 this Act for the family investment program from the general
14 21 fund of the state.
14 22 4. Moneys appropriated in this division of this Act and
14 23 credited to the FIP account for the fiscal year beginning July
14 24 1, 2007, and ending June 30, 2008, are allocated as follows:
14 25 a. To be retained by the department of human services to
14 26 be used for coordinating with the department of human rights
14 27 to more effectively serve participants in the FIP program and
14 28 other shared clients and to meet federal reporting
14 29 requirements under the federal temporary assistance for needy
14 30 family block grant:
14 31 .................................................. $ 20,000
14 32 b. To the department of human rights for staffing,
14 33 administration, and implementation of the family development
14 34 and self=sufficiency grant program as provided under section
14 35 217.12:
15 1 .................................................. $ 5,563,042
15 2 (1) Of the funds allocated for the family development and
15 3 self=sufficiency grant program in this lettered paragraph, not
15 4 more than 5 percent of the funds shall be used for the
15 5 administration of the grant program.
15 6 (2) The department of human rights may continue to
15 7 implement the family development and self=sufficiency grant
15 8 program statewide during FY 2007=2008.
15 9 (3) The department of human rights is responsible for
15 10 complying with all federal temporary assistance for needy
15 11 family block grant requirements with respect to the funds
15 12 allocated in this lettered paragraph and for any federal
15 13 penalty that may result from a failure to meet the
15 14 requirements. These responsibilities include but are not
15 15 limited to ensuring that all expenditures of federal block
15 16 grant and state maintenance of effort funds are appropriate
15 17 and allowable in accordance with federal requirements and meet
15 18 federal work participation requirements with respect to the
15 19 population receiving benefits or services under the family
15 20 development and self=sufficiency grant program that are
15 21 subject to work requirements.
15 22 (4) With the allocation of funding for the family
15 23 development and self=sufficiency grant program directly to the
15 24 department of human rights in lieu of allocation through the
15 25 department of human services, the department of human rights
15 26 shall assume all responsibility for the grant program. The
15 27 responsibility includes identifying and addressing
15 28 implementation of any revisions in state law or administrative
15 29 rule needed to effect this change, including but not limited
15 30 to identifying any amendments needed to section 217.12.
15 31 (5) The department of human rights, consistent with the
15 32 Accountable Government Act in chapter 8E, shall adopt
15 33 appropriate performance measures for the grant program,
15 34 including but not limited to measures demonstrating how the
15 35 program helps families achieve self=sufficiency. The
16 1 department of human rights shall submit to the governor and
16 2 general assembly on or before October 31, 2008, a report
16 3 detailing these measures and the outcomes achieved for fiscal
16 4 year 2007=2008.
16 5 (6) The department of human rights shall develop a
16 6 memorandum of agreement with the department of human services
16 7 to coordinate referrals and delivery of services to
16 8 participants in the FIP program and other shared clients and
16 9 shall provide the department of human services with
16 10 information necessary for compliance with federal temporary
16 11 assistance for needy families block grant state plan and
16 12 reporting requirements, including but not limited to financial
16 13 and data reports.
16 14 c. For the diversion subaccount of the FIP account:
16 15 .................................................. $ 2,814,000
16 16 (1) A portion of the moneys allocated for the subaccount
16 17 may be used for field operations salaries, data management
16 18 system development, and implementation costs and support
16 19 deemed necessary by the director of human services in order to
16 20 administer the FIP diversion program.
16 21 (2) Of the funds allocated in this lettered paragraph, not
16 22 more than $250,000 shall be used to develop or continue
16 23 community=level parental obligation pilot projects. The
16 24 requirements established under 2001 Iowa Acts, chapter 191,
16 25 section 3, subsection 5, paragraph "c", subparagraph (3),
16 26 shall remain applicable to the parental obligation pilot
16 27 projects for fiscal year 2007=2008. Notwithstanding 441 IAC
16 28 100.8, providing for termination of rules relating to the
16 29 pilot projects the earlier of October 1, 2006, or when
16 30 legislative authority is discontinued, the rules relating to
16 31 the pilot projects shall remain in effect until June 30, 2008.
16 32 d. For developing and implementing a new program to
16 33 provide transitional benefits to families with members who are
16 34 employed at the time the family leaves the family investment
16 35 program in accordance with section 239B.11A, as enacted by
17 1 this Act:
17 2 .................................................. $ 2,000,000
17 3 The department may adopt emergency rules to implement the
17 4 new program.
17 5 e. For the food stamp employment and training program:
17 6 .................................................. $ 68,059
17 7 f. For the JOBS program:
17 8 .................................................. $ 23,968,628
17 9 5. Of the child support collections assigned under FIP, an
17 10 amount equal to the federal share of support collections shall
17 11 be credited to the child support recovery appropriation. Of
17 12 the remainder of the assigned child support collections
17 13 received by the child support recovery unit, a portion shall
17 14 be credited to the FIP account, a portion may be used to
17 15 increase recoveries, and a portion may be used to sustain cash
17 16 flow in the child support payments account. If as a result,
17 17 the appropriations allocated in this section are insufficient
17 18 to sustain cash assistance payments and meet federal
17 19 maintenance of effort requirements, the department shall seek
17 20 supplemental funding. If child support collections assigned
17 21 under FIP are greater than estimated or are otherwise
17 22 determined not to be required for maintenance of effort, the
17 23 state share of either amount may be transferred to or retained
17 24 in the child support payment account.
17 25 6. The department may adopt emergency rules for the family
17 26 investment, JOBS, family development and self=sufficiency
17 27 grant, food stamp, and medical assistance programs if
17 28 necessary to comply with federal requirements.
17 29 7. If the department determines that the appropriations
17 30 allocated in this section are insufficient to sustain cash
17 31 assistance payments and to meet federal maintenance of effort
17 32 requirements, the department shall seek supplemental funding.
17 33 Sec. 9. FAMILY INVESTMENT PROGRAM GENERAL FUND. There is
17 34 appropriated from the general fund of the state to the
17 35 department of human services for the fiscal year beginning
18 1 July 1, 2007, and ending June 30, 2008, the following amount,
18 2 or so much thereof as is necessary, to be used for the purpose
18 3 designated and for not more than the following full=time
18 4 equivalent positions:
18 5 To be credited to the family investment program (FIP)
18 6 account and used for family investment program assistance
18 7 under chapter 239B:
18 8 .................................................. $ 42,658,263
18 9 ............................................... FTEs 16.50
18 10 1. Of the funds appropriated in this section, $8,975,588
18 11 is allocated for the JOBS program.
18 12 2. Of the funds appropriated in this section, $2,584,367
18 13 is allocated for the family development and self=sufficiency
18 14 grant program as provided under section 217.12 and this
18 15 division of this Act. The department of human rights shall
18 16 ensure that the expenditures of moneys allocated from the
18 17 general fund of the state pursuant to this subsection are
18 18 eligible to be considered as state maintenance of effort
18 19 expenditures under federal temporary assistance for needy
18 20 families block grant requirements.
18 21 3. a. Of the funds appropriated in this section, $250,000
18 22 shall be used to continue a grant to an Iowa=based nonprofit
18 23 organization with a history of providing tax preparation
18 24 assistance to low=income Iowans in order to expand the usage
18 25 of the earned income tax credit. The purpose of the grant is
18 26 to supply this assistance to underserved areas of the state.
18 27 The grant shall be provided to an organization that has
18 28 existing national foundation support for supplying such
18 29 assistance that can also secure local charitable match
18 30 funding.
18 31 b. The general assembly supports efforts by the
18 32 organization receiving funding under this subsection to create
18 33 a statewide earned income tax credit and asset=building
18 34 coalition to achieve both of the following purposes:
18 35 (1) Expanding the usage of the tax credit through new and
19 1 enhanced outreach and marketing strategies as well as
19 2 identifying new local sites and human and financial resources.
19 3 (2) Assessing and recommending various strategies for
19 4 Iowans to develop assets through savings, individual
19 5 development accounts, financial literacy, anti=predatory
19 6 lending initiatives, informed home ownership, use of various
19 7 forms of support for work, and microenterprise business
19 8 development targeted to persons who are self=employed or have
19 9 fewer than five employees.
19 10 4. Notwithstanding section 8.39, for the fiscal year
19 11 beginning July 1, 2007, if necessary to meet federal
19 12 maintenance of effort requirements or to transfer federal
19 13 temporary assistance for needy families block grant funding to
19 14 be used for purposes of the federal social services block
19 15 grant or to meet cash flow needs resulting from delays in
19 16 receiving federal funding or to implement, in accordance with
19 17 this division of this Act, activities currently funded with
19 18 juvenile court services, county, or community moneys and state
19 19 moneys used in combination with such moneys, the department of
19 20 human services may transfer funds within or between any of the
19 21 appropriations made in this division of this Act and
19 22 appropriations in law for the federal social services block
19 23 grant to the department for the following purposes, provided
19 24 that the combined amount of state and federal temporary
19 25 assistance for needy families block grant funding for each
19 26 appropriation remains the same before and after the transfer:
19 27 a. For the family investment program.
19 28 b. For child care assistance.
19 29 c. For child and family services.
19 30 d. For field operations.
19 31 e. For general administration.
19 32 f. MH/MR/DD/BI community services (local purchase).
19 33 This subsection shall not be construed to prohibit existing
19 34 state transfer authority for other purposes. The department
19 35 shall report any transfers made pursuant to this subsection to
20 1 the legislative services agency.
20 2 5. The department of human services shall identify options
20 3 and resources needed to support responsible fatherhood. The
20 4 department shall report on or before December 15, 2007,
20 5 concerning the options considered, potential funding
20 6 opportunities, and any options subsequently initiated to the
20 7 persons designated in this Act to receive reports.
20 8 Sec. 10. CHILD SUPPORT RECOVERY. There is appropriated
20 9 from the general fund of the state to the department of human
20 10 services for the fiscal year beginning July 1, 2007, and
20 11 ending June 30, 2008, the following amount, or so much thereof
20 12 as is necessary, to be used for the purposes designated:
20 13 For child support recovery, including salaries, support,
20 14 maintenance, and miscellaneous purposes and for not more than
20 15 the following full=time equivalent positions:
20 16 .................................................. $ 9,760,098
20 17 ............................................... FTEs 508.00
20 18 1. The department shall expend up to $31,000, including
20 19 federal financial participation, for the fiscal year beginning
20 20 July 1, 2007, for a child support public awareness campaign.
20 21 The department and the office of the attorney general shall
20 22 cooperate in continuation of the campaign. The public
20 23 awareness campaign shall emphasize, through a variety of media
20 24 activities, the importance of maximum involvement of both
20 25 parents in the lives of their children as well as the
20 26 importance of payment of child support obligations.
20 27 2. Federal access and visitation grant moneys shall be
20 28 issued directly to private not=for=profit agencies that
20 29 provide services designed to increase compliance with the
20 30 child access provisions of court orders, including but not
20 31 limited to neutral visitation sites and mediation services.
20 32 3. Beginning October 1, 2007, and notwithstanding chapter
20 33 252C, 252F, or 252H, or any other applicable chapter, either
20 34 parent may be ordered to provide medical support in accordance
20 35 with the federal Deficit Reduction Act of 2005, Pub. L. No.
21 1 109=171.
21 2 4. The appropriation made to the department for child
21 3 support recovery may be used throughout the fiscal year in the
21 4 manner necessary for purposes of cash flow management, and for
21 5 cash flow management, the department may temporarily draw more
21 6 than the amount appropriated, provided the amount appropriated
21 7 is not exceeded at the close of the fiscal year.
21 8 Sec. 11. MEDICAL ASSISTANCE. There is appropriated from
21 9 the general fund of the state to the department of human
21 10 services for the fiscal year beginning July 1, 2007, and
21 11 ending June 30, 2008, the following amount, or so much thereof
21 12 as is necessary, to be used for the purpose designated:
21 13 For medical assistance reimbursement and associated costs
21 14 as specifically provided in the reimbursement methodologies in
21 15 effect on June 30, 2007, except as otherwise expressly
21 16 authorized by law, including reimbursement for abortion
21 17 services, which shall be available under the medical
21 18 assistance program only for those abortions which are
21 19 medically necessary:
21 20 .................................................. $616,771,820
21 21 1. Medically necessary abortions are those performed under
21 22 any of the following conditions:
21 23 a. The attending physician certifies that continuing the
21 24 pregnancy would endanger the life of the pregnant woman.
21 25 b. The attending physician certifies that the fetus is
21 26 physically deformed, mentally deficient, or afflicted with a
21 27 congenital illness.
21 28 c. The pregnancy is the result of a rape which is reported
21 29 within 45 days of the incident to a law enforcement agency or
21 30 public or private health agency which may include a family
21 31 physician.
21 32 d. The pregnancy is the result of incest which is reported
21 33 within 150 days of the incident to a law enforcement agency or
21 34 public or private health agency which may include a family
21 35 physician.
22 1 e. Any spontaneous abortion, commonly known as a
22 2 miscarriage, if not all of the products of conception are
22 3 expelled.
22 4 2. The department shall utilize not more than $60,000 of
22 5 the funds appropriated in this section to continue the
22 6 AIDS/HIV health insurance premium payment program as
22 7 established in 1992 Iowa Acts, Second Extraordinary Session,
22 8 chapter 1001, section 409, subsection 6. Of the funds
22 9 allocated in this subsection, not more than $5,000 may be
22 10 expended for administrative purposes.
22 11 3. Of the funds appropriated in this Act to the department
22 12 of public health for addictive disorders, $950,000 for the
22 13 fiscal year beginning July 1, 2007, shall be transferred to
22 14 the department of human services for an integrated substance
22 15 abuse managed care system. The department shall not assume
22 16 management of the substance abuse system in place of the
22 17 managed care contractor unless such a change in approach is
22 18 specifically authorized in law.
22 19 4. a. The department shall aggressively pursue options
22 20 for providing medical assistance or other assistance to
22 21 individuals with special needs who become ineligible to
22 22 continue receiving services under the early and periodic
22 23 screening, diagnosis, and treatment program under the medical
22 24 assistance program due to becoming 21 years of age, who have
22 25 been approved for additional assistance through the
22 26 department's exception to policy provisions, but who have
22 27 health care needs in excess of the funding available through
22 28 the exception to policy provisions.
22 29 b. Of the funds appropriated in this section, $100,000
22 30 shall be used for participation in one or more pilot projects
22 31 operated by a private provider to allow the individual or
22 32 individuals to receive service in the community in accordance
22 33 with principles established in Olmstead v. L.C., 527 U.S. 581
22 34 (1999), for the purpose of providing medical assistance or
22 35 other assistance to individuals with special needs who become
23 1 ineligible to continue receiving services under the early and
23 2 periodic screening, diagnosis, and treatment program under the
23 3 medical assistance program due to becoming 21 years of age,
23 4 who have been approved for additional assistance through the
23 5 department's exception to policy provisions, but who have
23 6 health care needs in excess of the funding available through
23 7 the exception to the policy provisions.
23 8 5. Of the funds appropriated in this section, up to
23 9 $3,050,082 may be transferred to the field operations or
23 10 general administration appropriations in this Act for
23 11 operational costs associated with Part D of the federal
23 12 Medicare Prescription Drug, Improvement, and Modernization Act
23 13 of 2003, Pub. L. No. 108=173.
23 14 6. In addition to any other funds appropriated in this
23 15 Act, of the funds appropriated in this section, $250,000 shall
23 16 be used for continuation of the grant to the Iowa healthcare
23 17 collaborative as defined in section 135.40.
23 18 7. The department may amend the Medicaid state plan to
23 19 provide medical assistance reciprocity for children who
23 20 receive an adoption subsidy who are not eligible for funding
23 21 under Title IV=E of the federal Social Security Act.
23 22 8. Of the funds appropriated in this section, up to
23 23 $500,000 shall be used to enhance outreach efforts. The
23 24 department may transfer funds allocated in this subsection to
23 25 the appropriations in this division of this Act for general
23 26 administration, the state children's health insurance program,
23 27 or medical contracts, as necessary, to implement the outreach
23 28 efforts.
23 29 9. Of the funds appropriated in this section, up to
23 30 $442,100 may be transferred to the appropriation in this Act
23 31 for medical contracts to be used for clinical assessment
23 32 services related to remedial services in accordance with
23 33 federal law.
23 34 10. Of the funds appropriated in this section, $1,540,000
23 35 may be used for the demonstration to maintain independence and
24 1 employment (DMIE) if the waiver for DMIE is approved by the
24 2 centers for Medicare and Medicaid services of the United
24 3 States department of health and human services. Additionally,
24 4 if the waiver is approved, $440,000 of the funds shall be
24 5 transferred to the department of corrections for the DMIE
24 6 activities.
24 7 11. The drug utilization review commission shall monitor
24 8 the smoking cessation benefit provided under the medical
24 9 assistance program and shall provide a report of utilization,
24 10 client success, cost=effectiveness, and recommendations for
24 11 any changes in the benefit to the persons designated in this
24 12 Act to receive reports by January 15, 2008. If a prescriber
24 13 determines that all smoking cessation aids on the preferred
24 14 drug list are not effective or medically appropriate for a
24 15 patient, the prescriber may apply for an exception to policy
24 16 for another product approved by the United States food and
24 17 drug administration for smoking cessation pursuant to 441 IAC
24 18 1.8(1).
24 19 12. The department shall review the maximum payment
24 20 allowed under each home and community=based services waiver
24 21 and shall report by December 15, 2007, to the persons
24 22 designated in this Act to receive reports, recommendations to
24 23 adjust the maximum payment levels to provide equity among the
24 24 populations served.
24 25 13. A portion of the funds appropriated in this section
24 26 may be transferred to the appropriations in this division of
24 27 this Act for general administration, medical contracts, the
24 28 state children's health insurance program, or field operations
24 29 to be used for the state match cost to comply with the payment
24 30 error rate measurement (PERM) program for both the medical
24 31 assistance and state children's health insurance programs as
24 32 developed by the centers for Medicare and Medicaid services of
24 33 the United States department of health and human services to
24 34 comply with the federal Improper Payments Information Act of
24 35 2002, Pub. L. No. 107=300.
25 1 14. It is the intent of the general assembly that the
25 2 department implement the recommendations of the assuring
25 3 better child health and development initiative II (ABCDII)
25 4 clinical panel to the Iowa early and periodic screening,
25 5 diagnostic, and treatment services healthy mental development
25 6 collaborative board regarding changes to billing procedures,
25 7 codes, and eligible service providers.
25 8 15. Of the funds appropriated in this section, a
25 9 sufficient amount is allocated to supplement the incomes of
25 10 residents of nursing facilities with incomes of less than
25 11 fifty dollars in the amount necessary for the residents to
25 12 receive a personal needs allowance of fifty dollars per month
25 13 pursuant to section 249A.30A.
25 14 16. Of the funds appropriated in this section, $230,618
25 15 shall be used as additional funding to reduce the waiting list
25 16 for the children's mental health home and community=based
25 17 services waiver.
25 18 Sec. 12. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There
25 19 is appropriated from the general fund of the state to the
25 20 department of human services for the fiscal year beginning
25 21 July 1, 2007, and ending June 30, 2008, the following amount,
25 22 or so much thereof as is necessary, to be used for the purpose
25 23 designated:
25 24 For administration of the health insurance premium payment
25 25 program, including salaries, support, maintenance, and
25 26 miscellaneous purposes and for not more than the following
25 27 full=time equivalent positions:
25 28 .................................................. $ 654,568
25 29 ............................................... FTEs 21.00
25 30 Sec. 13. MEDICAL CONTRACTS. There is appropriated from
25 31 the general fund of the state to the department of human
25 32 services for the fiscal year beginning July 1, 2007, and
25 33 ending June 30, 2008, the following amount, or so much thereof
25 34 as is necessary, to be used for the purpose designated:
25 35 For medical contracts, including salaries, support,
26 1 maintenance, and miscellaneous purposes and for not more than
26 2 the following full=time equivalent positions:
26 3 .................................................. $ 13,773,152
26 4 ............................................... FTEs 6.00
26 5 1. Of the funds appropriated in this section, $50,000
26 6 shall be used for electronic cross=matching with state vital
26 7 records databases through the department of public health.
26 8 2. Of the funds appropriated in this section, $250,000
26 9 shall be used for increased monitoring of home and
26 10 community=based services waivers.
26 11 Sec. 14. STATE SUPPLEMENTARY ASSISTANCE.
26 12 1. There is appropriated from the general fund of the
26 13 state to the department of human services for the fiscal year
26 14 beginning July 1, 2007, and ending June 30, 2008, the
26 15 following amount, or so much thereof as is necessary, to be
26 16 used for the purpose designated:
26 17 For the state supplementary assistance program:
26 18 .................................................. $ 17,210,335
26 19 2. The department shall increase the personal needs
26 20 allowance for residents of residential care facilities by the
26 21 same percentage and at the same time as federal supplemental
26 22 security income and federal social security benefits are
26 23 increased due to a recognized increase in the cost of living.
26 24 The department may adopt emergency rules to implement this
26 25 subsection.
26 26 3. If during the fiscal year beginning July 1, 2007, the
26 27 department projects that state supplementary assistance
26 28 expenditures for a calendar year will not meet the federal
26 29 pass=along requirement specified in Title XVI of the federal
26 30 Social Security Act, section 1618, as codified in 42 U.S.C. }
26 31 1382g, the department may take actions including but not
26 32 limited to increasing the personal needs allowance for
26 33 residential care facility residents and making programmatic
26 34 adjustments or upward adjustments of the residential care
26 35 facility or in=home health=related care reimbursement rates
27 1 prescribed in this division of this Act to ensure that federal
27 2 requirements are met. In addition, the department may make
27 3 other programmatic and rate adjustments necessary to remain
27 4 within the amount appropriated in this section while ensuring
27 5 compliance with federal requirements. The department may
27 6 adopt emergency rules to implement the provisions of this
27 7 subsection.
27 8 Sec. 15. CHILDREN'S HEALTH INSURANCE PROGRAM.
27 9 1. There is appropriated from the general fund of the
27 10 state to the department of human services for the fiscal year
27 11 beginning July 1, 2007, and ending June 30, 2008, the
27 12 following amount, or so much thereof as is necessary, to be
27 13 used for the purpose designated:
27 14 For maintenance of the healthy and well kids in Iowa (hawk=
27 15 i) program pursuant to chapter 514I for receipt of federal
27 16 financial participation under Title XXI of the federal Social
27 17 Security Act, which creates the state children's health
27 18 insurance program:
27 19 .................................................. $ 14,871,052
27 20 2. If sufficient funding is available under this Act, and
27 21 if federal reauthorization of the state children's health
27 22 insurance program provides sufficient federal allocations to
27 23 the state and authorization to cover the following populations
27 24 as an option under the state children's health insurance
27 25 program, the department may expand coverage under the state
27 26 children's health insurance program as follows:
27 27 a. By eliminating the categorical exclusion of state
27 28 employees from receiving state children's health insurance
27 29 program benefits.
27 30 b. By providing coverage for legal immigrant children and
27 31 pregnant women not eligible under current federal guidelines.
27 32 c. By covering children up to age twenty=one, or up to age
27 33 twenty=three if the child is attending school.
27 34 3. If the United States Congress does not authorize
27 35 additional federal funds necessary to address the shortfall
28 1 for the state children's health insurance program for the
28 2 federal fiscal year beginning October 1, 2006, and ending
28 3 September 30, 2007, the department may use 100 percent state
28 4 funds from the appropriation made in this section for the
28 5 period beginning July 1, 2007, and ending September 30, 2007,
28 6 and may, after consultation with the governor and the general
28 7 assembly, utilize funding from the appropriations made in this
28 8 Act for medical assistance to maintain the state children's
28 9 health insurance program. If deemed necessary, the department
28 10 shall request a supplemental appropriation from the
28 11 Eighty=second General Assembly, 2008 Session, to address any
28 12 remaining shortfall for the fiscal year beginning July 1,
28 13 2007.
28 14 Sec. 16. CHILD CARE ASSISTANCE. There is appropriated
28 15 from the general fund of the state to the department of human
28 16 services for the fiscal year beginning July 1, 2007, and
28 17 ending June 30, 2008, the following amount, or so much thereof
28 18 as is necessary, to be used for the purpose designated:
28 19 For child care programs:
28 20 .................................................. $ 37,875,701
28 21 1. Of the funds appropriated in this section, $34,969,889
28 22 shall be used for state child care assistance in accordance
28 23 with section 237A.13.
28 24 2. Nothing in this section shall be construed or is
28 25 intended as, or shall imply, a grant of entitlement for
28 26 services to persons who are eligible for assistance due to an
28 27 income level consistent with the waiting list requirements of
28 28 section 237A.13. Any state obligation to provide services
28 29 pursuant to this section is limited to the extent of the funds
28 30 appropriated in this section.
28 31 3. Of the funds appropriated in this section, $525,524 is
28 32 allocated for the statewide program for child care resource
28 33 and referral services under section 237A.26. A list of the
28 34 registered and licensed child care facilities operating in the
28 35 area served by a child care resource and referral service
29 1 shall be made available to the families receiving state child
29 2 care assistance in that area.
29 3 4. Of the funds appropriated in this section, $1,180,288
29 4 is allocated for child care quality improvement initiatives
29 5 including but not limited to development and continuation of a
29 6 quality rating system.
29 7 5. The department may use any of the funds appropriated in
29 8 this section as a match to obtain federal funds for use in
29 9 expanding child care assistance and related programs. For the
29 10 purpose of expenditures of state and federal child care
29 11 funding, funds shall be considered obligated at the time
29 12 expenditures are projected or are allocated to the
29 13 department's service areas. Projections shall be based on
29 14 current and projected caseload growth, current and projected
29 15 provider rates, staffing requirements for eligibility
29 16 determination and management of program requirements including
29 17 data systems management, staffing requirements for
29 18 administration of the program, contractual and grant
29 19 obligations and any transfers to other state agencies, and
29 20 obligations for decategorization or innovation projects.
29 21 6. A portion of the state match for the federal child care
29 22 and development block grant shall be provided as necessary to
29 23 meet federal matching funds requirements through the state
29 24 general fund appropriation for child development grants and
29 25 other programs for at=risk children in section 279.51.
29 26 7. Of the funds appropriated in this section, $1,200,000
29 27 is transferred to the Iowa empowerment fund from which it is
29 28 appropriated to be used for professional development for the
29 29 system of early care, health, and education.
29 30 8. Notwithstanding section 8.33, moneys appropriated in
29 31 this section or received from the federal appropriations made
29 32 for the purposes of this section, that remain unencumbered or
29 33 unobligated at the close of the fiscal year shall not revert
29 34 to any fund but shall remain available for expenditure for the
29 35 purposes designated until the close of the succeeding fiscal
30 1 year.
30 2 Sec. 17. JUVENILE INSTITUTIONS. There is appropriated
30 3 from the general fund of the state to the department of human
30 4 services for the fiscal year beginning July 1, 2007, and
30 5 ending June 30, 2008, the following amounts, or so much
30 6 thereof as is necessary, to be used for the purposes
30 7 designated:
30 8 1. For operation of the Iowa juvenile home at Toledo and
30 9 for salaries, support, and maintenance and for not more than
30 10 the following full=time positions:
30 11 .................................................. $ 7,170,289
30 12 ............................................... FTEs 128.00
30 13 Of the amount appropriated in this subsection, $134,605 is
30 14 allocated to increase mental health and behavioral services
30 15 staffing.
30 16 2. For operation of the state training school at Eldora
30 17 and for salaries, support, and maintenance and for not more
30 18 than the following full=time positions:
30 19 .................................................. $ 11,241,986
30 20 ............................................... FTEs 204.88
30 21 Of the amount appropriated in this subsection, $184,988 is
30 22 allocated to increase mental health and behavioral services
30 23 staffing.
30 24 3. A portion of the moneys appropriated in this section
30 25 shall be used by the state training school and by the Iowa
30 26 juvenile home for grants for adolescent pregnancy prevention
30 27 activities at the institutions in the fiscal year beginning
30 28 July 1, 2007.
30 29 Sec. 18. CHILD AND FAMILY SERVICES.
30 30 1. There is appropriated from the general fund of the
30 31 state to the department of human services for the fiscal year
30 32 beginning July 1, 2007, and ending June 30, 2008, the
30 33 following amount, or so much thereof as is necessary, to be
30 34 used for the purpose designated:
30 35 For child and family services:
31 1 .................................................. $ 88,520,320
31 2 2. In order to address a reduction of $5,200,000 from the
31 3 amount allocated under the appropriation made for the purposes
31 4 of this section in prior years for purposes of juvenile
31 5 delinquent graduated sanction services, up to $5,200,000 of
31 6 the amount of federal temporary assistance for needy families
31 7 block grant funding appropriated in this division of this Act
31 8 for child and family services shall be made available for
31 9 purposes of juvenile delinquent graduated sanction services.
31 10 3. The department may transfer funds appropriated in this
31 11 section as necessary to pay the nonfederal costs of services
31 12 reimbursed under the medical assistance program or the family
31 13 investment program which are provided to children who would
31 14 otherwise receive services paid under the appropriation in
31 15 this section. The department may transfer funds appropriated
31 16 in this section to the appropriations in this division of this
31 17 Act for general administration and for field operations for
31 18 resources necessary to implement and operate the services
31 19 funded in this section.
31 20 4. a. Of the funds appropriated in this section, up to
31 21 $35,916,527 is allocated as the statewide expenditure target
31 22 under section 232.143 for group foster care maintenance and
31 23 services.
31 24 b. If at any time after September 30, 2007, annualization
31 25 of a service area's current expenditures indicates a service
31 26 area is at risk of exceeding its group foster care expenditure
31 27 target under section 232.143 by more than 5 percent, the
31 28 department and juvenile court services shall examine all group
31 29 foster care placements in that service area in order to
31 30 identify those which might be appropriate for termination. In
31 31 addition, any aftercare services believed to be needed for the
31 32 children whose placements may be terminated shall be
31 33 identified. The department and juvenile court services shall
31 34 initiate action to set dispositional review hearings for the
31 35 placements identified. In such a dispositional review
32 1 hearing, the juvenile court shall determine whether needed
32 2 aftercare services are available and whether termination of
32 3 the placement is in the best interest of the child and the
32 4 community.
32 5 c. Of the funds allocated in this subsection, $2,373,942
32 6 is allocated as the state match funding for 50 highly
32 7 structured juvenile program beds. If the number of beds
32 8 provided for in this lettered paragraph is not utilized, the
32 9 remaining funds allocated may be used for group foster care.
32 10 The department of human services, in consultation with the
32 11 division of criminal and juvenile justice planning of the
32 12 department of human rights, shall review the programming and
32 13 effectiveness of the two existing highly structured juvenile
32 14 programs. The review shall include consideration of the
32 15 national research concerning juvenile "boot camp" programs,
32 16 comparison of recidivism rates and foster care reentry rates
32 17 for the highly structured programs with those of other group
32 18 foster care programs. The review shall provide a
32 19 recommendation as to whether or not funding should continue to
32 20 be specifically designated for the highly structured programs.
32 21 The department shall report on or before December 15, 2007,
32 22 with findings and recommendations to the persons designated by
32 23 this Act to receive reports.
32 24 5. In accordance with the provisions of section 232.188,
32 25 the department shall continue the child welfare and juvenile
32 26 justice funding initiative. Of the funds appropriated in this
32 27 section, $2,605,000 is allocated specifically for expenditure
32 28 through the decategorization service funding pools and
32 29 governance boards established pursuant to section 232.188. In
32 30 addition, up to $1,000,000 of the amount of federal temporary
32 31 assistance for needy families block grant funding appropriated
32 32 in this division of this Act for child and family services
32 33 shall be made available for purposes of the decategorization
32 34 initiative as provided in this subsection.
32 35 6. A portion of the funds appropriated in this section may
33 1 be used for emergency family assistance to provide other
33 2 resources required for a family participating in a family
33 3 preservation or reunification project or successor project to
33 4 stay together or to be reunified.
33 5 7. Notwithstanding section 234.35 or any other provision
33 6 of law to the contrary, for the fiscal year beginning July 1,
33 7 2007, state funding for shelter care shall be limited to the
33 8 amount necessary to fund 273 beds that are guaranteed and
33 9 seven beds that are not guaranteed.
33 10 8. Federal funds received by the state during the fiscal
33 11 year beginning July 1, 2007, as the result of the expenditure
33 12 of state funds appropriated during a previous state fiscal
33 13 year for a service or activity funded under this section, are
33 14 appropriated to the department to be used as additional
33 15 funding for services and purposes provided for under this
33 16 section. Notwithstanding section 8.33, moneys received in
33 17 accordance with this subsection that remain unencumbered or
33 18 unobligated at the close of the fiscal year shall not revert
33 19 to any fund but shall remain available for the purposes
33 20 designated until the close of the succeeding fiscal year.
33 21 9. Of the funds appropriated in this section, $3,696,285
33 22 shall be used for protective child care assistance.
33 23 10. a. Of the funds appropriated in this section, up to
33 24 $2,268,963 is allocated for the payment of the expenses of
33 25 court=ordered services provided to juveniles who are under the
33 26 supervision of juvenile court services, which expenses are a
33 27 charge upon the state pursuant to section 232.141, subsection
33 28 4. Of the amount allocated in this subsection, up to
33 29 $1,556,287 shall be made available to provide school=based
33 30 supervision of children adjudicated under chapter 232, of
33 31 which not more than $15,000 may be used for the purpose of
33 32 training. A portion of the cost of each school=based liaison
33 33 officer shall be paid by the school district or other funding
33 34 source as approved by the chief juvenile court officer.
33 35 b. Of the funds appropriated in this section, up to
34 1 $823,965 is allocated for the payment of the expenses of
34 2 court=ordered services provided to children who are under the
34 3 supervision of the department, which expenses are a charge
34 4 upon the state pursuant to section 232.141, subsection 4.
34 5 c. Notwithstanding section 232.141 or any other provision
34 6 of law to the contrary, the amounts allocated in this
34 7 subsection shall be distributed to the judicial districts as
34 8 determined by the state court administrator and to the
34 9 department's service areas as determined by the administrator
34 10 of the department's division of children and family services.
34 11 The state court administrator and the division administrator
34 12 shall make the determination of the distribution amounts on or
34 13 before June 15, 2007.
34 14 d. Notwithstanding chapter 232 or any other provision of
34 15 law to the contrary, a district or juvenile court shall not
34 16 order any service which is a charge upon the state pursuant to
34 17 section 232.141 if there are insufficient court=ordered
34 18 services funds available in the district court or departmental
34 19 service area distribution amounts to pay for the service. The
34 20 chief juvenile court officer and the departmental service area
34 21 manager shall encourage use of the funds allocated in this
34 22 subsection such that there are sufficient funds to pay for all
34 23 court=related services during the entire year. The chief
34 24 juvenile court officers and departmental service area managers
34 25 shall attempt to anticipate potential surpluses and shortfalls
34 26 in the distribution amounts and shall cooperatively request
34 27 the state court administrator or division administrator to
34 28 transfer funds between the judicial districts' or departmental
34 29 service areas' distribution amounts as prudent.
34 30 e. Notwithstanding any provision of law to the contrary, a
34 31 district or juvenile court shall not order a county to pay for
34 32 any service provided to a juvenile pursuant to an order
34 33 entered under chapter 232 which is a charge upon the state
34 34 under section 232.141, subsection 4.
34 35 f. Of the funds allocated in this subsection, not more
35 1 than $100,000 may be used by the judicial branch for
35 2 administration of the requirements under this subsection.
35 3 11. Of the funds appropriated in this section, $1,030,000
35 4 shall be transferred to the department of public health to be
35 5 used for the child protection center grant program in
35 6 accordance with section 135.118.
35 7 12. Of the funds appropriated in this section, $152,440
35 8 shall be used for funding of one or more child welfare
35 9 diversion and mediation pilot projects as provided in 2004
35 10 Iowa Acts, chapter 1130, section 1.
35 11 13. If the department receives federal approval to
35 12 implement a waiver under Title IV=E of the federal Social
35 13 Security Act to enable providers to serve children who remain
35 14 in the children's families and communities, for purposes of
35 15 eligibility under the medical assistance program children who
35 16 participate in the waiver shall be considered to be placed in
35 17 foster care.
35 18 14. Of the funds appropriated in this section, $3,031,439
35 19 is allocated for the preparation for adult living program
35 20 pursuant to section 234.46. Of the amount allocated in this
35 21 subsection, $210,000 is transferred and credited to the risk
35 22 pool in the property tax relief fund.
35 23 15. Of the funds appropriated in this section, $51,500 is
35 24 allocated for a grant to continue an existing program operated
35 25 by a nonprofit organization providing family treatment and
35 26 community education services in a nine=county area.
35 27 16. Of the funds appropriated in this section, $830,000
35 28 shall be used to continue juvenile drug courts. The amount
35 29 allocated in this subsection shall be distributed as follows:
35 30 a. To the judicial branch for salaries to assist with the
35 31 operation of juvenile drug court programs operated in the
35 32 following jurisdictions:
35 33 (1) Marshall county:
35 34 .................................................. $ 61,800
35 35 (2) Woodbury county:
36 1 .................................................. $ 123,862
36 2 (3) Polk county:
36 3 .................................................. $ 193,057
36 4 (4) For continuation of a program in the third judicial
36 5 district:
36 6 .................................................. $ 66,950
36 7 (5) For continuation of a program in the eighth judicial
36 8 district:
36 9 .................................................. $ 66,950
36 10 b. For court=ordered services to support substance abuse
36 11 services provided to the juveniles participating in the
36 12 juvenile drug court programs listed in paragraph "a" and the
36 13 juveniles' families:
36 14 .................................................. $ 317,381
36 15 The state court administrator shall allocate the funding
36 16 designated in this paragraph among the programs.
36 17 17. Of the funds appropriated in this section, $203,000 is
36 18 allocated to continue the multidimensional treatment level
36 19 foster care program established pursuant to 2006 Iowa Acts,
36 20 chapter 1123.
36 21 18. Of the funds appropriated in this section, $236,900
36 22 shall be used for continuation of a grant to a nonprofit human
36 23 services organization providing services to individuals and
36 24 families in multiple locations in southwest Iowa and Nebraska
36 25 for support of a project providing immediate, sensitive
36 26 support and forensic interviews, medical exams, needs
36 27 assessments and referrals for victims of child abuse and their
36 28 nonoffending family members.
36 29 19. Of the funds appropriated in this section, $120,000 is
36 30 allocated for expansion of the elevate approach of providing a
36 31 support network to children placed in foster care.
36 32 20. Of the funds appropriated in this section, $300,000 is
36 33 allocated for implementation of sibling visitation provisions
36 34 for children subject to a court order for out=of=home
36 35 placement in accordance with 2007 Iowa Acts, Senate File 480,
37 1 if enacted.
37 2 21. Of the funds appropriated in this section, $200,000 is
37 3 allocated for use pursuant to section 235A.1 for a new
37 4 initiative to address child sexual abuse.
37 5 Sec. 19. ADOPTION SUBSIDY.
37 6 1. There is appropriated from the general fund of the
37 7 state to the department of human services for the fiscal year
37 8 beginning July 1, 2007, and ending June 30, 2008, the
37 9 following amount, or so much thereof as is necessary, to be
37 10 used for the purpose designated:
37 11 For adoption subsidy payments and services:
37 12 .................................................. $ 31,972,681
37 13 2. The department may transfer funds appropriated in this
37 14 section to the appropriations in this Act for child and family
37 15 services to be used for adoptive family recruitment and other
37 16 services to achieve adoption.
37 17 3. Federal funds received by the state during the fiscal
37 18 year beginning July 1, 2007, as the result of the expenditure
37 19 of state funds during a previous state fiscal year for a
37 20 service or activity funded under this section, are
37 21 appropriated to the department to be used as additional
37 22 funding for the services and activities funded under this
37 23 section. Notwithstanding section 8.33, moneys received in
37 24 accordance with this subsection that remain unencumbered or
37 25 unobligated at the close of the fiscal year shall not revert
37 26 to any fund but shall remain available for expenditure for the
37 27 purposes designated until the close of the succeeding fiscal
37 28 year.
37 29 Sec. 20. JUVENILE DETENTION HOME FUND. Moneys deposited
37 30 in the juvenile detention home fund created in section 232.142
37 31 during the fiscal year beginning July 1, 2007, and ending June
37 32 30, 2008, are appropriated to the department of human services
37 33 for the fiscal year beginning July 1, 2007, and ending June
37 34 30, 2008, for distribution as follows:
37 35 1. An amount equal to 10 percent of the costs of the
38 1 establishment, improvement, operation, and maintenance of
38 2 county or multicounty juvenile detention homes in the fiscal
38 3 year beginning July 1, 2006. Moneys appropriated for
38 4 distribution in accordance with this subsection shall be
38 5 allocated among eligible detention homes, prorated on the
38 6 basis of an eligible detention home's proportion of the costs
38 7 of all eligible detention homes in the fiscal year beginning
38 8 July 1, 2006. Notwithstanding section 232.142, subsection 3,
38 9 the financial aid payable by the state under that provision
38 10 for the fiscal year beginning July 1, 2007, shall be limited
38 11 to the amount appropriated for the purposes of this
38 12 subsection.
38 13 2. For renewal of a grant to a county with a population
38 14 between 189,000 and 196,000 in the latest preceding certified
38 15 federal census for implementation of the county's runaway
38 16 treatment plan under section 232.195:
38 17 .................................................. $ 80,000
38 18 3. For continuation and expansion of the community
38 19 partnership for child protection sites:
38 20 .................................................. $ 418,000
38 21 4. For continuation of the department's minority youth and
38 22 family projects under the redesign of the child welfare
38 23 system:
38 24 .................................................. $ 375,000
38 25 5. For funding of the state match for the federal
38 26 substance abuse and mental health services administration
38 27 (SAMHSA) system of care grant:
38 28 .................................................. $ 400,000
38 29 6. For transfer to the appropriation made in this Act for
38 30 child and family services to supplement the statewide
38 31 expenditure target amount under section 232.143 designated in
38 32 the appropriation made in this Act for child and family
38 33 services:
38 34 .................................................. $ 1,324,000
38 35 7. For training of nonlicensed relatives caring for
39 1 children in the child welfare system:
39 2 .................................................. $ 276,000
39 3 8. The remainder for additional allocations to county or
39 4 multicounty juvenile detention homes, in accordance with the
39 5 distribution requirements of subsection 1.
39 6 Sec. 21. FAMILY SUPPORT SUBSIDY PROGRAM.
39 7 1. There is appropriated from the general fund of the
39 8 state to the department of human services for the fiscal year
39 9 beginning July 1, 2007, and ending June 30, 2008, the
39 10 following amount, or so much thereof as is necessary, to be
39 11 used for the purpose designated:
39 12 For the family support subsidy program:
39 13 .................................................. $ 1,936,434
39 14 2. The department shall use at least $333,212 of the
39 15 moneys appropriated in this section for the family support
39 16 center component of the comprehensive family support program
39 17 under section 225C.47. Not more than $20,000 of the amount
39 18 allocated in this subsection shall be used for administrative
39 19 costs.
39 20 Sec. 22. CONNER DECREE. There is appropriated from the
39 21 general fund of the state to the department of human services
39 22 for the fiscal year beginning July 1, 2007, and ending June
39 23 30, 2008, the following amount, or so much thereof as is
39 24 necessary, to be used for the purpose designated:
39 25 For building community capacity through the coordination
39 26 and provision of training opportunities in accordance with the
39 27 consent decree of Conner v. Branstad, No. 4=86=CV=30871(S.D.
39 28 Iowa, July 14, 1994):
39 29 .................................................. $ 42,623
39 30 Sec. 23. MENTAL HEALTH INSTITUTES. There is appropriated
39 31 from the general fund of the state to the department of human
39 32 services for the fiscal year beginning July 1, 2007, and
39 33 ending June 30, 2008, the following amounts, or so much
39 34 thereof as is necessary, to be used for the purposes
39 35 designated:
40 1 1. For the state mental health institute at Cherokee for
40 2 salaries, support, maintenance, and miscellaneous purposes and
40 3 for not more than the following full=time equivalent
40 4 positions:
40 5 .................................................. $ 5,367,652
40 6 ............................................... FTEs 210.00
40 7 2. For the state mental health institute at Clarinda for
40 8 salaries, support, maintenance, and miscellaneous purposes and
40 9 for not more than the following full=time equivalent
40 10 positions:
40 11 .................................................. $ 6,540,101
40 12 ............................................... FTEs 109.95
40 13 3. For the state mental health institute at Independence
40 14 for salaries, support, maintenance, and miscellaneous purposes
40 15 and for not more than the following full=time equivalent
40 16 positions:
40 17 .................................................. $ 9,606,542
40 18 ............................................... FTEs 285.66
40 19 4. For the state mental health institute at Mount Pleasant
40 20 for salaries, support, maintenance, and miscellaneous purposes
40 21 and for not more than the following full=time equivalent
40 22 positions:
40 23 .................................................. $ 1,522,598
40 24 ............................................... FTEs 115.84
40 25 Sec. 24. STATE RESOURCE CENTERS.
40 26 1. There is appropriated from the general fund of the
40 27 state to the department of human services for the fiscal year
40 28 beginning July 1, 2007, and ending June 30, 2008, the
40 29 following amounts, or so much thereof as is necessary, to be
40 30 used for the purposes designated:
40 31 a. For the state resource center at Glenwood for salaries,
40 32 support, maintenance, and miscellaneous purposes:
40 33 .................................................. $ 15,938,762
40 34 b. For the state resource center at Woodward for salaries,
40 35 support, maintenance, and miscellaneous purposes:
41 1 .................................................. $ 10,087,272
41 2 2. The department may continue to bill for state resource
41 3 center services utilizing a scope of services approach used
41 4 for private providers of ICFMR services, in a manner which
41 5 does not shift costs between the medical assistance program,
41 6 counties, or other sources of funding for the state resource
41 7 centers.
41 8 3. The state resource centers may expand the time=limited
41 9 assessment and respite services during the fiscal year.
41 10 4. If the department's administration and the department
41 11 of management concur with a finding by a state resource
41 12 center's superintendent that projected revenues can reasonably
41 13 be expected to pay the salary and support costs for a new
41 14 employee position, or that such costs for adding a particular
41 15 number of new positions for the fiscal year would be less than
41 16 the overtime costs if new positions would not be added, the
41 17 superintendent may add the new position or positions. If the
41 18 vacant positions available to a resource center do not include
41 19 the position classification desired to be filled, the state
41 20 resource center's superintendent may reclassify any vacant
41 21 position as necessary to fill the desired position. The
41 22 superintendents of the state resource centers may, by mutual
41 23 agreement, pool vacant positions and position classifications
41 24 during the course of the fiscal year in order to assist one
41 25 another in filling necessary positions.
41 26 5. If existing capacity limitations are reached in
41 27 operating units, a waiting list is in effect for a service or
41 28 a special need for which a payment source or other funding is
41 29 available for the service or to address the special need, and
41 30 facilities for the service or to address the special need can
41 31 be provided within the available payment source or other
41 32 funding, the superintendent of a state resource center may
41 33 authorize opening not more than two units or other facilities
41 34 and to begin implementing the service or addressing the
41 35 special need during fiscal year 2007=2008.
42 1 Sec. 25. MI/MR/DD STATE CASES.
42 2 1. There is appropriated from the general fund of the
42 3 state to the department of human services for the fiscal year
42 4 beginning July 1, 2007, and ending June 30, 2008, the
42 5 following amount, or so much thereof as is necessary, to be
42 6 used for the purpose designated:
42 7 For distribution to counties for state case services for
42 8 persons with mental illness, mental retardation, and
42 9 developmental disabilities in accordance with section 331.440:
42 10 .................................................. $ 11,067,178
42 11 2. For the fiscal year beginning July 1, 2007, and ending
42 12 June 30, 2008, $200,000 is allocated for state case services
42 13 from the amounts appropriated from the fund created in section
42 14 8.41 to the department of human services from the funds
42 15 received from the federal government under 42 U.S.C., chapter
42 16 6A, subchapter XVII, relating to the community mental health
42 17 center block grant, for the federal fiscal years beginning
42 18 October 1, 2005, and ending September 30, 2006, beginning
42 19 October 1, 2006, and ending September 30, 2007, and beginning
42 20 October 1, 2007, and ending September 30, 2008. The
42 21 allocation made in this subsection shall be made prior to any
42 22 other distribution allocation of the appropriated federal
42 23 funds.
42 24 3. Notwithstanding section 8.33, moneys appropriated in
42 25 this section that remain unencumbered or unobligated at the
42 26 close of the fiscal year shall not revert but shall remain
42 27 available for expenditure for the purposes designated until
42 28 the close of the succeeding fiscal year.
42 29 Sec. 26. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ==
42 30 COMMUNITY SERVICES FUND. There is appropriated from the
42 31 general fund of the state to the mental health and
42 32 developmental disabilities community services fund created in
42 33 section 225C.7 for the fiscal year beginning July 1, 2007, and
42 34 ending June 30, 2008, the following amount, or so much thereof
42 35 as is necessary, to be used for the purpose designated:
43 1 For mental health and developmental disabilities community
43 2 services in accordance with this division of this Act:
43 3 ................................................. $ 18,017,890
43 4 1. Of the funds appropriated in this section, $17,727,890
43 5 shall be allocated to counties for funding of community=based
43 6 mental health and developmental disabilities services. The
43 7 moneys shall be allocated to a county as follows:
43 8 a. Fifty percent based upon the county's proportion of the
43 9 state's population of persons with an annual income which is
43 10 equal to or less than the poverty guideline established by the
43 11 federal office of management and budget.
43 12 b. Fifty percent based upon the county's proportion of the
43 13 state's general population.
43 14 2. a. A county shall utilize the funding the county
43 15 receives pursuant to subsection 1 for services provided to
43 16 persons with a disability, as defined in section 225C.2.
43 17 However, no more than 50 percent of the funding shall be used
43 18 for services provided to any one of the service populations.
43 19 b. A county shall use at least 50 percent of the funding
43 20 the county receives under subsection 1 for contemporary
43 21 services provided to persons with a disability, as described
43 22 in rules adopted by the department.
43 23 3. Of the funds appropriated in this section, $30,000
43 24 shall be used to support the Iowa compass program providing
43 25 computerized information and referral services for Iowans with
43 26 disabilities and their families.
43 27 4. a. Funding appropriated for purposes of the federal
43 28 social services block grant is allocated for distribution to
43 29 counties for local purchase of services for persons with
43 30 mental illness or mental retardation or other developmental
43 31 disability.
43 32 b. The funds allocated in this subsection shall be
43 33 expended by counties in accordance with the county's approved
43 34 county management plan. A county without an approved county
43 35 management plan shall not receive allocated funds until the
44 1 county's management plan is approved.
44 2 c. The funds provided by this subsection shall be
44 3 allocated to each county as follows:
44 4 (1) Fifty percent based upon the county's proportion of
44 5 the state's population of persons with an annual income which
44 6 is equal to or less than the poverty guideline established by
44 7 the federal office of management and budget.
44 8 (2) Fifty percent based upon the amount provided to the
44 9 county for local purchase of services in the preceding fiscal
44 10 year.
44 11 5. A county is eligible for funds under this section if
44 12 the county qualifies for a state payment as described in
44 13 section 331.439.
44 14 6. Of the funds appropriated in this section, $260,000 is
44 15 allocated to the department for continuing the development of
44 16 an assessment process for use beginning in a subsequent fiscal
44 17 year as authorized specifically by a statute to be enacted in
44 18 a subsequent fiscal year, determining on a consistent basis
44 19 the needs and capacities of persons seeking or receiving
44 20 mental health, mental retardation, developmental disabilities,
44 21 or brain injury services that are paid for in whole or in part
44 22 by the state or a county. The assessment process shall be
44 23 developed with the involvement of counties and the mental
44 24 health, mental retardation, developmental disabilities, and
44 25 brain injury commission.
44 26 7. The most recent population estimates issued by the
44 27 United States bureau of the census shall be applied for the
44 28 population factors utilized in this section.
44 29 Sec. 27. SEXUALLY VIOLENT PREDATORS.
44 30 1. There is appropriated from the general fund of the
44 31 state to the department of human services for the fiscal year
44 32 beginning July 1, 2007, and ending June 30, 2008, the
44 33 following amount, or so much thereof as is necessary, to be
44 34 used for the purpose designated:
44 35 For costs associated with the commitment and treatment of
45 1 sexually violent predators in the unit located at the state
45 2 mental health institute at Cherokee, including costs of legal
45 3 services and other associated costs, including salaries,
45 4 support, maintenance, and miscellaneous purposes and for not
45 5 more than the following full=time equivalent positions:
45 6 .................................................. $ 6,296,003
45 7 ............................................... FTEs 96.66
45 8 2. Unless specifically prohibited by law, if the amount
45 9 charged provides for recoupment of at least the entire amount
45 10 of direct and indirect costs, the department of human services
45 11 may contract with other states to provide care and treatment
45 12 of persons placed by the other states at the unit for sexually
45 13 violent predators at Cherokee. The moneys received under such
45 14 a contract shall be considered to be repayment receipts and
45 15 used for the purposes of the appropriation made in this
45 16 section.
45 17 Sec. 28. FIELD OPERATIONS. There is appropriated from the
45 18 general fund of the state to the department of human services
45 19 for the fiscal year beginning July 1, 2007, and ending June
45 20 30, 2008, the following amount, or so much thereof as is
45 21 necessary, to be used for the purposes designated:
45 22 For field operations, including salaries, support,
45 23 maintenance, and miscellaneous purposes and for not more than
45 24 the following full=time equivalent positions:
45 25 .................................................. $ 63,358,895
45 26 ............................................... FTEs 2,045.71
45 27 1. The amount appropriated in this section includes an
45 28 increase for additional full=time equivalent positions to
45 29 provide for additional child and family visits.
45 30 2. Priority in filling full=time equivalent positions
45 31 shall be given to those positions related to child protection
45 32 services.
45 33 3. The department shall utilize a request for proposals
45 34 process to select the location for a new customer service call
45 35 center.
46 1 Sec. 29. GENERAL ADMINISTRATION. There is appropriated
46 2 from the general fund of the state to the department of human
46 3 services for the fiscal year beginning July 1, 2007, and
46 4 ending June 30, 2008, the following amount, or so much thereof
46 5 as is necessary, to be used for the purpose designated:
46 6 For general administration, including salaries, support,
46 7 maintenance, and miscellaneous purposes and for not more than
46 8 the following full=time equivalent positions:
46 9 .................................................. $ 15,851,927
46 10 ............................................... FTEs 329.90
46 11 1. Of the funds appropriated in this section, $57,000 is
46 12 allocated for the prevention of disabilities policy council
46 13 established in section 225B.3.
46 14 2. Of the funds appropriated in this section, $350,000 is
46 15 allocated as additional funding for the division of mental
46 16 health and disability services for planning, analysis, and
46 17 other costs associated with improvements to the mental health
46 18 services system.
46 19 3. Of the funds appropriated in this section, $100,000 is
46 20 transferred to the department of human rights to be used in
46 21 addition to any other funding appropriated in this Act for the
46 22 energy utility assessment and resolution program established
46 23 pursuant to section 216A.104, as enacted by this Act.
46 24 Sec. 30. VOLUNTEERS. There is appropriated from the
46 25 general fund of the state to the department of human services
46 26 for the fiscal year beginning July 1, 2007, and ending June
46 27 30, 2008, the following amount, or so much thereof as is
46 28 necessary, to be used for the purpose designated:
46 29 For development and coordination of volunteer services:
46 30 .................................................. $ 109,568
46 31 Sec. 31. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
46 32 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
46 33 DEPARTMENT OF HUMAN SERVICES.
46 34 1. a. (1) For the fiscal year beginning July 1, 2007,
46 35 the total state funding amount for the nursing facility budget
47 1 shall not exceed $184,117,323.
47 2 (2) For the fiscal year beginning July 1, 2007, the
47 3 department shall rebase case=mix nursing facility rates.
47 4 However, total nursing facility budget expenditures, including
47 5 both case=mix and noncase=mix shall not exceed the amount
47 6 specified in subparagraph (1). When calculating case=mix per
47 7 diem cost and the patient=day=weighted medians used in rate
47 8 setting for nursing facilities effective July 1, 2007, the
47 9 inflation factor applied from the midpoint of the cost report
47 10 period to the first day of the state fiscal year rate period
47 11 shall be adjusted to maintain state funding within the amount
47 12 specified in subparagraph (1). The department, in cooperation
47 13 with nursing facility representatives, shall review
47 14 projections for state funding expenditures for reimbursement
47 15 of nursing facilities on a quarterly basis and the department
47 16 shall determine if an adjustment to the medical assistance
47 17 reimbursement rate is necessary in order to provide
47 18 reimbursement within the state funding amount. Any temporary
47 19 enhanced federal financial participation that may become
47 20 available to the Iowa medical assistance program during the
47 21 fiscal year shall not be used in projecting the nursing
47 22 facility budget. Notwithstanding 2001 Iowa Acts, chapter 192,
47 23 section 4, subsection 2, paragraph "c", and subsection 3,
47 24 paragraph "a", subparagraph (2), if the state funding
47 25 expenditures for the nursing facility budget for the fiscal
47 26 year beginning July 1, 2007, are projected to exceed the
47 27 amount specified in subparagraph (1), the department shall
47 28 adjust the reimbursement for nursing facilities reimbursed
47 29 under the case=mix reimbursement system to maintain
47 30 expenditures of the nursing facility budget within the
47 31 specified amount.
47 32 b. (1) For the fiscal year beginning July 1, 2007, the
47 33 department shall reimburse pharmacy dispensing fees using a
47 34 single rate of $4.52 per prescription, or the pharmacy's usual
47 35 and customary fee, whichever is lower.
48 1 (2) Beginning July 1, 2007, the department of human
48 2 services shall adopt rules, pursuant to chapter 17A, to
48 3 provide for the adjustment of the pharmacy dispensing fee to
48 4 compensate for any reduction in the drug product cost
48 5 reimbursement resulting from implementation of the average
48 6 manufacturer price reimbursement standards for multisource
48 7 generic drug products imposed pursuant to the federal Deficit
48 8 Reduction Act of 2005, Pub. L. No. 109=171. In implementing
48 9 the reimbursement, the department may adjust the reimbursement
48 10 amount as necessary to provide reimbursement within the state
48 11 funding appropriated for the fiscal year beginning July 1,
48 12 2007, and ending June 30, 2008, for this purpose. The
48 13 department shall submit a medical assistance state plan
48 14 amendment to the centers for Medicare and Medicaid services of
48 15 the United States department of health and human services as
48 16 necessary to implement this subparagraph (2).
48 17 c. (1) For the fiscal year beginning July 1, 2007,
48 18 reimbursement rates for inpatient and outpatient hospital
48 19 services shall remain at the rates in effect on June 30, 2007.
48 20 The department shall continue the outpatient hospital
48 21 reimbursement system based upon ambulatory patient groups
48 22 implemented pursuant to 1994 Iowa Acts, chapter 1186, section
48 23 25, subsection 1, paragraph "f", unless the department adopts
48 24 the Medicare ambulatory payment classification methodology
48 25 authorized in subparagraph (2).
48 26 (2) The department may implement the Medicare ambulatory
48 27 payment classification methodology for reimbursement of
48 28 outpatient hospital services. Any change in hospital
48 29 reimbursement shall be budget neutral.
48 30 (3) In order to ensure the efficient use of limited state
48 31 funds in procuring health care services for low=income Iowans,
48 32 funds appropriated in this Act for hospital services shall not
48 33 be used for activities which would be excluded from a
48 34 determination of reasonable costs under the federal Medicare
48 35 program pursuant to 42 U.S.C. } 1395X(v)(1)(N).
49 1 d. For the fiscal year beginning July 1, 2007,
49 2 reimbursement rates for rural health clinics, hospices,
49 3 independent laboratories, and acute mental hospitals shall be
49 4 increased in accordance with increases under the federal
49 5 Medicare program or as supported by their Medicare audited
49 6 costs.
49 7 e. (1) For the fiscal year beginning July 1, 2007,
49 8 reimbursement rates for home health agencies shall remain at
49 9 the rates in effect on June 30, 2007, not to exceed a home
49 10 health agency's actual allowable cost.
49 11 (2) The department shall establish a fixed=fee
49 12 reimbursement schedule for home health agencies under the
49 13 medical assistance program beginning July 1, 2007.
49 14 f. For the fiscal year beginning July 1, 2007, federally
49 15 qualified health centers shall receive cost=based
49 16 reimbursement for 100 percent of the reasonable costs for the
49 17 provision of services to recipients of medical assistance.
49 18 g. For the fiscal year beginning July 1, 2007, the
49 19 reimbursement rates for dental services shall remain at the
49 20 rates in effect on June 30, 2007.
49 21 h. For the fiscal year beginning July 1, 2007, the maximum
49 22 reimbursement rate for psychiatric medical institutions for
49 23 children shall be $165.53 per day.
49 24 i. For the fiscal year beginning July 1, 2007, unless
49 25 otherwise specified in this Act, all noninstitutional medical
49 26 assistance provider reimbursement rates shall remain at the
49 27 rates in effect on June 30, 2007, except for area education
49 28 agencies, local education agencies, infant and toddler
49 29 services providers, and those providers whose rates are
49 30 required to be determined pursuant to section 249A.20.
49 31 j. Notwithstanding section 249A.20, for the fiscal year
49 32 beginning July 1, 2007, the average reimbursement rate for
49 33 health care providers eligible for use of the federal Medicare
49 34 resource=based relative value scale reimbursement methodology
49 35 under that section shall remain at the rate in effect on June
50 1 30, 2007; however, this rate shall not exceed the maximum
50 2 level authorized by the federal government.
50 3 k. For the fiscal year beginning July 1, 2007, the
50 4 reimbursement rate for residential care facilities shall not
50 5 be less than the minimum payment level as established by the
50 6 federal government to meet the federally mandated maintenance
50 7 of effort requirement. The flat reimbursement rate for
50 8 facilities electing not to file semiannual cost reports shall
50 9 not be less than the minimum payment level as established by
50 10 the federal government to meet the federally mandated
50 11 maintenance of effort requirement.
50 12 l. For the fiscal year beginning July 1, 2007, inpatient
50 13 mental health services provided at hospitals shall be
50 14 reimbursed at the cost of the services, subject to Medicaid
50 15 program upper payment limit rules, community mental health
50 16 centers and providers of mental health services to county
50 17 residents pursuant to a waiver approved under section 225C.7,
50 18 subsection 3, shall be reimbursed at 100 percent of the
50 19 reasonable costs for the provision of services to recipients
50 20 of medical assistance, and psychiatrists shall be reimbursed
50 21 at the medical assistance program fee for service rate.
50 22 2. For the fiscal year beginning July 1, 2007, the
50 23 reimbursement rate for providers reimbursed under the in=
50 24 home=related care program shall not be less than the minimum
50 25 payment level as established by the federal government to meet
50 26 the federally mandated maintenance of effort requirement.
50 27 3. Unless otherwise directed in this section, when the
50 28 department's reimbursement methodology for any provider
50 29 reimbursed in accordance with this section includes an
50 30 inflation factor, this factor shall not exceed the amount by
50 31 which the consumer price index for all urban consumers
50 32 increased during the calendar year ending December 31, 2002.
50 33 4. For the fiscal year beginning July 1, 2007, the foster
50 34 family basic daily maintenance rate paid in accordance with
50 35 section 234.38, the maximum adoption subsidy rate, and the
51 1 maximum supervised apartment living foster care rate for
51 2 children ages 0 through 5 years shall be $15.89, the rate for
51 3 children ages 6 through 11 years shall be $16.54, the rate for
51 4 children ages 12 through 15 years shall be $18.16, and the
51 5 rate for children ages 16 and older shall be $18.37.
51 6 5. For the fiscal year beginning July 1, 2007, the maximum
51 7 reimbursement rates for social services providers reimbursed
51 8 under a purchase of social services contract shall be
51 9 increased by 3 percent over the rates in effect on June 30,
51 10 2007, or to the provider's actual and allowable cost plus
51 11 inflation for each service, whichever is less. The rates may
51 12 also be adjusted under any of the following circumstances:
51 13 a. If a new service was added after June 30, 2007, the
51 14 initial reimbursement rate for the service shall be based upon
51 15 actual and allowable costs.
51 16 b. If a social service provider loses a source of income
51 17 used to determine the reimbursement rate for the provider, the
51 18 provider's reimbursement rate may be adjusted to reflect the
51 19 loss of income, provided that the lost income was used to
51 20 support actual and allowable costs of a service purchased
51 21 under a purchase of service contract.
51 22 6. For the fiscal year beginning July 1, 2007, the
51 23 reimbursement rates for family=centered service providers,
51 24 family foster care service providers, group foster care
51 25 service providers, and the resource family recruitment and
51 26 retention contractor shall be increased by 3 percent over the
51 27 rates in effect on June 30, 2007.
51 28 7. The group foster care reimbursement rates paid for
51 29 placement of children out of state shall be calculated
51 30 according to the same rate=setting principles as those used
51 31 for in=state providers unless the director of human services
51 32 or the director's designee determines that appropriate care
51 33 cannot be provided within the state. The payment of the daily
51 34 rate shall be based on the number of days in the calendar
51 35 month in which service is provided.
52 1 8. For the fiscal year beginning July 1, 2007, the
52 2 reimbursement rates for remedial service providers shall
52 3 remain at the rates in effect for June 30, 2007.
52 4 9. a. For the fiscal year beginning July 1, 2007, the
52 5 combined service and maintenance components of the
52 6 reimbursement rate paid for shelter care services purchased
52 7 under a contract shall be based on the financial and
52 8 statistical report submitted to the department. The maximum
52 9 reimbursement rate shall be $91.45 per day. The department
52 10 shall reimburse a shelter care provider at the provider's
52 11 actual and allowable unit cost, plus inflation, not to exceed
52 12 the maximum reimbursement rate.
52 13 b. Notwithstanding section 232.141, subsection 8, for the
52 14 fiscal year beginning July 1, 2007, the amount of the
52 15 statewide average of the actual and allowable rates for
52 16 reimbursement of juvenile shelter care homes that is utilized
52 17 for the limitation on recovery of unpaid costs shall be
52 18 increased by $2.66 over the amount in effect for this purpose
52 19 in the preceding fiscal year.
52 20 10. For the fiscal year beginning July 1, 2007, the
52 21 department shall calculate reimbursement rates for
52 22 intermediate care facilities for persons with mental
52 23 retardation at the 80th percentile.
52 24 11. For the fiscal year beginning July 1, 2007, for child
52 25 care providers reimbursed under the state child care
52 26 assistance program, the department shall set provider
52 27 reimbursement rates based on the rate reimbursement survey
52 28 completed in December 2004. The department shall set rates in
52 29 a manner so as to provide incentives for a nonregistered
52 30 provider to become registered.
52 31 12. For the fiscal year beginning July 1, 2007,
52 32 reimbursements for providers reimbursed by the department of
52 33 human services may be modified if appropriated funding is
52 34 allocated for that purpose from the senior living trust fund
52 35 created in section 249H.4, or as specified in appropriations
53 1 from the healthy Iowans tobacco trust created in section
53 2 12.65.
53 3 13. The department may adopt emergency rules to implement
53 4 this section.
53 5 Sec. 32. DEPARTMENT OF CORRECTIONS. There is appropriated
53 6 from the general fund of the state to the department of
53 7 corrections for the fiscal year beginning July 1, 2007, and
53 8 ending June 30, 2008, the following amount, or so much thereof
53 9 as is necessary, for the purposes designated:
53 10 For additional funding for the drug court program in the
53 11 fourth judicial district:
53 12 .................................................. $ 25,000
53 13 Sec. 33. MEDICAL ASSISTANCE == NURSING FACILITY
53 14 REIMBURSEMENT. There is appropriated from the general fund of
53 15 the state to the department of human services for the fiscal
53 16 year beginning July 1, 2006, and ending June 30, 2007, the
53 17 following amount, or so much thereof as is necessary, to be
53 18 used for the purposes designated:
53 19 For the purpose of funding total nursing facility budget
53 20 expenditures under the medical assistance program including
53 21 rebasing of the case=mix nursing facility rates and
53 22 noncase=mix nursing facility=related expenditures as provided
53 23 in this Act, for expenditure after June 30, 2007:
53 24 .................................................. $ 10,400,000
53 25 Notwithstanding section 8.33, moneys appropriated in this
53 26 section that remain unencumbered or unobligated at the close
53 27 of the fiscal year shall not revert but shall remain available
53 28 for expenditure for the purpose designated until the close of
53 29 the succeeding fiscal year.
53 30 Sec. 34. CHILD SUPPORT COLLECTIONS FEE. The department of
53 31 human services may adopt emergency rules to implement the
53 32 provisions of section 252B.5, subsection 12, as enacted by
53 33 this Act, during the fiscal year beginning July 1, 2007.
53 34 Sec. 35. EMERGENCY RULES. If specifically authorized by a
53 35 provision of this division of this Act, the department of
54 1 human services or the mental health, mental retardation,
54 2 developmental disabilities, and brain injury commission may
54 3 adopt administrative rules under section 17A.4, subsection 2,
54 4 and section 17A.5, subsection 2, paragraph "b", to implement
54 5 the provisions and the rules shall become effective
54 6 immediately upon filing or on a later effective date specified
54 7 in the rules, unless the effective date is delayed by the
54 8 administrative rules review committee. Any rules adopted in
54 9 accordance with this section shall not take effect before the
54 10 rules are reviewed by the administrative rules review
54 11 committee. The delay authority provided to the administrative
54 12 rules review committee under section 17A.4, subsection 5, and
54 13 section 17A.8, subsection 9, shall be applicable to a delay
54 14 imposed under this section, notwithstanding a provision in
54 15 those sections making them inapplicable to section 17A.5,
54 16 subsection 2, paragraph "b". Any rules adopted in accordance
54 17 with the provisions of this section shall also be published as
54 18 notice of intended action as provided in section 17A.4.
54 19 Sec. 36. REPORTS. Any reports or information required to
54 20 be compiled and submitted under this Act shall be submitted to
54 21 the chairpersons and ranking members of the joint
54 22 appropriations subcommittee on health and human services, the
54 23 legislative services agency, and the legislative caucus staffs
54 24 on or before the dates specified for submission of the reports
54 25 or information.
54 26 Sec. 37. Section 217.23, subsection 2, Code 2007, is
54 27 amended to read as follows:
54 28 2. The department is hereby authorized to may expend
54 29 moneys from the support allocation of the department as
54 30 reimbursement for replacement or repair of personal items of
54 31 the department's employees damaged or destroyed by clients of
54 32 the department during the employee's tour of duty. However,
54 33 the reimbursement shall not exceed one three hundred fifty
54 34 dollars for each item. The department shall establish rules
54 35 in accordance with chapter 17A to carry out the purpose of
55 1 this section.
55 2 Sec. 38. Section 231.33, Code 2007, is amended by adding
55 3 the following new subsection:
55 4 NEW SUBSECTION. 21. Provide the opportunity for elders
55 5 residing in the planning and service area to offer substantive
55 6 suggestions regarding the employment practices of the area
55 7 agency on aging.
55 8 Sec. 39. NEW SECTION. 239B.11A TRANSITIONAL BENEFITS.
55 9 The department shall provide a transitional benefits
55 10 payment of one hundred dollars per month for up to three
55 11 months to families with members who are employed at the time
55 12 the family leaves the family investment program. Provision of
55 13 the transitional benefits payment is subject to the
55 14 availability of funding for the payment. The department shall
55 15 adopt administrative rules for the transitional benefits.
55 16 Sec. 40. Section 239B.17, subsection 1, Code 2007, is
55 17 amended to read as follows:
55 18 1. PROGRAM ESTABLISHED. The promoting independence and
55 19 self=sufficiency through employment job opportunities and
55 20 basic skills program is established for applicants and
55 21 participants of the family investment program. The
55 22 requirements of the JOBS program shall vary as provided in the
55 23 family investment agreement applicable to a family. The
55 24 department of workforce development, department of economic
55 25 development, department of education, and all other state,
55 26 county, and public educational agencies and institutions
55 27 providing vocational rehabilitation, adult education, or
55 28 vocational or technical training shall assist and cooperate in
55 29 the JOBS program. The departments, agencies, and institutions
55 30 shall make agreements and arrangements for maximum cooperation
55 31 and use of all available resources in the program. By mutual
55 32 agreement the The department of human services may delegate
55 33 any of the department of human services' powers and duties
55 34 under this chapter to contract with the department of
55 35 workforce development, or to the department of economic
56 1 development, or another appropriate entity to provide JOBS
56 2 program services.
56 3 Sec. 41. Section 249A.3, subsection 2, paragraphs i, j,
56 4 and k, Code 2007, are amended to read as follows:
56 5 i. Individuals and families who would be eligible under
56 6 subsection 1 or 2 of this section except for excess income or
56 7 resources, or a reasonable category of those individuals and
56 8 families. As allowed under 42 U.S.C. }
56 9 1396a(a)(10)(A)(ii)(XVII), individuals under twenty=one years
56 10 of age who were in foster care under the responsibility of the
56 11 state on the individual's eighteenth birthday, and whose
56 12 income is less than two hundred percent of the most recently
56 13 revised official poverty guidelines published by the United
56 14 States department of health and human services. Medical
56 15 assistance may be provided for an individual described by this
56 16 paragraph regardless of the individual's resources.
56 17 j. Individuals who have attained the age of twenty=one but
56 18 have not yet attained the age of sixty=five who qualify on a
56 19 financial basis for, but who are otherwise ineligible to
56 20 receive, federal supplemental security income or assistance
56 21 under the family investment program. Women eligible for
56 22 family planning services under a federally approved
56 23 demonstration waiver.
56 24 k. As allowed under 42 U.S.C. } 1396a(a)(10)(A)(ii)(XVII),
56 25 individuals under twenty=one years of age who were in foster
56 26 care under the responsibility of the state on the individual's
56 27 eighteenth birthday, and whose income is less than two hundred
56 28 percent of the most recently revised official poverty
56 29 guidelines published by the United States department of health
56 30 and human services. Medical assistance may be provided for an
56 31 individual described by this paragraph regardless of the
56 32 individual's resources. Individuals and families who would be
56 33 eligible under subsection 1 or 2 of this section except for
56 34 excess income or resources, or a reasonable category of those
56 35 individuals and families.
57 1 Sec. 42. Section 249A.3, subsection 2, Code 2007, is
57 2 amended by adding the following new paragraph:
57 3 NEW PARAGRAPH. l. Individuals who have attained the age
57 4 of twenty=one but have not yet attained the age of sixty=five
57 5 who qualify on a financial basis for, but who are otherwise
57 6 ineligible to receive, federal supplemental security income or
57 7 assistance under the family investment program.
57 8 Sec. 43. Section 249A.3, subsections 4, 5A, and 5B, Code
57 9 2007, are amended to read as follows:
57 10 4. Discretionary medical assistance, within the limits of
57 11 available funds and in accordance with section 249A.4,
57 12 subsection 1, may be provided to or on behalf of those
57 13 individuals and families described in subsection 2, paragraph
57 14 "i" "k" of this section.
57 15 5A. In determining eligibility for children under
57 16 subsection 1, paragraphs "b", "f", "g", "j", "k", "n", and
57 17 "s"; subsection 2, paragraphs "c", "e", "f", "h", and "i" "k";
57 18 and subsection 5, paragraph "b", all resources of the family,
57 19 other than monthly income, shall be disregarded.
57 20 5B. In determining eligibility for adults under subsection
57 21 1, paragraphs "b", "e", "h", "j", "k", "n", "s", and "t";
57 22 subsection 2, paragraphs "d", "e", "h", "i" "k", and "j" "l";
57 23 and subsection 5, paragraph "b", one motor vehicle per
57 24 household shall be disregarded.
57 25 Sec. 44. Section 249A.30A, Code 2007, is amended to read
57 26 as follows:
57 27 249A.30A MEDICAL ASSISTANCE == PERSONAL NEEDS ALLOWANCE.
57 28 The personal needs allowance under the medical assistance
57 29 program, which may be retained by a resident of a nursing
57 30 facility, an intermediate care facility for persons with
57 31 mental retardation, or an intermediate care facility for
57 32 persons with mental illness, as defined in section 135C.1, or
57 33 who is a resident of a psychiatric medical institution for
57 34 children as defined in section 135H.1, shall be fifty dollars
57 35 per month. A resident who has income of less than fifty
58 1 dollars per month shall receive a supplement from the state in
58 2 the amount necessary to receive a personal needs allowance of
58 3 fifty dollars per month, if funding is specifically
58 4 appropriated for this purpose.
58 5 Sec. 45. Section 252B.5, Code 2007, is amended by adding
58 6 the following new subsection:
58 7 NEW SUBSECTION. 12. a. Beginning October 1, 2007,
58 8 implement the provision of the federal Deficit Reduction Act
58 9 of 2005, Pub. L. No. 109=171 } 7310, requiring an annual
58 10 collections fee of twenty=five dollars in child support cases
58 11 in which the family has never received assistance under Title
58 12 IV=A of the federal Social Security Act for whom the unit has
58 13 collected at least five hundred dollars. After the first five
58 14 hundred dollars in support is collected in each year for a
58 15 family, the fee shall be collected from the obligor by
58 16 retaining twenty-five dollars from subsequent collections. If
58 17 five hundred dollars but less than five hundred twenty=five
58 18 dollars is collected in any year, any unpaid portion of the
58 19 annual fee shall not accumulate and is not due. Any amount
58 20 retained to pay the twenty=five dollar fee shall not reduce
58 21 the amount of support due under the support order. The unit
58 22 shall send information regarding the requirements of this
58 23 subsection by regular mail to the last known address of an
58 24 affected obligor or obligee, or may include the information
58 25 for an obligee in an application for services signed by the
58 26 obligee. In addition, the unit shall take steps necessary
58 27 regarding the fee to qualify for federal funds in conformity
58 28 with the provisions of Title IV=D of the federal Social
58 29 Security Act, including receiving and accounting for fee
58 30 payments, as appropriate, through the collection services
58 31 center created in section 252B.13A.
58 32 b. Fees collected pursuant to this subsection shall be
58 33 considered repayment receipts as defined in section 8.2, and
58 34 shall be used for the purposes of the unit. The director
58 35 shall maintain an accurate record of the fees collected and
59 1 expended under this subsection.
59 2 c. If any requirement in paragraph "a" for implementation
59 3 of the annual fee does not conform to federal law, the fee
59 4 shall instead be implemented in conformance with federal law.
59 5 Additionally, if federal law does not permit collection of the
59 6 annual fee from the obligor as provided in paragraph "a", the
59 7 fee shall be collected from the obligee by retaining a
59 8 twenty=five dollar fee from support paid by the obligor.
59 9 Sec. 46. 2006 Iowa Acts, chapter 1123, section 1,
59 10 subsections 3 and 4, are amended to read as follows:
59 11 3. ELIGIBILITY. A child is eligible for the treatment
59 12 program if at the time of discharge from a psychiatric
59 13 institution the child is unable to return to the child's
59 14 family home or participation in the treatment program may
59 15 eliminate or limit the need for placement in a psychiatric
59 16 institution, and one of the following conditions is
59 17 applicable:
59 18 a. The child has treatment issues which cause the child to
59 19 be at high risk of failing in a foster care placement unless
59 20 targeted support services are provided.
59 21 b. The child has had multiple previous out=of=home
59 22 placements.
59 23 4. ELIGIBILITY DETERMINATION. Children who are
59 24 potentially eligible for a treatment program shall be
59 25 identified by the administrator of a treatment program prior
59 26 to or at the time of the child's admission to a psychiatric
59 27 institution. In order to be admitted to the treatment
59 28 program, the treatment program administrator must determine
59 29 the child has a need that can be met by the program, the child
59 30 can be placed with an appropriate family foster care provider,
59 31 and appropriate services to support the child are available in
59 32 the family foster care placement. The determination shall be
59 33 made in coordination with the child's family, department
59 34 staff, and other persons involved with decision making for the
59 35 child's out=of=home placement.
60 1 Sec. 47. 2006 Iowa Acts, chapter 1123, section 1, is
60 2 amended by adding the following new subsection:
60 3 NEW SUBSECTION. 5A. OTHER PROVISIONS.
60 4 a. The pilot project provisions shall allow children who
60 5 are voluntarily placed in a psychiatric institution to
60 6 participate in the pilot project.
60 7 b. The pilot project shall allow exceptions to allow more
60 8 than two children to be placed in a pilot project home if
60 9 deemed appropriate in order to keep siblings together or for
60 10 other good cause.
60 11 Sec. 48. 2006 Iowa Acts, chapter 1184, section 2,
60 12 subsection 1, is amended to read as follows:
60 13 1. ADDICTIVE DISORDERS
60 14 For reducing the prevalence of use of tobacco, alcohol, and
60 15 other drugs, and treating individuals affected by addictive
60 16 behaviors, including gambling, and for not more than the
60 17 following full=time equivalent positions:
60 18 .................................................. $ 1,761,036
60 19 2,443,036
60 20 ............................................... FTEs 4.35
60 21 The department and any grantee or subgrantee of the
60 22 department shall not discriminate against a nongovernmental
60 23 organization that provides substance abuse treatment and
60 24 prevention services or applies for funding to provide those
60 25 services on the basis that the organization has a religious
60 26 character.
60 27 Of the moneys funds appropriated in this subsection,
60 28 $30,310 shall be used to continue to provide funding to local
60 29 communities that have previously received funding from the
60 30 centers for disease control and prevention of the United
60 31 States department of health and human services for secondhand
60 32 smoke education initiatives.
60 33 Of the funds appropriated in this subsection, $500,000
60 34 shall be used as additional funding for tobacco cessation
60 35 direct services and $182,000 shall be used for other tobacco
61 1 use prevention, cessation, and treatment activities pursuant
61 2 to chapter 142A.
61 3 Notwithstanding section 8.33, moneys appropriated in this
61 4 subsection that remain unencumbered or unobligated at the
61 5 close of the fiscal year shall not revert but shall remain
61 6 available for expenditure in the succeeding fiscal year.
61 7 Sec. 49. 2006 Iowa Acts, chapter 1184, section 5,
61 8 subsection 1, is amended by adding the following new
61 9 unnumbered paragraph:
61 10 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
61 11 moneys appropriated in this section for department of veterans
61 12 affairs administration that remain unencumbered or unobligated
61 13 at the close of the fiscal year shall not revert but shall
61 14 remain available to be used for the purchase of crypts for the
61 15 veterans cemetery until the close of the succeeding fiscal
61 16 year.
61 17 Sec. 50. 2006 Iowa Acts, chapter 1184, section 5,
61 18 subsection 2, is amended by adding the following new
61 19 unnumbered paragraph:
61 20 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33 and
61 21 section 35D.18, subsection 5, moneys appropriated in this
61 22 subsection that remain unencumbered or unobligated at the
61 23 close of the fiscal year shall not revert but shall remain
61 24 available for expenditure in succeeding fiscal years. Of the
61 25 amount remaining available for expenditure under this
61 26 paragraph, the first $1,000,000 shall be used for Iowa
61 27 veterans home operations in the immediately succeeding fiscal
61 28 year, and the balance shall be transferred to the
61 29 appropriation made in 2006 Iowa Acts, chapter 1179, section
61 30 16, subsection 12, for the fiscal year beginning July 1, 2006,
61 31 to be used for purposes of capital improvements, renovations,
61 32 or new construction at the Iowa veterans home.
61 33 Sec. 51. 2006 Iowa Acts, chapter 1184, section 6,
61 34 subsection 7, is amended to read as follows:
61 35 7. For state child care assistance:
62 1 .................................................. $ 15,756,560
62 2 16,756,560
62 3 a. Of the funds appropriated in this subsection, $200,000
62 4 shall be used for provision of educational opportunities to
62 5 registered child care home providers in order to improve
62 6 services and programs offered by this category of providers
62 7 and to increase the number of providers. The department may
62 8 contract with institutions of higher education or child care
62 9 resource and referral centers to provide the educational
62 10 opportunities. Allowable administrative costs under the
62 11 contracts shall not exceed 5 percent. The application for a
62 12 grant shall not exceed two pages in length.
62 13 b. The funds appropriated in this subsection shall be
62 14 transferred to the child care and development block grant
62 15 appropriation.
62 16 Notwithstanding section 8.33, moneys appropriated in this
62 17 subsection that remain unencumbered or unobligated at the
62 18 close of the fiscal year shall not revert but shall remain
62 19 available for expenditure for the purposes designated until
62 20 the close of the succeeding fiscal year.
62 21 Sec. 52. 2006 Iowa Acts, chapter 1184, section 7,
62 22 subsection 5, is amended to read as follows:
62 23 5. Of the child support collections assigned under FIP, an
62 24 amount equal to the federal share of support collections shall
62 25 be credited to the child support recovery appropriation. Of
62 26 the remainder of the assigned child support collections
62 27 received by the child support recovery unit, a portion shall
62 28 be credited to the FIP account and a portion may be used to
62 29 increase recoveries. If child support collections assigned
62 30 under FIP are greater than estimated or are otherwise
62 31 determined not to be required for maintenance of effort, the
62 32 state share of that greater portion either amount may be
62 33 transferred to or retained in the child support payments
62 34 account.
62 35 Sec. 53. 2006 Iowa Acts, chapter 1184, section 9, is
63 1 amended by adding the following new subsection:
63 2 NEW SUBSECTION. 3. Notwithstanding section 8.33, moneys
63 3 appropriated in this section that remain unencumbered or
63 4 unobligated at the close of the fiscal year shall not revert
63 5 but shall remain available for expenditure for the purposes
63 6 designated until the close of the succeeding fiscal year.
63 7 Sec. 54. 2006 Iowa Acts, chapter 1184, section 10,
63 8 unnumbered paragraph 2, is amended to read as follows:
63 9 For medical assistance reimbursement and associated costs
63 10 as specifically provided in the reimbursement methodologies in
63 11 effect on June 30, 2006, except as otherwise expressly
63 12 authorized by law, including reimbursement for abortion
63 13 services, which shall be available under the medical
63 14 assistance program only for those abortions which are
63 15 medically necessary:
63 16 .................................................. $652,311,610
63 17 664,311,610
63 18 Sec. 55. 2006 Iowa Acts, chapter 1184, section 13, is
63 19 amended by adding the following new subsection:
63 20 NEW SUBSECTION. 4. Notwithstanding section 8.33, up to
63 21 $1,100,000 of the moneys appropriated in this section that
63 22 remain unencumbered or unobligated at the close of the fiscal
63 23 year shall not revert but shall remain available for
63 24 expenditure for the purposes designated until the close of the
63 25 succeeding fiscal year.
63 26 Sec. 56. 2006 Iowa Acts, chapter 1184, section 15, is
63 27 amended by adding the following new subsection:
63 28 NEW SUBSECTION. 8. Notwithstanding section 8.33, moneys
63 29 appropriated in this section that remain unencumbered or
63 30 unobligated at the close of the fiscal year shall not revert
63 31 to any fund but shall remain available for expenditure for the
63 32 purposes designated until the close of the succeeding fiscal
63 33 year.
63 34 Sec. 57. 2006 Iowa Acts, chapter 1184, section 17,
63 35 subsection 16, is amended by adding the following new
64 1 unnumbered paragraph:
64 2 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
64 3 moneys appropriated in this subsection that remain
64 4 unencumbered or unobligated at the close of the fiscal year
64 5 shall not revert but shall remain available for expenditure
64 6 for the purposes designated until the close of the succeeding
64 7 fiscal year.
64 8 Sec. 58. 2006 Iowa Acts, chapter 1184, section 18, is
64 9 amended by adding the following new subsection:
64 10 NEW SUBSECTION. 4. Notwithstanding section 8.33, up to
64 11 $2,000,000 of the moneys appropriated in this section that
64 12 remain unencumbered or unobligated at the close of the fiscal
64 13 year shall not revert but shall remain available for
64 14 expenditure for the purposes designated until the close of the
64 15 succeeding fiscal year.
64 16 Sec. 59. 2006 Iowa Acts, chapter 1184, section 23, is
64 17 amended by adding the following new subsection:
64 18 NEW SUBSECTION. 7. a. Notwithstanding sections 8.33 and
64 19 222.92, of the revenues available to the state resource
64 20 centers that remain unencumbered or unobligated at the close
64 21 of the fiscal year, the indicated amounts shall not revert but
64 22 shall remain available for expenditure for the purposes
64 23 designated until the close of the succeeding fiscal year:
64 24 (1) For the state resource center at Glenwood, $1,000,000.
64 25 (2) For the state resource center at Woodward, $1,000,000.
64 26 b. Of the amounts designated in paragraph "a", the amounts
64 27 above $750,000 at each resource center shall be used to
64 28 continue the procurement and installation of the electronic
64 29 medical records system initiated in the fiscal year beginning
64 30 July 1, 2005.
64 31 Sec. 60. 2006 Iowa Acts, chapter 1184, section 24, is
64 32 amended by adding the following new subsection:
64 33 NEW SUBSECTION. 3. Notwithstanding section 8.33, moneys
64 34 appropriated in this section that remain unencumbered or
64 35 unobligated at the close of the fiscal year shall not revert
65 1 but shall remain available for expenditure for the purposes
65 2 designated until the close of the succeeding fiscal year.
65 3 Sec. 61. 2006 Iowa Acts, chapter 1184, section 27, is
65 4 amended by adding the following new unnumbered paragraph:
65 5 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, up
65 6 to $1,850,000 of the moneys appropriated in this section that
65 7 remain unencumbered or unobligated at the close of the fiscal
65 8 year shall not revert but shall remain available for
65 9 expenditure until the close of the succeeding fiscal year. Of
65 10 this amount, $350,000 shall be used to supplement other
65 11 funding to reduce the waiting list for the children's mental
65 12 health home and community=based services waiver.
65 13 Sec. 62. 2006 Iowa Acts, chapter 1184, section 28, is
65 14 amended by adding the following new subsection:
65 15 NEW SUBSECTION. 4. Notwithstanding section 8.33, federal
65 16 food stamp assistance award funds the department receives
65 17 during the fiscal year beginning July 1, 2006, that remain
65 18 unencumbered or unobligated at the close of the fiscal year,
65 19 shall not revert to any other fund but shall remain available
65 20 for expenditure to continue projects to increase access,
65 21 assure accuracy, avoid federal error rate sanctions, and
65 22 improve customer service, until the close of the succeeding
65 23 fiscal year. In addition, notwithstanding section 8.33,
65 24 moneys appropriated in this section that remain unencumbered
65 25 or unobligated at the close of the fiscal year shall not
65 26 revert but shall remain available for expenditure for the
65 27 purposes designated until the close of the succeeding fiscal
65 28 year and of this amount, the initial $250,000 shall be
65 29 credited to the risk pool in the property tax relief fund.
65 30 Sec. 63. 2006 Iowa Acts, chapter 1184, section 60,
65 31 subsection 4, unnumbered paragraph 3, if enacted by 2007 Iowa
65 32 Acts, Senate File 403, section 12, is amended to read as
65 33 follows:
65 34 The amount appropriated in this subsection shall be
65 35 distributed only if federal funds are available to match the
66 1 amount appropriated and expenses are incurred to serve the
66 2 IowaCare expansion population expansion population claims
66 3 adjudicated and paid by the Iowa Medicaid enterprise exceed
66 4 the appropriation to the state board of regents for
66 5 distribution to the university of Iowa hospitals and clinics
66 6 provided in subsection 1. The amount appropriated in this
66 7 subsection shall be distributed monthly for expansion
66 8 population claims adjudicated and approved for payment by the
66 9 Iowa Medicaid enterprise using medical assistance program
66 10 reimbursement rates.
66 11 Sec. 64. 2006 Iowa Acts, chapter 1184, section 124, is
66 12 amended to read as follows:
66 13 SEC. 124. VETERANS TRUST FUND == FEDERAL REPLACEMENT
66 14 FUNDS. If funds are received from the United States
66 15 department of veterans affairs for the establishment and
66 16 operation of a veterans cemetery in this state, a portion of
66 17 those funds, not to exceed $500,000, shall be credited to the
66 18 general fund of the state, and the remainder is appropriated
66 19 to and shall be deposited in the veterans trust fund
66 20 established in section 35A.13, subject to the requirements of
66 21 this section and consistent with any federal requirements
66 22 associated with such funds. The portion deposited in the
66 23 veterans trust fund shall be at least equal to moneys expended
66 24 for the establishment and operation of a veterans cemetery
66 25 from moneys appropriated for that purpose pursuant to 2004
66 26 Iowa Acts, chapter 1175, section 288, subsection 16.
66 27 Sec. 65. 2006 Iowa Acts, chapter 1185, section 34, is
66 28 amended by adding the following new unnumbered paragraph:
66 29 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
66 30 the moneys appropriated in this section for the county grant
66 31 program for veterans that remain unencumbered or unobligated
66 32 at the close of the fiscal year shall not revert but shall
66 33 remain available for expenditure for the purposes designated
66 34 until the close of the succeeding fiscal year. Of the amount
66 35 addressed in this paragraph, not more than $150,000 shall be
67 1 used to employ persons to fill two administrative full=time
67 2 equivalent positions in the department of veterans affairs in
67 3 addition to the number of positions authorized for the
67 4 department. If one or both of the two positions are not
67 5 employed by October 1, 2007, the unused funding shall be
67 6 credited to the veterans trust fund on October 2, 2007.
67 7 Otherwise, any remainder from the amount addressed in this
67 8 paragraph that remains unencumbered or unobligated at the
67 9 close of the fiscal year shall not be credited to the fund
67 10 from which appropriated but shall be credited to the veterans
67 11 trust fund.
67 12 Sec. 66. 2006 Iowa Acts, chapter 1184, section 5,
67 13 subsection 4, as enacted by 2007 Iowa Acts, Senate File 95,
67 14 section 1, is amended by adding the following new unnumbered
67 15 paragraph:
67 16 NEW UNNUMBERED PARAGRAPH. If during the fiscal year
67 17 beginning July 1, 2007, the funding available under all
67 18 contingencies for the home ownership assistance program
67 19 implemented pursuant to section 35A.15 for persons who are or
67 20 were eligible members of the armed forces of the United States
67 21 has been exhausted, and the amount available for the purposes
67 22 of this subsection is projected to be sufficient to allow for
67 23 transfer of funds that would otherwise be unused, not more
67 24 than $250,000 of the funds appropriated in this subsection may
67 25 be transferred to the Iowa finance authority to be used for
67 26 the home ownership assistance program.
67 27 Sec. 67. EFFECTIVE DATES. The following provisions of
67 28 this division of this Act, being deemed of immediate
67 29 importance, take effect upon enactment:
67 30 1. The provision under the appropriation for child and
67 31 family services, relating to requirements of section 232.143
67 32 for representatives of the department of human services and
67 33 juvenile court services to establish a plan for continuing
67 34 group foster care expenditures for the 2007=2008 fiscal year.
67 35 2. The provision making the appropriation from the general
68 1 fund of the state for the fiscal year beginning July 1, 2006,
68 2 and ending June 30, 2007, for the purpose of funding total
68 3 nursing facility budget expenditures including rebasing of the
68 4 case=mix nursing facility rates and noncase=mix nursing
68 5 facility=related expenditures, for expenditure after June 30,
68 6 2007.
68 7 3. The provision amending 2006 Iowa Acts, chapter 1184,
68 8 section 2, subsection 1.
68 9 4. The provisions amending 2006 Iowa Acts, chapter 1184,
68 10 section 5.
68 11 5. The provision amending 2006 Iowa Acts, chapter 1184,
68 12 section 6.
68 13 6. The provision amending 2006 Iowa Acts, chapter 1184,
68 14 section 7.
68 15 7. The provision amending 2006 Iowa Acts, chapter 1184,
68 16 section 9.
68 17 8. The provision amending 2006 Iowa Acts, chapter 1184,
68 18 section 10.
68 19 9. The provision amending 2006 Iowa Acts, chapter 1184,
68 20 section 13.
68 21 10. The provision amending 2006 Iowa Acts, chapter 1184,
68 22 section 15.
68 23 11. The provision amending 2006 Iowa Acts, chapter 1184,
68 24 section 17, subsection 16.
68 25 12. The provision amending 2006 Iowa Acts, chapter 1184,
68 26 section 18.
68 27 13. The provision amending 2006 Iowa Acts, chapter 1184,
68 28 section 23.
68 29 14. The provision amending 2006 Iowa Acts, chapter 1184,
68 30 section 24.
68 31 15. The provision amending 2006 Iowa Acts, chapter 1184,
68 32 section 27.
68 33 16. The provision amending 2006 Iowa Acts, chapter 1184,
68 34 section 28.
68 35 17. The provision amending 2006 Iowa Acts, chapter 1184,
69 1 section 60.
69 2 18. The provision amending 2006 Iowa Acts, chapter 1184,
69 3 section 124.
69 4 19. The provision amending 2006 Iowa Acts, chapter 1185,
69 5 section 34.
69 6 DIVISION II
69 7 SENIOR LIVING TRUST FUND,
69 8 PHARMACEUTICAL SETTLEMENT ACCOUNT,
69 9 IOWACARE ACCOUNT, AND HEALTH CARE
69 10 TRANSFORMATION ACCOUNT
69 11 Sec. 68. DEPARTMENT OF ELDER AFFAIRS. There is
69 12 appropriated from the senior living trust fund created in
69 13 section 249H.4 to the department of elder affairs for the
69 14 fiscal year beginning July 1, 2007, and ending June 30, 2008,
69 15 the following amount, or so much thereof as is necessary, to
69 16 be used for the purpose designated:
69 17 For the development and implementation of a comprehensive
69 18 senior living program, including case management only if the
69 19 monthly cost per client for case management for the frail
69 20 elderly services provided does not exceed an average of $70,
69 21 and including program administration and costs associated with
69 22 implementation, salaries, support, maintenance, and
69 23 miscellaneous purposes and for not more than the following
69 24 full=time equivalent positions:
69 25 .................................................. $ 8,384,044
69 26 ............................................... FTEs 3.00
69 27 1. Of the funds appropriated in this section, $2,196,967
69 28 shall be used for case management for the frail elderly. Of
69 29 the funds allocated in this subsection, $1,010,000 shall be
69 30 transferred to the department of human services in equal
69 31 amounts on a quarterly basis for reimbursement of case
69 32 management services provided under the medical assistance
69 33 elderly waiver. The monthly cost per client for case
69 34 management for the frail elderly services provided shall not
69 35 exceed an average of $70.
70 1 2. Notwithstanding section 249H.7, the department of elder
70 2 affairs shall distribute up to $400,000 of the funds
70 3 appropriated in this section in a manner that will supplement
70 4 and maximize federal funds under the federal Older Americans
70 5 Act and shall not use the amount distributed for any
70 6 administrative purposes of either the department of elder
70 7 affairs or the area agencies on aging.
70 8 3. Of the funds appropriated in this section, $60,000
70 9 shall be used to provide dementia=specific education to direct
70 10 care workers and other providers of long=term care to enhance
70 11 existing or scheduled efforts through the Iowa caregivers
70 12 association, the Alzheimer's association, and other
70 13 organizations identified as appropriate by the department.
70 14 Sec. 69. DEPARTMENT OF INSPECTIONS AND APPEALS. There is
70 15 appropriated from the senior living trust fund created in
70 16 section 249H.4 to the department of inspections and appeals
70 17 for the fiscal year beginning July 1, 2007, and ending June
70 18 30, 2008, the following amount, or so much thereof as is
70 19 necessary, to be used for the purpose designated:
70 20 For the inspection and certification of assisted living
70 21 facilities and adult day care services, including program
70 22 administration and costs associated with implementation,
70 23 salaries, support, maintenance, and miscellaneous purposes and
70 24 for not more than the following full=time equivalent
70 25 positions:
70 26 .................................................. $ 790,751
70 27 ............................................... FTEs 5.00
70 28 If legislation is enacted by the Eighty=second General
70 29 Assembly, 2007 Session, transferring full responsibility for
70 30 the oversight of assisted living programs, adult day services
70 31 programs, and elder group homes from the department of elder
70 32 affairs to the department of inspections and appeals, the
70 33 appropriation in this section is increased by $349,051 and the
70 34 number of full=time equivalent positions authorized is
70 35 increased by 2.50 full=time equivalent positions.
71 1 Sec. 70. DEPARTMENT OF HUMAN SERVICES. There is
71 2 appropriated from the senior living trust fund created in
71 3 section 249H.4 to the department of human services for the
71 4 fiscal year beginning July 1, 2007, and ending June 30, 2008,
71 5 the following amount, or so much thereof as is necessary, to
71 6 be used for the purpose designated:
71 7 To supplement the medical assistance appropriation,
71 8 including program administration and costs associated with
71 9 implementation, salaries, support, maintenance, and
71 10 miscellaneous purposes and for not more than the following
71 11 full=time equivalent positions:
71 12 .................................................. $ 65,000,000
71 13 ............................................... FTEs 5.00
71 14 In order to carry out the purposes of this section, the
71 15 department may transfer funds appropriated in this section to
71 16 supplement other appropriations made to the department of
71 17 human services.
71 18 Sec. 71. IOWA FINANCE AUTHORITY. There is appropriated
71 19 from the senior living trust fund created in section 249H.4 to
71 20 the Iowa finance authority for the fiscal year beginning July
71 21 1, 2007, and ending June 30, 2008, the following amount, or so
71 22 much thereof as is necessary, to be used for the purposes
71 23 designated:
71 24 To provide reimbursement for rent expenses to eligible
71 25 persons:
71 26 .................................................. $ 700,000
71 27 Participation in the rent subsidy program shall be limited
71 28 to only those persons who meet the requirements for the
71 29 nursing facility level of care for home and community=based
71 30 services waiver services as in effect on July 1, 2007.
71 31 Sec. 72. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is
71 32 appropriated from the pharmaceutical settlement account
71 33 created in section 249A.33 to the department of human services
71 34 for the fiscal year beginning July 1, 2007, and ending June
71 35 30, 2008, the following amount, or so much thereof as is
72 1 necessary, to be used for the purpose designated:
72 2 To supplement the appropriations made for medical contracts
72 3 under the medical assistance program:
72 4 .................................................. $ 1,323,833
72 5 Sec. 73. APPROPRIATIONS FROM IOWACARE ACCOUNT.
72 6 1. There is appropriated from the IowaCare account created
72 7 in section 249J.24 to the state board of regents for
72 8 distribution to the university of Iowa hospitals and clinics
72 9 for the fiscal year beginning July 1, 2007, and ending June
72 10 30, 2008, the following amount, or so much thereof as is
72 11 necessary, to be used for the purposes designated:
72 12 For salaries, support, maintenance, equipment, and
72 13 miscellaneous purposes, for the provision of medical and
72 14 surgical treatment of indigent patients, for provision of
72 15 services to members of the expansion population pursuant to
72 16 chapter 249J, and for medical education:
72 17 .................................................. $ 27,284,584
72 18 a. Funds appropriated in this subsection shall not be used
72 19 to perform abortions except medically necessary abortions, and
72 20 shall not be used to operate the early termination of
72 21 pregnancy clinic except for the performance of medically
72 22 necessary abortions. For the purpose of this subsection, an
72 23 abortion is the purposeful interruption of pregnancy with the
72 24 intention other than to produce a live=born infant or to
72 25 remove a dead fetus, and a medically necessary abortion is one
72 26 performed under one of the following conditions:
72 27 (1) The attending physician certifies that continuing the
72 28 pregnancy would endanger the life of the pregnant woman.
72 29 (2) The attending physician certifies that the fetus is
72 30 physically deformed, mentally deficient, or afflicted with a
72 31 congenital illness.
72 32 (3) The pregnancy is the result of a rape which is
72 33 reported within 45 days of the incident to a law enforcement
72 34 agency or public or private health agency which may include a
72 35 family physician.
73 1 (4) The pregnancy is the result of incest which is
73 2 reported within 150 days of the incident to a law enforcement
73 3 agency or public or private health agency which may include a
73 4 family physician.
73 5 (5) The abortion is a spontaneous abortion, commonly known
73 6 as a miscarriage, wherein not all of the products of
73 7 conception are expelled.
73 8 b. Notwithstanding any provision of law to the contrary,
73 9 the amount appropriated in this subsection shall be allocated
73 10 in twelve equal monthly payments as provided in section
73 11 249J.24.
73 12 2. There is appropriated from the IowaCare account created
73 13 in section 249J.24 to the state board of regents for
73 14 distribution to the university of Iowa hospitals and clinics
73 15 for the fiscal year beginning July 1, 2007, and ending June
73 16 30, 2008, the following amount, or so much thereof as is
73 17 necessary, to be used for the purposes designated:
73 18 For salaries, support, maintenance, equipment, and
73 19 miscellaneous purposes, for the provision of medical and
73 20 surgical treatment of indigent patients, for provision of
73 21 services to members of the expansion population pursuant to
73 22 chapter 249J, and for medical education:
73 23 .................................................. $ 10,000,000
73 24 The amount appropriated in this subsection shall be
73 25 distributed only if expansion population claims adjudicated
73 26 and paid by the Iowa Medicaid enterprise exceed the
73 27 appropriation to the state board of regents for distribution
73 28 to the university of Iowa hospitals and clinics provided in
73 29 subsection 1. The amount appropriated in this subsection
73 30 shall be distributed monthly for expansion population claims
73 31 adjudicated and approved for payment by the Iowa Medicaid
73 32 enterprise using medical assistance program reimbursement
73 33 rates.
73 34 3. There is appropriated from the IowaCare account created
73 35 in section 249J.24 to the department of human services for the
74 1 fiscal year beginning July 1, 2007, and ending June 30, 2008,
74 2 the following amount, or so much thereof as is necessary, to
74 3 be used for the purposes designated:
74 4 For distribution to a publicly owned acute care teaching
74 5 hospital located in a county with a population over three
74 6 hundred fifty thousand for the provision of medical and
74 7 surgical treatment of indigent patients, for provision of
74 8 services to members of the expansion population pursuant to
74 9 chapter 249J, and for medical education:
74 10 .................................................. $ 40,000,000
74 11 Notwithstanding any provision of law to the contrary, the
74 12 amount appropriated in this subsection shall be allocated in
74 13 twelve equal monthly payments as provided in section 249J.24.
74 14 Any amount appropriated in this subsection in excess of
74 15 $37,000,000 shall be allocated only if federal funds are
74 16 available to match the amount allocated.
74 17 4. There is appropriated from the IowaCare account created
74 18 in section 249J.24 to the department of human services for the
74 19 fiscal year beginning July 1, 2007, and ending June 30, 2008,
74 20 the following amounts, or so much thereof as is necessary, to
74 21 be used for the purposes designated:
74 22 a. For the state mental health institute at Cherokee, for
74 23 salaries, support, maintenance, and miscellaneous purposes,
74 24 including services to members of the expansion population
74 25 pursuant to chapter 249J:
74 26 .................................................. $ 9,098,425
74 27 b. For the state mental health institute at Clarinda, for
74 28 salaries, support, maintenance, and miscellaneous purposes,
74 29 including services to members of the expansion population
74 30 pursuant to chapter 249J:
74 31 .................................................. $ 1,977,305
74 32 c. For the state mental health institute at Independence,
74 33 for salaries, support, maintenance, and miscellaneous
74 34 purposes, including services to members of the expansion
74 35 population pursuant to chapter 249J:
75 1 .................................................. $ 9,045,894
75 2 d. For the state mental health institute at Mount
75 3 Pleasant, for salaries, support, maintenance, and
75 4 miscellaneous purposes, including services to members of the
75 5 expansion population pursuant to chapter 249J:
75 6 .................................................. $ 5,752,587
75 7 Sec. 74. APPROPRIATIONS FROM ACCOUNT FOR HEALTH CARE
75 8 TRANSFORMATION. There is appropriated from the account for
75 9 health care transformation created in section 249J.23, to the
75 10 department of human services, for the fiscal year beginning
75 11 July 1, 2007, and ending June 30, 2008, the following amounts,
75 12 or so much thereof as is necessary, to be used for the
75 13 purposes designated:
75 14 1. For the costs of medical examinations and development
75 15 of personal health improvement plans for the expansion
75 16 population pursuant to section 249J.6:
75 17 .................................................. $ 556,800
75 18 2. For the provision of a medical information hotline for
75 19 the expansion population as provided in section 249J.6:
75 20 .................................................. $ 150,000
75 21 3. For the mental health transformation pilot program:
75 22 .................................................. $ 250,000
75 23 4. For other health promotion partnership activities
75 24 pursuant to section 249J.14:
75 25 .................................................. $ 550,000
75 26 5. For the costs related to audits, performance
75 27 evaluations, and studies required pursuant to chapter 249J:
75 28 .................................................. $ 400,000
75 29 6. For administrative costs associated with chapter 249J:
75 30 .................................................. $ 930,352
75 31 7. For planning and development, in cooperation with the
75 32 department of public health, of a phased=in program to provide
75 33 a dental home for children:
75 34 .................................................. $ 1,186,475
75 35 The department shall issue a request for proposals for a
76 1 performance=based contract to implement the dental home for
76 2 children and shall apply for any waivers from the centers for
76 3 Medicare and Medicaid services of the United States department
76 4 of health and human services, as necessary, to pursue a
76 5 phased=in approach. The department shall submit progress
76 6 reports regarding the planning and development of the dental
76 7 home for children to the medical assistance projections and
76 8 assessment council on a periodic basis.
76 9 Notwithstanding section 8.39, subsection 1, without the
76 10 prior written consent and approval of the governor and the
76 11 director of the department of management, the director of
76 12 human services may transfer funds among the appropriations
76 13 made in this section, as necessary to carry out the purposes
76 14 of the account for health care transformation. The department
76 15 shall report any transfers made pursuant to this section to
76 16 the legislative services agency.
76 17 Sec. 75. TRANSFER FROM ACCOUNT FOR HEALTH CARE
76 18 TRANSFORMATION. There is transferred from the account for
76 19 health care transformation created pursuant to section
76 20 249J.23, to the IowaCare account created in section 249J.24, a
76 21 total of $5,000,000 for the fiscal year beginning July 1,
76 22 2007, and ending June 30, 2008.
76 23 Sec. 76. MEDICAL ASSISTANCE PROGRAM == REVERSION TO SENIOR
76 24 LIVING TRUST FUND FOR FY 2007=2008. Notwithstanding section
76 25 8.33, if moneys appropriated for purposes of the medical
76 26 assistance program for the fiscal year beginning July 1, 2007,
76 27 and ending June 30, 2008, from the general fund of the state,
76 28 the senior living trust fund, the healthy Iowans tobacco trust
76 29 fund, and the health care trust fund are in excess of actual
76 30 expenditures for the medical assistance program and remain
76 31 unencumbered or unobligated at the close of the fiscal year,
76 32 the excess moneys shall not revert but shall be transferred to
76 33 the senior living trust fund created in section 249H.4.
76 34 DIVISION III
76 35 MH/MR/DD/BI SERVICES
77 1 ALLOWED GROWTH FUNDING ==
77 2 FY 2007=2008
77 3 Sec. 77. Section 225C.7, subsection 2, Code 2007, is
77 4 amended to read as follows:
77 5 2. Moneys appropriated to the fund shall be allocated to
77 6 counties for funding of community=based mental health, mental
77 7 retardation, developmental disabilities, and brain injury
77 8 services in the manner provided in the appropriation to the
77 9 fund. If the allocation methodology includes a population
77 10 factor, the most recent population estimates issued by the
77 11 United States bureau of the census shall be applied.
77 12 Sec. 78. Section 331.438, subsection 1, paragraph b, Code
77 13 2007, is amended by striking the paragraph.
77 14 Sec. 79. Section 331.438, subsection 2, Code 2007, is
77 15 amended to read as follows:
77 16 2. a. A state payment to a county for a fiscal year shall
77 17 consist of the sum of the state funding the county is eligible
77 18 to receive from the property tax relief fund in accordance
77 19 with section 426B.2 plus the county's portion of state funds
77 20 appropriated for the allowed growth factor adjustment
77 21 established by the general assembly under section 331.439,
77 22 subsection 3, and paid from the allowed growth funding pool in
77 23 accordance with section 426B.5.
77 24 b. A county's portion of the allowed growth factor
77 25 adjustment appropriation for a fiscal year shall be determined
77 26 based upon the county's proportion of the state's general
77 27 population.
77 28 c. The department of human services shall provide for
77 29 payment of the amount due a county for the county's allowed
77 30 growth factor adjustment determined in accordance with this
77 31 subsection. The director of human services shall authorize
77 32 warrants payable to the county treasurer for the amounts due
77 33 and the warrants shall be mailed in January of each year. The
77 34 county treasurer shall credit the amount of the warrant to the
77 35 county's services fund created under section 331.424A.
78 1 d. Unless otherwise provided by law, in order to be
78 2 included in any distribution formula for the allowed growth
78 3 factor adjustment and to receive an allowed growth factor
78 4 adjustment payment, a county must levy seventy percent or more
78 5 of the maximum amount allowed for the county's services fund
78 6 for taxes due and payable in the fiscal year for which the
78 7 allowed growth factor adjustment is payable.
78 8 Sec. 80. Section 331.439, subsection 5, Code 2007, is
78 9 amended to read as follows:
78 10 5. a. A county shall implement the county's management
78 11 plan in a manner so as to provide adequate funding for the
78 12 entire fiscal year by budgeting for ninety=nine percent of the
78 13 funding anticipated to be available for the plan. A county
78 14 may expend all of the funding anticipated to be available for
78 15 the plan.
78 16 b. If a county determines that the county cannot provide
78 17 services in accordance with the county's management plan and
78 18 remain in compliance with the budgeting requirement of
78 19 paragraph "a" for the fiscal year, the county may implement a
78 20 waiting list for the services. The procedures for
78 21 establishing and applying a waiting list shall be specified in
78 22 the county's management plan. If a county implements a
78 23 waiting list for services, the county shall notify the
78 24 department of human services. The department shall maintain
78 25 on the department's internet website an up=to=date listing of
78 26 the counties that have implemented a waiting list and the
78 27 services affected by each waiting list.
78 28 Sec. 81. Section 331.440, subsection 4, as enacted by 2006
78 29 Iowa Acts, chapter 1115, section 17, is amended to read as
78 30 follows:
78 31 4. a. An application for services may be made through the
78 32 central point of coordination process of an adult person's
78 33 county of residence. Effective July 1, 2007, if an adult
78 34 person who is subject to a central point of coordination
78 35 process has legal settlement in another county, the central
79 1 point of coordination process functions relating to the
79 2 application shall be performed by the central point of
79 3 coordination process of the person's county of residence in
79 4 accordance with the county of residence's management plan
79 5 approved under section 331.439 and the person's county of
79 6 legal settlement is responsible for the cost of the services
79 7 or other support authorized at the rates reimbursed by the
79 8 county of residence.
79 9 b. The county of residence shall determine whether or not
79 10 the person's county of legal settlement has implemented a
79 11 waiting list in accordance with section 331.439, subsection 5.
79 12 If the person's county of legal settlement has implemented a
79 13 waiting list, the services or other support for the person
79 14 shall be authorized by the county of residence in accordance
79 15 with the county of legal settlement's waiting list provisions.
79 16 c. At the time services or other support are authorized,
79 17 the county of residence shall send the county of legal
79 18 settlement a copy of the authorization notice.
79 19 Sec. 82. Section 426B.5, subsection 1, Code 2007, is
79 20 amended to read as follows:
79 21 1. PER CAPITA EXPENDITURE TARGET ALLOWED GROWTH FUNDING
79 22 POOL.
79 23 a. A per capita expenditure target An allowed growth
79 24 funding pool is created in the property tax relief fund. The
79 25 pool shall consist of the moneys credited to the pool by law.
79 26 b. A statewide per capita expenditure target amount is
79 27 established. The statewide per capita expenditure target
79 28 amount shall be equal to the one=hundredth percentile of all
79 29 county per capita expenditures in the fiscal year beginning
79 30 July 1, 1997, and ending June 30, 1998.
79 31 c. b. Moneys available in the per capita expenditure
79 32 allowed growth funding pool for a fiscal year are appropriated
79 33 to the department of human services for distribution as
79 34 provided in this subsection.
79 35 c. The first twelve million dollars credited to the
80 1 funding pool shall be allocated to counties based upon the
80 2 county's relative proportion of the state's general
80 3 population.
80 4 d. (1) The amount in the funding pool remaining after the
80 5 allocation made in paragraph "c" shall be distributed
80 6 allocated to those counties that meet all of the following
80 7 eligibility requirements:
80 8 (1) (a) The county is levying the maximum amount allowed
80 9 for the county's mental health, mental retardation, and
80 10 developmental disabilities services fund under section
80 11 331.424A for the fiscal year in which the funding is
80 12 distributed.
80 13 (2) The county's per capita expenditure in the latest
80 14 fiscal year for which the actual expenditure information is
80 15 available is equal to or less than the statewide per capita
80 16 expenditure target amount.
80 17 (3) (b) In the latest fiscal year that commenced two
80 18 years prior to the fiscal year of distribution reported in
80 19 accordance with section 331.403, the county's mental health,
80 20 mental retardation, and developmental disabilities services
80 21 fund ending balance under generally accepted accounting
80 22 principles was equal to or less than twenty=five percent of
80 23 the county's actual gross expenditures for the that fiscal
80 24 year that commenced two years prior to the fiscal year of
80 25 distribution.
80 26 (4) The county is in compliance with the filing date
80 27 requirements under section 331.403.
80 28 d. (2) The distribution amount allocated to a county
80 29 receives from the moneys available in the pool under this
80 30 paragraph "d" shall be determined based upon the county's
80 31 proportion of the general population of the counties eligible
80 32 to receive moneys from the pool for that fiscal year.
80 33 However, a county shall not receive moneys in excess of the
80 34 amount which would cause the county's per capita expenditure
80 35 to exceed the statewide per capita expenditure target.
81 1 e. In order to receive an allocation under this section, a
81 2 county must comply with the filing date requirements under
81 3 section 331.403. Moneys credited to the per capita
81 4 expenditure target allowed growth funding pool which remain
81 5 unobligated or unexpended at the close of a fiscal year shall
81 6 remain in the pool for distribution in the succeeding fiscal
81 7 year.
81 8 f. The most recent population estimates issued by the
81 9 United States bureau of the census shall be applied in
81 10 determining population for the purposes of this subsection.
81 11 e. g. The department of human services shall annually
81 12 calculate the amount of moneys due to eligible counties in
81 13 accordance with this subsection. The department shall
81 14 authorize the issuance of warrants payable to the county
81 15 treasurer for the amounts due and the warrants shall be issued
81 16 in January.
81 17 Sec. 83. 2006 Iowa Acts, chapter 1185, section 1, is
81 18 amended to read as follows:
81 19 SECTION 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
81 20 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ALLOCATIONS
81 21 == FISCAL YEAR 2007=2008.
81 22 1. There is appropriated from the general fund of the
81 23 state to the department of human services for the fiscal year
81 24 beginning July 1, 2007, and ending June 30, 2008, the
81 25 following amount, or so much thereof as is necessary, to be
81 26 used for the purpose designated:
81 27 For distribution to counties of the county mental health,
81 28 mental retardation, and developmental disabilities allowed
81 29 growth factor adjustment, as provided in this section in lieu
81 30 of the provisions of section 331.438, subsection 2, and
81 31 section 331.439, subsection 3, and chapter 426B:
81 32 .................................................. $ 43,287,141
81 33 36,888,041
81 34 1A. There is appropriated from the property tax relief
81 35 fund to the department of human services for the fiscal year
82 1 beginning July 1, 2007, and ending June 30, 2008, the
82 2 following amount, or so much thereof as is necessary, to be
82 3 used for the purposes designated:
82 4 For distribution to counties of the county mental health,
82 5 mental retardation, and developmental disabilities allowed
82 6 growth factor adjustment, as provided in this section in lieu
82 7 of the provisions of section 331.438, subsection 2, and
82 8 section 331.439, subsection 3, and chapter 426B:
82 9 .................................................. $ 7,592,099
82 10 1B. There is appropriated from the general fund of the
82 11 state to the department of human services for the fiscal year
82 12 beginning July 1, 2007, and ending June 30, 2008, the
82 13 following amount, or so much thereof as is necessary, to be
82 14 used for the purpose designated:
82 15 For distribution to counties that meet the requirements of
82 16 this subsection:
82 17 .................................................. $ 12,000,000
82 18 a. To be eligible to receive an allocation under this
82 19 subsection, a county must meet the following requirements:
82 20 (1) The county is levying for the maximum amount allowed
82 21 for the county's mental health, mental retardation, and
82 22 developmental disabilities services fund under section
82 23 331.424A for taxes due and payable in the fiscal year
82 24 beginning July 1, 2007, or the county is levying for at least
82 25 90 percent of the maximum amount allowed for the county's
82 26 services fund and that levy rate is more than $2 per $1,000 of
82 27 the assessed value of all taxable property in the county.
82 28 (2) In the fiscal year beginning July 1, 2006, the
82 29 county's mental health, mental retardation, and developmental
82 30 disabilities services fund ending balance under generally
82 31 accepted accounting principles was equal to or less than 15
82 32 percent of the county's actual gross expenditures for that
82 33 fiscal year.
82 34 b. A county's allocation of the amount appropriated in
82 35 this subsection shall be determined based upon the county's
83 1 proportion of the general population of the counties eligible
83 2 to receive an allocation under this subsection. The most
83 3 recent population estimates issued by the United States bureau
83 4 of the census shall be applied in determining population for
83 5 the purposes of this paragraph.
83 6 c. The allocations made pursuant to this subsection are
83 7 subject to the distribution provisions and withholding
83 8 requirements established in this section for the county mental
83 9 health, mental retardation, and developmental disabilities
83 10 allowed growth factor adjustment for the fiscal year beginning
83 11 July 1, 2007.
83 12 2. The funding appropriated in this section is the allowed
83 13 growth factor adjustment for fiscal year 2007=2008, and is
83 14 allocated as follows:
83 15 a. For distribution to counties for fiscal year 2007=2008
83 16 in accordance with the formula in section 331.438, subsection
83 17 2, paragraph "b":
83 18 .................................................. $ 12,000,000
83 19 b. a. For deposit in the per capita expenditure target
83 20 allowed growth funding pool created in the property tax relief
83 21 fund and for distribution in accordance with section 426B.5,
83 22 subsection 1:
83 23 .................................................. $ 24,360,548
83 24 41,553,547
83 25 c. b. For deposit in the risk pool created in the
83 26 property tax relief fund and for distribution in accordance
83 27 with section 426B.5, subsection 2:
83 28 .................................................. $ 2,000,000
83 29 0
83 30 d. c. For expansion of services to persons with transfer
83 31 to the department of public health for the brain injury
83 32 services program in accordance with the law enacted by the
83 33 Eighty=first General Assembly, 2006 Session, as law providing
83 34 for such expansion of services to commence in the fiscal year
83 35 beginning July 1, 2006 section 135.22B:
84 1 .................................................. $ 4,926,593
84 2 2,926,593
84 3 If 2006 Iowa Acts, House File 2772, is enacted by the
84 4 Eighty=first General Assembly, 2006 Session, the allocation
84 5 made in this lettered paragraph shall be transferred to the
84 6 Iowa department of public health to be used for the brain
84 7 injury services program created pursuant to that Act.
84 8 Sec. 84. 2006 Iowa Acts, chapter 1185, section 1, is
84 9 amended by adding the following new subsections:
84 10 NEW SUBSECTION. 3. The following formula amounts shall be
84 11 utilized only to calculate preliminary distribution amounts
84 12 for fiscal year 2007=2008 under this section by applying the
84 13 indicated formula provisions to the formula amounts and
84 14 producing a preliminary distribution total for each county:
84 15 a. For calculation of a distribution amount for eligible
84 16 counties from the allowed growth funding pool created in the
84 17 property tax relief fund in accordance with the requirements
84 18 in section 426B.5, subsection 1:
84 19 .................................................. $ 49,218,123
84 20 b. For calculation of a distribution amount for counties
84 21 from the mental health and developmental disabilities (MH/DD)
84 22 community services fund in accordance with the formula
84 23 provided in the appropriation made for the MH/DD community
84 24 services fund for the fiscal year beginning July 1, 2007:
84 25 .................................................. $ 17,727,890
84 26 NEW SUBSECTION. 4. After applying the applicable
84 27 statutory distribution formulas to the amounts indicated in
84 28 subsection 3 for purposes of producing preliminary
84 29 distribution totals, the department of human services shall
84 30 apply a withholding factor to adjust an eligible individual
84 31 county's preliminary distribution total. In order to be
84 32 eligible for a distribution under this section, a county must
84 33 be levying seventy percent or more of the maximum amount
84 34 allowed for the county's mental health, mental retardation,
84 35 and developmental disabilities services fund under section
85 1 331.424A for taxes due and payable in the fiscal year for
85 2 which the distribution is payable. An ending balance
85 3 percentage for each county shall be determined by expressing
85 4 the county's ending balance on a modified accrual basis under
85 5 generally accepted accounting principles for the fiscal year
85 6 beginning July 1, 2006, in the county's mental health, mental
85 7 retardation, and developmental disabilities services fund
85 8 created under section 331.424A, as a percentage of the
85 9 county's gross expenditures from that fund for that fiscal
85 10 year. If a county borrowed moneys for purposes of providing
85 11 services from the county's services fund on or before July 1,
85 12 2006, and the county's services fund ending balance for that
85 13 fiscal year includes the loan proceeds or an amount designated
85 14 in the county budget to service the loan for the borrowed
85 15 moneys, those amounts shall not be considered to be part of
85 16 the county's ending balance for purposes of calculating an
85 17 ending balance percentage under this subsection. The
85 18 withholding factor for a county shall be the following
85 19 applicable percent:
85 20 a. For an ending balance percentage of less than 5
85 21 percent, a withholding factor of 0 percent. In addition, a
85 22 county that is subject to this lettered paragraph shall
85 23 receive an inflation adjustment equal to 3 percent of the
85 24 gross expenditures reported for the county's services fund for
85 25 the fiscal year.
85 26 b. For an ending balance percentage of 5 or more but less
85 27 than 10 percent, a withholding factor of 0 percent. In
85 28 addition, a county that is subject to this lettered paragraph
85 29 shall receive an inflation adjustment equal to 2 percent of
85 30 the gross expenditures reported for the county's services fund
85 31 for the fiscal year.
85 32 c. For an ending balance percentage of 10 or more but less
85 33 than 25 percent, a withholding factor of 25 percent. However,
85 34 for counties with an ending balance percentage of 10 or more
85 35 but less than 15 percent, the amount withheld shall be limited
86 1 to the amount by which the county's ending balance was in
86 2 excess of the ending balance percentage of 10 percent.
86 3 d. For an ending balance percentage of 25 percent or more,
86 4 a withholding percentage of 100 percent.
86 5 NEW SUBSECTION. 5. The total withholding amounts applied
86 6 pursuant to subsection 4 shall be equal to a withholding
86 7 target amount of $7,664,576. If the department of human
86 8 services determines that the amount to be withheld in
86 9 accordance with subsection 4 is not equal to the target
86 10 withholding amount, the department shall adjust the
86 11 withholding factors listed in subsection 4 as necessary to
86 12 achieve the target withholding amount. However, in making
86 13 such adjustments to the withholding factors, the department
86 14 shall strive to minimize changes to the withholding factors
86 15 for those ending balance percentage ranges that are lower than
86 16 others and shall not adjust the zero withholding factor or the
86 17 inflation adjustment percentage specified in subsection 4,
86 18 paragraph "a".
86 19 Sec. 85. MENTAL HEALTH PATIENT ADVOCATE STUDY. The
86 20 legislative council is requested to authorize a 2007
86 21 legislative interim study of the duties, responsibilities,
86 22 funding, and authority for the mental health patient advocates
86 23 appointed by the courts under chapter 229. The study
86 24 committee membership should include representatives of
86 25 counties, the judicial branch, mental health patient
86 26 advocates, and the department of human services. The study
86 27 should specifically identify the appropriate appointing
86 28 authority and funding source for the advocates in the study
86 29 recommendations.
86 30 Sec. 86. Section 331.440A, Code 2007, is repealed.
86 31 DIVISION IV
86 32 MH/MR/DD DATA REPORTING
86 33 == RISK POOL ASSISTANCE
86 34 Sec. 87. Section 225C.6A, subsection 2, paragraph c, Code
86 35 2007, is amended by adding the following new subparagraph:
87 1 NEW SUBPARAGRAPH. (3) Each county shall report to the
87 2 department annually on or before December 1, for the preceding
87 3 fiscal year the following information for each individual
87 4 served: demographic information, expenditure data, and data
87 5 concerning the services and other support provided to each
87 6 individual, as specified in administrative rule adopted by the
87 7 commission.
87 8 Sec. 88. Section 331.439, subsection 1, paragraph a, Code
87 9 2007, is amended to read as follows:
87 10 a. The county accurately reported by December 1 the
87 11 county's expenditures for mental health, mental retardation,
87 12 and developmental disabilities services and the information
87 13 required under section 225C.6A, subsection 2, paragraph "c",
87 14 for the previous fiscal year on forms prescribed by rules
87 15 adopted by the department of human services state commission.
87 16 Sec. 89. Section 426B.5, subsection 2, Code 2007, is
87 17 amended to read as follows:
87 18 2. RISK POOL.
87 19 a. For the purposes of this subsection, unless the context
87 20 otherwise requires:,
87 21 (1) "Net expenditure amount" means a county's gross
87 22 expenditures from the services fund for a fiscal year as
87 23 adjusted by subtracting all services fund revenues for that
87 24 fiscal year that are received from a source other than
87 25 property taxes, as calculated on a modified accrual basis.
87 26 (2) "Services "services fund" means a county's mental
87 27 health, mental retardation, and developmental disabilities
87 28 services fund created in section 331.424A.
87 29 b. A risk pool is created in the property tax relief fund.
87 30 The pool shall consist of the moneys credited to the pool by
87 31 law.
87 32 c. A risk pool board is created. The board shall consist
87 33 of two county supervisors, two county auditors, a member of
87 34 the mental health, mental retardation, developmental
87 35 disabilities, and brain injury commission who is not a member
88 1 of a county board of supervisors, a member of the county
88 2 finance committee created in chapter 333A who is not an
88 3 elected official, a representative of a provider of mental
88 4 health or developmental disabilities services selected from
88 5 nominees submitted by the Iowa association of community
88 6 providers, and two central point of coordination process
88 7 administrators, all appointed by the governor, and one member
88 8 appointed by the director of human services. All members
88 9 appointed by the governor shall be subject to confirmation by
88 10 the senate. Members shall serve for three=year terms. A
88 11 vacancy shall be filled in the same manner as the original
88 12 appointment. Expenses and other costs of the risk pool board
88 13 members representing counties shall be paid by the county of
88 14 origin. Expenses and other costs of risk pool board members
88 15 who do not represent counties shall be paid from a source
88 16 determined by the governor. Staff assistance to the board
88 17 shall be provided by the department of human services and
88 18 counties. Actuarial expenses and other direct administrative
88 19 costs shall be charged to the pool.
88 20 d. (1) A county must apply to the risk pool board for
88 21 assistance from the risk pool on or before January 25 to cover
88 22 an unanticipated net expenditure amount in excess of the
88 23 county's current fiscal year budgeted net expenditure amount
88 24 for the county's services fund. The risk pool board shall
88 25 make its final decisions on or before February 25 regarding
88 26 acceptance or rejection of the applications for assistance and
88 27 the total amount accepted shall be considered obligated. For
88 28 purposes of applying for risk pool assistance and for repaying
88 29 unused risk pool assistance, the current fiscal year budgeted
88 30 net expenditure amount shall be deemed to be the higher of
88 31 either the budgeted net expenditure amount in the management
88 32 plan approved under section 331.439 for the fiscal year in
88 33 which the application is made or the prior fiscal year's net
88 34 expenditure amount.
88 35 (2) e. Basic eligibility for risk pool assistance shall
89 1 require a projected net expenditure amount in excess of the
89 2 sum of one hundred five percent of the county's current fiscal
89 3 year budgeted net expenditure amount and any amount of the
89 4 county's prior fiscal year ending fund balance in excess of
89 5 twenty=five percent of the county's gross expenditures from
89 6 the services fund in the prior fiscal year. However, if a
89 7 county's services fund ending balance in the previous fiscal
89 8 year was less than ten percent of the amount of the county's
89 9 gross expenditures from the services fund for that fiscal year
89 10 and the county has a projected net expenditure amount for the
89 11 current fiscal year that is in excess of one hundred one
89 12 percent of the budgeted net expenditure amount for the current
89 13 fiscal year, the county shall be considered to have met the
89 14 basic eligibility requirement and is qualified for risk pool
89 15 assistance. requires that a county meet all of the following
89 16 conditions:
89 17 (1) The county is in compliance with the requirements of
89 18 section 331.439.
89 19 (2) The county levied the maximum amount allowed for the
89 20 county's services fund under section 331.424A for the fiscal
89 21 year of application for risk pool assistance.
89 22 (3) At the close of the fiscal year that immediately
89 23 preceded the fiscal year of application, the county's services
89 24 fund ending balance under generally accepted accounting
89 25 principles was equal to or less than twenty percent of the
89 26 county's actual gross expenditures for that fiscal year.
89 27 (3) f. The board shall review the fiscal year=end
89 28 financial records for all counties that are granted risk pool
89 29 assistance. If the board determines a county's actual need
89 30 for risk pool assistance was less than the amount of risk pool
89 31 assistance granted to the county, the county shall refund the
89 32 difference between the amount of assistance granted and the
89 33 actual need. The county shall submit the refund within thirty
89 34 days of receiving notice from the board. Refunds shall be
89 35 credited to the risk pool. The mental health, mental
90 1 retardation, developmental disabilities, and brain injury
90 2 commission shall adopt rules pursuant to chapter 17A providing
90 3 criteria for the purposes of this lettered paragraph and as
90 4 necessary to implement the other provisions of this
90 5 subsection.
90 6 (4) A county receiving risk pool assistance in a fiscal
90 7 year in which the county did not levy the maximum amount
90 8 allowed for the county's services fund under section 331.424A
90 9 shall be required to repay the risk pool assistance during the
90 10 two succeeding fiscal years. The repayment amount shall be
90 11 limited to the amount by which the actual amount levied was
90 12 less than the maximum amount allowed, with at least fifty
90 13 percent due in the first succeeding fiscal year and the
90 14 remainder due in the second succeeding fiscal year.
90 15 (5) g. The board shall determine application requirements
90 16 to ensure prudent use of risk pool assistance. The board may
90 17 accept or reject an application for assistance in whole or in
90 18 part. The decision of the board is final.
90 19 (6) h. The total amount of risk pool assistance shall be
90 20 limited to the amount available in the risk pool for a fiscal
90 21 year. If the total amount of eligible assistance exceeds the
90 22 amount available in the risk pool, the amount of assistance
90 23 paid shall be prorated among the counties eligible for
90 24 assistance. Moneys remaining unexpended or unobligated in the
90 25 risk pool following the risk pool board's decisions made
90 26 pursuant to subparagraph (1) shall be distributed to the
90 27 counties eligible to receive funding from the allowed growth
90 28 factor adjustment appropriation for the fiscal year using the
90 29 distribution methodology applicable to that appropriation.
90 30 Any unobligated balance in the risk pool at the close of a
90 31 fiscal year shall remain in the risk pool for distribution in
90 32 the succeeding fiscal year.
90 33 e. i. A county may apply for preapproval for risk pool
90 34 assistance based upon an individual who has an unanticipated
90 35 disability condition with an exceptional cost and the
91 1 individual is either new to the county's service system or the
91 2 individual's unanticipated disability condition is new to the
91 3 individual. A county may submit a preapproval application
91 4 beginning on July 1 for the fiscal year of submission and the
91 5 risk pool board shall notify the county of the risk pool
91 6 board's decision concerning the application within forty=five
91 7 days of receiving the application. Whether for a preapproval
91 8 or regular application, risk pool assistance shall only be
91 9 made available to address one or more of the following
91 10 circumstances:
91 11 (1) Continuing support for mandated services.
91 12 (2) Avoiding the need for reduction or elimination of
91 13 critical services when the reduction or elimination places
91 14 consumers' health or safety at risk.
91 15 (3) Avoiding the need for reduction or elimination of
91 16 critical emergency services when the reduction or elimination
91 17 places the public's health or safety at risk.
91 18 (4) Avoiding the need for reduction or elimination of the
91 19 services or other support provided to entire disability
91 20 populations.
91 21 (5) Avoiding the need for reduction or elimination of
91 22 services or other support that maintain consumers in a
91 23 community setting, creating a risk that the consumers would be
91 24 placed in more restrictive, higher cost settings.
91 25 f. j. The Subject to the amount available and obligated
91 26 from the risk pool for a fiscal year, the department of human
91 27 services shall annually calculate the amount of moneys due to
91 28 eligible counties in accordance with the board's decisions and
91 29 that amount is appropriated from the risk pool to the
91 30 department for payment of the moneys due. The department
91 31 shall authorize the issuance of warrants payable to the county
91 32 treasurer for the amounts due and the warrants shall be issued
91 33 before the close of the fiscal year.
91 34 g. k. On or before March 1 and September 1 of each fiscal
91 35 year, the department of human services shall provide the risk
92 1 pool board with a report of the financial condition of each
92 2 funding source administered by the board. The report shall
92 3 include but is not limited to an itemization of the funding
92 4 source's balances, types and amount of revenues credited, and
92 5 payees and payment amounts for the expenditures made from the
92 6 funding source during the reporting period.
92 7 l. If the board has made its decisions but has determined
92 8 that there are otherwise qualifying requests for risk pool
92 9 assistance that are beyond the amount available in the risk
92 10 pool fund for a fiscal year, the board shall compile a list of
92 11 such req