Text: SF2424
Text: SF2426
Complete Bill History
Senate File 2425
SENATE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SSB 3297)
Passed Senate, Date Passed House, 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, providing penalties, making penalties
4 applicable and providing effective, retroactive, and
5 applicability date provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 5002SV 82
8 pf/jp/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, 2008, and ending June 30, 2009, 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 .................................................. $ 5,251,698
1 25 ............................................... FTEs 40.50
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 continue to fund additional long=term care
2 18 resident's advocate positions.
2 19 5. Of the funds appropriated in this section, $250,000
2 20 shall be used for continuation of the substitute decision
2 21 maker Act pursuant to chapter 231E.
2 22 6. Of the funds appropriated in this section, $200,000
2 23 shall be used to replace federal funding for the aging and
2 24 disability resource center.
2 25 7. Of the funds appropriated in this section, $200,000
2 26 shall be used to expand the elder abuse initiative program
2 27 established pursuant to section 231.56A to additional
2 28 counties.
2 29 HEALTH
2 30 Sec. 2. DEPARTMENT OF PUBLIC HEALTH. There is
2 31 appropriated from the general fund of the state to the
2 32 department of public health for the fiscal year beginning July
2 33 1, 2008, and ending June 30, 2009, the following amounts, or
2 34 so much thereof as is necessary, to be used for the purposes
2 35 designated:
3 1 1. ADDICTIVE DISORDERS
3 2 For reducing the prevalence of use of tobacco, alcohol, and
3 3 other drugs, and treating individuals affected by addictive
3 4 behaviors, including gambling, and for not more than the
3 5 following full=time equivalent positions:
3 6 .................................................. $ 3,082,149
3 7 ............................................... FTEs 6.00
3 8 a. The requirement of section 123.53, subsection 3, is met
3 9 by the appropriations made in this Act for purposes of
3 10 addictive disorders for the fiscal year beginning July 1,
3 11 2008.
3 12 b. Of the funds appropriated in this subsection,
3 13 $1,550,000 shall be used for tobacco use prevention,
3 14 cessation, and treatment.
3 15 2. HEALTHY CHILDREN AND FAMILIES
3 16 For promoting the optimum health status for children,
3 17 adolescents from birth through 21 years of age, and families,
3 18 and for not more than the following full=time equivalent
3 19 positions:
3 20 .................................................. $ 2,636,913
3 21 ............................................... FTEs 16.00
3 22 a. Of the funds appropriated in this subsection, not more
3 23 than $645,917 shall be used for the healthy opportunities to
3 24 experience success (HOPES)=healthy families Iowa (HFI) program
3 25 established pursuant to section 135.106. The department shall
3 26 transfer the funding allocated for the HOPES=HFI program to
3 27 the Iowa empowerment board for distribution and shall assist
3 28 the board in managing the contracting for the funding. The
3 29 funding shall be distributed to renew the grants that were
3 30 provided to the grantees that operated the program during the
3 31 fiscal year ending June 30, 2008.
3 32 b. Of the funds appropriated in this subsection, $325,000
3 33 shall be used to continue to address the healthy mental
3 34 development of children from birth through five years of age
3 35 through local evidence=based strategies that engage both the
4 1 public and private sectors in promoting healthy development,
4 2 prevention, and treatment for children.
4 3 c. Of the funds appropriated in this subsection, $100,000
4 4 is allocated for distribution to the children's hospital of
4 5 Iowa mother's milk bank.
4 6 d. Of the funds appropriated in this subsection, $40,000
4 7 shall be distributed to a statewide dental carrier to provide
4 8 funds to continue the donated dental services program
4 9 patterned after the projects developed by the national
4 10 foundation of dentistry for the handicapped to provide dental
4 11 services to indigent elderly and disabled individuals.
4 12 e. Of the funds appropriated in this subsection, $100,000
4 13 shall be transferred to the university of Iowa college of
4 14 dentistry for provision of primary dental services to
4 15 children. State funds shall be matched on a dollar=for=dollar
4 16 basis. The university of Iowa college of dentistry shall
4 17 coordinate efforts with the department of public health bureau
4 18 of oral health to provide dental care to underserved
4 19 populations throughout the state.
4 20 3. CHRONIC CONDITIONS
4 21 For serving individuals identified as having chronic
4 22 conditions or special health care needs, and for not more than
4 23 the following full=time equivalent positions:
4 24 .................................................. $ 2,242,840
4 25 ............................................... FTEs 5.00
4 26 a. Of the funds appropriated in this subsection, $100,000
4 27 shall be used for grants to individual patients who have
4 28 phenylketonuria (PKU) to assist with the costs of necessary
4 29 special foods.
4 30 b. Of the funds appropriated in this subsection, $500,000
4 31 is allocated for continuation of the contracts for resource
4 32 facilitator services in accordance with section 135.22B,
4 33 subsection 10, and for brain injury training services and
4 34 recruiting of service providers to increase the capacity
4 35 within this state to address the needs of individuals with
5 1 brain injuries and such individuals' families.
5 2 4. COMMUNITY CAPACITY
5 3 For strengthening the health care delivery system at the
5 4 local level, and for not more than the following full=time
5 5 equivalent positions:
5 6 .................................................. $ 1,760,532
5 7 ............................................... FTEs 12.00
5 8 a. Of the funds appropriated in this subsection, $100,000
5 9 is allocated for a child vision screening program implemented
5 10 through the university of Iowa hospitals and clinics in
5 11 collaboration with community empowerment areas.
5 12 b. Of the funds appropriated in this subsection, $159,700
5 13 is allocated for an initiative implemented at the university
5 14 of Iowa and $140,300 is allocated for an initiative at the
5 15 state mental health institute at Cherokee to expand and
5 16 improve the workforce engaged in mental health treatment and
5 17 services. The initiatives shall receive input from the
5 18 university of Iowa, the department of human services, the
5 19 department of public health, and the mental health, mental
5 20 retardation, developmental disabilities, and brain injury
5 21 commission to address the focus of the initiatives. The
5 22 department of human services, the department of public health,
5 23 and the commission shall receive regular updates concerning
5 24 the status of the initiatives.
5 25 5. ELDERLY WELLNESS
5 26 For promotion of healthy aging and optimization of the
5 27 health of older adults:
5 28 .................................................. $ 9,233,985
5 29 6. ENVIRONMENTAL HAZARDS
5 30 For reducing the public's exposure to hazards in the
5 31 environment, primarily chemical hazards, and for not more than
5 32 the following full=time equivalent positions:
5 33 .................................................. $ 747,960
5 34 ............................................... FTEs 2.00
5 35 Of the funds appropriated in this subsection, $121,000
6 1 shall be used for childhood lead poisoning provisions.
6 2 7. INFECTIOUS DISEASES
6 3 For reducing the incidence and prevalence of communicable
6 4 diseases, and for not more than the following full=time
6 5 equivalent positions:
6 6 .................................................. $ 1,858,286
6 7 ............................................... FTEs 7.00
6 8 a. Of the funds appropriated in this subsection, an
6 9 increase of $200,000 is provided for the purchasing of
6 10 vaccines for immunizations.
6 11 b. Of the funds appropriated in this subsection, $100,000
6 12 shall be used to fund the position of bureau chief for the
6 13 center for acute disease epidemiology (CADE).
6 14 8. PUBLIC PROTECTION
6 15 For protecting the health and safety of the public through
6 16 establishing standards and enforcing regulations, and for not
6 17 more than the following full=time equivalent positions:
6 18 .................................................. $ 3,161,013
6 19 ............................................... FTEs 128.00
6 20 a. Of the funds appropriated in this subsection, $643,500
6 21 shall be credited to the emergency medical services fund
6 22 created in section 135.25. Moneys in the emergency medical
6 23 services fund are appropriated to the department to be used
6 24 for the purposes of the fund.
6 25 b. Of the funds appropriated in this subsection, $23,810
6 26 shall be used for the office of the state medical examiner.
6 27 c. Of the funds appropriated in this subsection, $150,000
6 28 shall be used for management of the antiviral stockpile.
6 29 d. Of the funds appropriated in this subsection, $262,500
6 30 shall be used for sexual violence prevention programming
6 31 through a statewide organization representing programs serving
6 32 victims of sexual violence through the department's sexual
6 33 violence prevention program. The amount allocated in this
6 34 paragraph "d" shall not be used to supplant funding
6 35 administered for other sexual violence prevention or victims
7 1 assistance programs.
7 2 e. Of the funds appropriated in this subsection, $200,000
7 3 shall be used for start=up costs to implement licensing of
7 4 plumbers and mechanical professionals in accordance with 2007
7 5 Iowa Acts, chapter 198.
7 6 f. The department may incur expenses for start=up costs to
7 7 implement licensing of plumbers and mechanical professionals
7 8 in accordance with 2007 Iowa Acts, chapter 198, provided the
7 9 amounts expended are covered by the close of the fiscal year
7 10 through the repayment receipts from license fees.
7 11 9. RESOURCE MANAGEMENT
7 12 For establishing and sustaining the overall ability of the
7 13 department to deliver services to the public, and for not more
7 14 than the following full=time equivalent positions:
7 15 .................................................. $ 1,205,933
7 16 ............................................... FTEs 10.00
7 17 Of the funds appropriated in this subsection, $150,150
7 18 shall be used for administration of tobacco=related programs.
7 19 The university of Iowa hospitals and clinics under the
7 20 control of the state board of regents shall not receive
7 21 indirect costs from the funds appropriated in this section.
7 22 The university of Iowa hospitals and clinics billings to the
7 23 department shall be on at least a quarterly basis.
7 24 Sec. 3. GAMBLING TREATMENT FUND == APPROPRIATION.
7 25 1. In lieu of the appropriation made in section 135.150,
7 26 subsection 1, there is appropriated from funds available in
7 27 the gambling treatment fund created in section 135.150 to the
7 28 department of public health for the fiscal year beginning July
7 29 1, 2008, and ending June 30, 2009, the following amount, or so
7 30 much thereof as is necessary, to be used for the purposes
7 31 designated:
7 32 To be utilized for the benefit of persons with addictive
7 33 disorders:
7 34 .................................................. $ 1,690,000
7 35 It is the intent of the general assembly that from the
8 1 moneys appropriated in this subsection persons with a dual
8 2 diagnosis of substance abuse and gambling addictions shall be
8 3 given priority in treatment services. The amount appropriated
8 4 in this subsection includes moneys credited to the fund in
8 5 previous fiscal years.
8 6 2. In addition to the appropriation made in subsection 1,
8 7 there is appropriated from funds available in the gambling
8 8 treatment fund created in section 135.150 to the department of
8 9 public health for the fiscal year beginning July 1, 2008, and
8 10 ending June 30, 2009, the following amount, or so much thereof
8 11 as is necessary, to be used for the purposes designated:
8 12 To be utilized for the benefit of substance abuse treatment
8 13 for persons with addictions:
8 14 .................................................. $ 525,000
8 15 The amount appropriated in this subsection is one=time
8 16 funding from moneys remaining in the gambling treatment fund
8 17 from the carryforward of appropriations made for addictive
8 18 disorders in previous fiscal years.
8 19 3. The amount remaining in the gambling treatment fund
8 20 after the appropriations are made in subsections 1 and 2, is
8 21 appropriated to the department to be used for funding of
8 22 administrative costs and to provide programs which may include
8 23 but are not limited to outpatient and follow=up treatment for
8 24 persons affected by problem gambling, rehabilitation and
8 25 residential treatment programs, information and referral
8 26 services, education and preventive services, and financial
8 27 management services. Of the amount appropriated in this
8 28 subsection, up to $100,000 may be used for the licensing of
8 29 gambling treatment programs as provided in section 135.150.
8 30 4. Notwithstanding any provision to the contrary, to
8 31 standardize the availability, delivery, cost of delivery, and
8 32 accountability of gambling and substance abuse treatment
8 33 services statewide, the department shall implement a process
8 34 to create a system for delivery of the treatment services. To
8 35 ensure the system provides a continuum of treatment services
9 1 that best meets the needs of Iowans, the gambling and
9 2 substance abuse treatment services in an area may be provided
9 3 either by a single agency or by separate agencies submitting a
9 4 joint proposal. The process shall be completed by July 1,
9 5 2010.
9 6 a. The process shall include the establishment of joint
9 7 licensure for gambling and substance abuse treatment programs
9 8 that includes one set of standards, one licensure survey,
9 9 comprehensive technical assistance, and appropriately
9 10 credentialed counselors to support the following goals:
9 11 (1) Gambling and substance abuse treatment services are
9 12 available to Iowans statewide.
9 13 (2) To the greatest extent possible, outcome measures are
9 14 uniform statewide for both gambling and substance abuse
9 15 treatment services and include but are not limited to
9 16 prevalence indicators, service delivery areas, financial
9 17 accountability, and longitudinal clinical outcomes.
9 18 (3) The costs to deliver gambling and substance abuse
9 19 treatment services in the system are based upon best practices
9 20 and are uniform statewide.
9 21 b. From the amounts appropriated in this section and from
9 22 other funding sources available for gambling and substance
9 23 abuse treatment, the department may allocate up to $100,000
9 24 for administrative costs to develop and implement the process
9 25 in accordance with this subsection.
9 26 DEPARTMENT OF VETERANS AFFAIRS
9 27 Sec. 4. DEPARTMENT OF VETERANS AFFAIRS. There is
9 28 appropriated from the general fund of the state to the
9 29 department of veterans affairs for the fiscal year beginning
9 30 July 1, 2008, and ending June 30, 2009, the following amounts,
9 31 or so much thereof as is necessary, to be used for the
9 32 purposes designated:
9 33 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
9 34 For salaries, support, maintenance, and miscellaneous
9 35 purposes, including the war orphans educational assistance
10 1 fund created in section 35.8, and for not more than the
10 2 following full=time equivalent positions:
10 3 .................................................. $ 1,163,457
10 4 ............................................... FTEs 17.20
10 5 Of the amount appropriated in this subsection, $50,000 is
10 6 allocated for continuation of the veterans counseling program
10 7 established pursuant to section 35.12.
10 8 2. IOWA VETERANS HOME
10 9 For salaries, support, maintenance, and miscellaneous
10 10 purposes, and for not more than the following full=time
10 11 equivalent positions:
10 12 .................................................. $ 12,694,154
10 13 ............................................... FTEs 951.95
10 14 The Iowa veterans home billings involving the department of
10 15 human services shall be submitted to the department on at
10 16 least a monthly basis.
10 17 If there is a change in the employer of employees providing
10 18 services at the Iowa veterans home under a collective
10 19 bargaining agreement, such employees and the agreement shall
10 20 be continued by the successor employer as though there had not
10 21 been a change in employer.
10 22 3. COUNTY GRANT PROGRAM FOR VETERANS
10 23 For providing grants to counties to provide services to
10 24 living veterans:
10 25 .................................................. $ 600,000
10 26 The department shall establish or continue a grant
10 27 application process and shall require each county applying for
10 28 a grant to submit a plan for utilizing the grant for providing
10 29 services for living veterans. The maximum grant to be awarded
10 30 to a county shall be $10,000. Each county receiving a grant
10 31 shall submit a report to the department identifying the impact
10 32 of the grant on providing services to veterans as specified by
10 33 the department. The department shall submit a report to the
10 34 general assembly by October 1, 2008, concerning the impact of
10 35 the grant program on services to veterans.
11 1 Notwithstanding section 8.33, moneys appropriated in this
11 2 subsection that remain unencumbered or unobligated at the
11 3 close of the fiscal year shall not revert to the fund from
11 4 which appropriated but shall be credited to the veterans trust
11 5 fund.
11 6 4. STATE EDUCATIONAL ASSISTANCE == CHILDREN OF DECEASED
11 7 VETERANS
11 8 For provision of educational assistance pursuant to section
11 9 35.9:
11 10 .................................................. $ 27,000
11 11 HUMAN SERVICES
11 12 Sec. 5. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
11 13 GRANT. There is appropriated from the fund created in section
11 14 8.41 to the department of human services for the fiscal year
11 15 beginning July 1, 2008, and ending June 30, 2009, from moneys
11 16 received under the federal temporary assistance for needy
11 17 families (TANF) block grant pursuant to the federal Personal
11 18 Responsibility and Work Opportunity Reconciliation Act of
11 19 1996, Pub. L. No. 104=193, and successor legislation, which
11 20 are federally appropriated for the federal fiscal years
11 21 beginning October 1, 2007, and ending September 30, 2008, and
11 22 beginning October 1, 2008, and ending September 30, 2009, the
11 23 following amounts, or so much thereof as is necessary, to be
11 24 used for the purposes designated:
11 25 1. To be credited to the family investment program account
11 26 and used for assistance under the family investment program
11 27 under chapter 239B:
11 28 .................................................. $ 26,101,513
11 29 2. To be credited to the family investment program account
11 30 and used for the job opportunities and basic skills (JOBS)
11 31 program and implementing family investment agreements in
11 32 accordance with chapter 239B:
11 33 .................................................. $ 13,334,528
11 34 Notwithstanding section 8.33, not more than 5 percent of
11 35 the moneys designated in this subsection that are allocated by
12 1 the department for contracted services, other than family
12 2 self=sufficiency grant services allocated under this
12 3 subsection, that remain unencumbered or unobligated at the
12 4 close of the fiscal year shall not revert but shall remain
12 5 available for expenditure for the purposes designated until
12 6 the close of the succeeding fiscal year. However, unless such
12 7 moneys are encumbered or obligated on or before September 30,
12 8 2009, the moneys shall revert.
12 9 3. To be used for the family development and
12 10 self=sufficiency grant program in accordance with 2008 Iowa
12 11 Acts, House File 2328:
12 12 .................................................. $ 2,998,675
12 13 Notwithstanding section 8.33, moneys appropriated in this
12 14 subsection that remain unencumbered or unobligated at the close
12 15 of the fiscal year shall not revert but shall remain available
12 16 for expenditure for the purposes designated until the close of
12 17 the succeeding fiscal year. However, unless such moneys are
12 18 encumbered or obligated on or before September 30, 2009, the
12 19 moneys shall revert.
12 20 4. For field operations:
12 21 .................................................. $ 18,507,495
12 22 Of the funds appropriated in this subsection, $800,000 is
12 23 allocated for additional income maintenance workers and social
12 24 workers.
12 25 It is the intent of the general assembly that the
12 26 department work with Indian tribes providing services under
12 27 the federal Temporary Assistance for Needy Families block
12 28 grant to Indians who reside in Iowa but live outside the
12 29 reservation to establish a formula for providing match funding
12 30 for the expenditures made by the tribes for such services.
12 31 The department shall provide recommendations regarding
12 32 implementation of the formula beginning in FY 2009=2010 to the
12 33 governor and the persons designated by this Act to receive
12 34 reports. For the purposes of this paragraph, "Indian",
12 35 "reservation", and "Indian tribe" mean the same as defined in
13 1 section 232B.3.
13 2 5. For general administration:
13 3 .................................................. $ 3,744,000
13 4 6. For local administrative costs:
13 5 .................................................. $ 2,189,830
13 6 7. For state child care assistance:
13 7 .................................................. $ 27,886,177
13 8 a. Of the funds appropriated in this subsection,
13 9 $18,986,177 shall be transferred to the child care and
13 10 development block grant appropriation made in 2008 Iowa Acts,
13 11 Senate File 2286, if enacted, for the federal fiscal year
13 12 beginning October 1, 2008, and ending September 30, 2009. Of
13 13 this amount, $200,000 shall be used for provision of
13 14 educational opportunities to registered child care home
13 15 providers in order to improve services and programs offered by
13 16 this category of providers and to increase the number of
13 17 providers. The department may contract with institutions of
13 18 higher education or child care resource and referral centers
13 19 to provide the educational opportunities. Allowable
13 20 administrative costs under the contracts shall not exceed 5
13 21 percent. The application for a grant shall not exceed two
13 22 pages in length.
13 23 b. Any funds appropriated in this subsection remaining
13 24 unallocated shall be used for state child care assistance
13 25 payments for individuals enrolled in the family investment
13 26 program who are employed.
13 27 8. For mental health and developmental disabilities
13 28 community services:
13 29 .................................................. $ 4,894,052
13 30 9. For child and family services:
13 31 .................................................. $ 32,084,430
13 32 10. For child abuse prevention grants:
13 33 .................................................. $ 250,000
13 34 11. For pregnancy prevention grants on the condition that
13 35 family planning services are funded:
14 1 .................................................. $ 1,930,067
14 2 Pregnancy prevention grants shall be awarded to programs in
14 3 existence on or before July 1, 2008, if the programs are
14 4 comprehensive in scope and have demonstrated positive
14 5 outcomes. Grants shall be awarded to pregnancy prevention
14 6 programs which are developed after July 1, 2008, if the
14 7 programs are comprehensive in scope and are based on existing
14 8 models that have demonstrated positive outcomes. Grants shall
14 9 comply with the requirements provided in 1997 Iowa Acts,
14 10 chapter 208, section 14, subsections 1 and 2, including the
14 11 requirement that grant programs must emphasize sexual
14 12 abstinence. Priority in the awarding of grants shall be given
14 13 to programs that serve areas of the state which demonstrate
14 14 the highest percentage of unplanned pregnancies of females of
14 15 childbearing age within the geographic area to be served by
14 16 the grant.
14 17 12. For technology needs and other resources necessary to
14 18 meet federal welfare reform reporting, tracking, and case
14 19 management requirements:
14 20 .................................................. $ 1,037,186
14 21 13. For the healthy opportunities for parents to
14 22 experience success (HOPES) program administered by the
14 23 department of public health to target child abuse prevention:
14 24 .................................................. $ 200,000
14 25 14. To be credited to the state child care assistance
14 26 appropriation made in this section to be used for funding of
14 27 community=based early childhood programs targeted to children
14 28 from birth through five years of age developed by community
14 29 empowerment areas as provided in section 28.9:
14 30 .................................................. $ 7,350,000
14 31 The department shall transfer TANF block grant funding
14 32 appropriated and allocated in this subsection to the child
14 33 care and development block grant appropriation in accordance
14 34 with federal law as necessary to comply with the provisions of
14 35 this subsection.
15 1 15. For a pilot program established in one or more
15 2 judicial districts, selected by the department and the
15 3 judicial council, to provide employment and support services
15 4 to delinquent child support obligors as an alternative to
15 5 commitment to jail as punishment for contempt of court:
15 6 .................................................. $ 200,000
15 7 Of the amounts appropriated in this section, $12,962,008
15 8 for the fiscal year beginning July 1, 2008, shall be
15 9 transferred to the appropriation of the federal social
15 10 services block grant for that fiscal year.
15 11 The department may transfer funds allocated in this section
15 12 to the appropriations in this Act for general administration
15 13 and field operations for resources necessary to implement and
15 14 operate the services referred to in this section and those
15 15 funded in the appropriation made in this division of this Act
15 16 for the family investment program from the general fund of the
15 17 state.
15 18 Sec. 6. FAMILY INVESTMENT PROGRAM ACCOUNT.
15 19 1. Moneys credited to the family investment program (FIP)
15 20 account for the fiscal year beginning July 1, 2008, and ending
15 21 June 30, 2009, shall be used to provide assistance in
15 22 accordance with chapter 239B.
15 23 2. The department may use a portion of the moneys credited
15 24 to the FIP account under this section as necessary for
15 25 salaries, support, maintenance, and miscellaneous purposes.
15 26 3. The department may transfer funds allocated in this
15 27 section to the appropriations in this Act for general
15 28 administration and field operations for resources necessary to
15 29 implement and operate the services referred to in this section
15 30 and those funded in the appropriation made in this division of
15 31 this Act for the family investment program from the general
15 32 fund of the state.
15 33 4. Moneys appropriated in this division of this Act and
15 34 credited to the FIP account for the fiscal year beginning July
15 35 1, 2008, and ending June 30, 2009, are allocated as follows:
16 1 a. To be retained by the department of human services to
16 2 be used for coordinating with the department of human rights
16 3 to more effectively serve participants in the FIP program and
16 4 other shared clients and to meet federal reporting
16 5 requirements under the federal temporary assistance for needy
16 6 families block grant:
16 7 .................................................. $ 20,000
16 8 b. To the department of human rights for staffing,
16 9 administration, and implementation of the family development
16 10 and self=sufficiency grant program in accordance with 2008
16 11 Iowa Acts, House File 2328:
16 12 .................................................. $ 5,563,042
16 13 (1) Of the funds allocated for the family development and
16 14 self=sufficiency grant program in this lettered paragraph, not
16 15 more than 5 percent of the funds shall be used for the
16 16 administration of the grant program.
16 17 (2) The department of human rights may continue to
16 18 implement the family development and self=sufficiency grant
16 19 program statewide during fiscal year 2008=2009.
16 20 c. For the diversion subaccount of the FIP account:
16 21 .................................................. $ 2,814,000
16 22 (1) A portion of the moneys allocated for the subaccount
16 23 may be used for field operations salaries, data management
16 24 system development, and implementation costs and support
16 25 deemed necessary by the director of human services in order to
16 26 administer the FIP diversion program.
16 27 (2) Of the funds allocated in this lettered paragraph, not
16 28 more than $250,000 shall be used to develop or continue
16 29 community=level parental obligation pilot projects. The
16 30 requirements established under 2001 Iowa Acts, chapter 191,
16 31 section 3, subsection 5, paragraph "c", subparagraph (3),
16 32 shall remain applicable to the parental obligation pilot
16 33 projects for fiscal year 2008=2009. Notwithstanding 441 IAC
16 34 100.8, providing for termination of rules relating to the
16 35 pilot projects the earlier of October 1, 2006, or when
17 1 legislative authority is discontinued, the rules relating to
17 2 the pilot projects shall remain in effect until June 30, 2009.
17 3 d. For the food stamp employment and training program:
17 4 .................................................. $ 68,059
17 5 The department shall amend the food stamp employment and
17 6 training state plan in order to maximize to the fullest extent
17 7 permitted by federal law the use of the fifty=fifty match
17 8 provisions for the claiming of allowable federal matching funds
17 9 from the United States department of agriculture pursuant to
17 10 the federal food stamp employment and training program for
17 11 providing education, employment, and training services for
17 12 eligible food assistance program participants, including but
17 13 not limited to related dependent care and transportation
17 14 expenses.
17 15 e. For the JOBS program:
17 16 .................................................. $ 22,310,116
17 17 5. Of the child support collections assigned under FIP, an
17 18 amount equal to the federal share of support collections shall
17 19 be credited to the child support recovery appropriation. Of
17 20 the remainder of the assigned child support collections
17 21 received by the child support recovery unit, a portion shall
17 22 be credited to the FIP account, a portion may be used to
17 23 increase recoveries, and a portion may be used to sustain cash
17 24 flow in the child support payments account. If as a result
17 25 the appropriations allocated in this section are insufficient
17 26 to sustain cash assistance payments and meet federal
17 27 maintenance of effort requirements, the department shall seek
17 28 supplemental funding. If child support collections assigned
17 29 under FIP are greater than estimated or are otherwise
17 30 determined not to be required for maintenance of effort, the
17 31 state share of either amount may be transferred to or retained
17 32 in the child support payment account.
17 33 6. The department may adopt emergency rules for the family
17 34 investment, JOBS, family development and self=sufficiency
17 35 grant, food stamp, and medical assistance programs if
18 1 necessary to comply with federal requirements.
18 2 Sec. 7. FAMILY INVESTMENT PROGRAM GENERAL FUND. There is
18 3 appropriated from the general fund of the state to the
18 4 department of human services for the fiscal year beginning
18 5 July 1, 2008, and ending June 30, 2009, the following amount,
18 6 or so much thereof as is necessary, to be used for the purpose
18 7 designated:
18 8 To be credited to the family investment program (FIP)
18 9 account and used for family investment program assistance
18 10 under chapter 239B:
18 11 .................................................. $ 42,675,127
18 12 1. Of the funds appropriated in this section, $8,975,588
18 13 is allocated for the JOBS program.
18 14 2. Of the funds appropriated in this section, $2,584,367
18 15 is allocated for the family development and self=sufficiency
18 16 grant program.
18 17 3. a. Of the funds appropriated in this section, $250,000
18 18 shall be used for a grant to an Iowa=based nonprofit
18 19 organization with a history of providing tax preparation
18 20 assistance to low=income Iowans in order to expand the usage
18 21 of the earned income tax credit. The purpose of the grant is
18 22 to supply this assistance to underserved areas of the state.
18 23 The grant shall be provided to an organization that has
18 24 existing national foundation support for supplying such
18 25 assistance that can also secure local charitable match
18 26 funding.
18 27 b. The general assembly supports efforts by the
18 28 organization receiving funding under this subsection to create
18 29 a statewide earned income tax credit and asset=building
18 30 coalition to achieve both of the following purposes:
18 31 (1) Expanding the usage of the tax credit through new and
18 32 enhanced outreach and marketing strategies, as well as
18 33 identifying new local sites and human and financial resources.
18 34 (2) Assessing and recommending various strategies for
18 35 Iowans to develop assets through savings, individual
19 1 development accounts, financial literacy, antipredatory
19 2 lending initiatives, informed home ownership, use of various
19 3 forms of support for work, and microenterprise business
19 4 development targeted to persons who are self=employed or have
19 5 fewer than five employees.
19 6 4. Notwithstanding section 8.39, for the fiscal year
19 7 beginning July 1, 2008, if necessary to meet federal
19 8 maintenance of effort requirements or to transfer federal
19 9 temporary assistance for needy families block grant funding to
19 10 be used for purposes of the federal social services block
19 11 grant or to meet cash flow needs resulting from delays in
19 12 receiving federal funding or to implement, in accordance with
19 13 this division of this Act, activities currently funded with
19 14 juvenile court services, county, or community moneys and state
19 15 moneys used in combination with such moneys, the department of
19 16 human services may transfer funds within or between any of the
19 17 appropriations made in this division of this Act and
19 18 appropriations in law for the federal social services block
19 19 grant to the department for the following purposes, provided
19 20 that the combined amount of state and federal temporary
19 21 assistance for needy families block grant funding for each
19 22 appropriation remains the same before and after the transfer:
19 23 a. For the family investment program.
19 24 b. For child care assistance.
19 25 c. For child and family services.
19 26 d. For field operations.
19 27 e. For general administration.
19 28 f. MH/MR/DD/BI community services (local purchase).
19 29 This subsection shall not be construed to prohibit the use
19 30 of existing state transfer authority for other purposes. The
19 31 department shall report any transfers made pursuant to this
19 32 subsection to the legislative services agency.
19 33 Sec. 8. CHILD SUPPORT RECOVERY. There is appropriated
19 34 from the general fund of the state to the department of human
19 35 services for the fiscal year beginning July 1, 2008, and
20 1 ending June 30, 2009, the following amount, or so much thereof
20 2 as is necessary, to be used for the purposes designated:
20 3 For child support recovery, including salaries, support,
20 4 maintenance, and miscellaneous purposes, and for not more than
20 5 the following full=time equivalent positions:
20 6 .................................................. $ 14,951,757
20 7 ............................................... FTEs 515.00
20 8 1. The department shall expend up to $31,000, including
20 9 federal financial participation, for the fiscal year beginning
20 10 July 1, 2008, for a child support public awareness campaign.
20 11 The department and the office of the attorney general shall
20 12 cooperate in continuation of the campaign. The public
20 13 awareness campaign shall emphasize, through a variety of media
20 14 activities, the importance of maximum involvement of both
20 15 parents in the lives of their children as well as the
20 16 importance of payment of child support obligations.
20 17 2. Federal access and visitation grant moneys shall be
20 18 issued directly to private not=for=profit agencies that
20 19 provide services designed to increase compliance with the
20 20 child access provisions of court orders, including but not
20 21 limited to neutral visitation sites and mediation services.
20 22 3. The appropriation made to the department for child
20 23 support recovery may be used throughout the fiscal year in the
20 24 manner necessary for purposes of cash flow management, and for
20 25 cash flow management purposes the department may temporarily
20 26 draw more than the amount appropriated, provided the amount
20 27 appropriated is not exceeded at the close of the fiscal year.
20 28 Sec. 9. MEDICAL ASSISTANCE. There is appropriated from
20 29 the general fund of the state to the department of human
20 30 services for the fiscal year beginning July 1, 2008, and
20 31 ending June 30, 2009, the following amount, or so much thereof
20 32 as is necessary, to be used for the purpose designated:
20 33 For medical assistance reimbursement and associated costs
20 34 as specifically provided in the reimbursement methodologies in
20 35 effect on June 30, 2008, except as otherwise expressly
21 1 authorized by law, including reimbursement for abortion
21 2 services which shall be available under the medical assistance
21 3 program only for those abortions which are medically
21 4 necessary:
21 5 .................................................. $649,629,269
21 6 1. Medically necessary abortions are those performed under
21 7 any of the following conditions:
21 8 a. The attending physician certifies that continuing the
21 9 pregnancy would endanger the life of the pregnant woman.
21 10 b. The attending physician certifies that the fetus is
21 11 physically deformed, mentally deficient, or afflicted with a
21 12 congenital illness.
21 13 c. The pregnancy is the result of a rape which is reported
21 14 within 45 days of the incident to a law enforcement agency or
21 15 public or private health agency which may include a family
21 16 physician.
21 17 d. The pregnancy is the result of incest which is reported
21 18 within 150 days of the incident to a law enforcement agency or
21 19 public or private health agency which may include a family
21 20 physician.
21 21 e. Any spontaneous abortion, commonly known as a
21 22 miscarriage, if not all of the products of conception are
21 23 expelled.
21 24 2. The department shall utilize not more than $60,000 of
21 25 the funds appropriated in this section to continue the
21 26 AIDS/HIV health insurance premium payment program as
21 27 established in 1992 Iowa Acts, Second Extraordinary Session,
21 28 chapter 1001, section 409, subsection 6. Of the funds
21 29 allocated in this subsection, not more than $5,000 may be
21 30 expended for administrative purposes.
21 31 3. Of the funds appropriated in this Act to the department
21 32 of public health for addictive disorders, $950,000 for the
21 33 fiscal year beginning July 1, 2008, shall be transferred to
21 34 the department of human services for an integrated substance
21 35 abuse managed care system. The department shall not assume
22 1 management of the substance abuse system in place of the
22 2 managed care contractor unless such a change in approach is
22 3 specifically authorized in law. The departments of human
22 4 services and public health shall work together to maintain the
22 5 level of mental health and substance abuse services provided
22 6 by the managed care contractor through the Iowa plan for
22 7 behavioral health. Each department shall take the steps
22 8 necessary to continue the federal waivers as necessary to
22 9 maintain the level of services.
22 10 4. a. The department shall aggressively pursue options
22 11 for providing medical assistance or other assistance to
22 12 individuals with special needs who become ineligible to
22 13 continue receiving services under the early and periodic
22 14 screening, diagnosis, and treatment program under the medical
22 15 assistance program due to becoming 21 years of age who have
22 16 been approved for additional assistance through the
22 17 department's exception to policy provisions, but who have
22 18 health care needs in excess of the funding available through
22 19 the exception to policy provisions.
22 20 b. Of the funds appropriated in this section, $100,000
22 21 shall be used for participation in one or more pilot projects
22 22 operated by a private provider to allow the individual or
22 23 individuals to receive service in the community in accordance
22 24 with principles established in Olmstead v. L.C., 527 U.S. 581
22 25 (1999), for the purpose of providing medical assistance or
22 26 other assistance to individuals with special needs who become
22 27 ineligible to continue receiving services under the early and
22 28 periodic screening, diagnosis, and treatment program under the
22 29 medical assistance program due to becoming 21 years of age who
22 30 have been approved for additional assistance through the
22 31 department's exception to policy provisions, but who have
22 32 health care needs in excess of the funding available through
22 33 the exception to the policy provisions.
22 34 5. Of the funds appropriated in this section, up to
22 35 $3,050,082 may be transferred to the field operations or
23 1 general administration appropriations in this Act for
23 2 operational costs associated with Part D of the federal
23 3 Medicare Prescription Drug, Improvement, and Modernization Act
23 4 of 2003, Pub. L. No. 108=173.
23 5 6. In addition to any other funds appropriated in this
23 6 Act, of the funds appropriated in this section, $250,000 shall
23 7 be used for the grant to the Iowa healthcare collaborative as
23 8 defined in section 135.40.
23 9 7. Of the funds appropriated in this section, not more
23 10 than $166,600 shall be used to enhance outreach efforts. The
23 11 department may transfer funds allocated in this subsection to
23 12 the appropriations in this division of this Act for general
23 13 administration, the state children's health insurance program,
23 14 or medical contracts, as necessary, to implement the outreach
23 15 efforts.
23 16 8. Of the funds appropriated in this section, up to
23 17 $442,100 may be transferred to the appropriation in this Act
23 18 for medical contracts to be used for clinical assessment
23 19 services related to remedial services in accordance with
23 20 federal law.
23 21 9. Of the funds appropriated in this section, $1,143,522
23 22 may be used for the demonstration to maintain independence and
23 23 employment (DMIE) if the waiver for DMIE is approved by the
23 24 centers for Medicare and Medicaid services of the United
23 25 States department of health and human services. Additionally,
23 26 if the waiver is approved, $440,000 of the funds shall be
23 27 transferred to the department of corrections for DMIE
23 28 activities.
23 29 10. The drug utilization review commission shall monitor
23 30 the smoking cessation benefit provided under the medical
23 31 assistance program and shall provide a report of utilization,
23 32 client success, cost=effectiveness, and recommendations for
23 33 any changes in the benefit to the persons designated in this
23 34 Act to receive reports by January 15, 2009. If a prescriber
23 35 determines that all smoking cessation aids on the preferred
24 1 drug list are not effective or medically appropriate for a
24 2 patient, the prescriber may apply for an exception to policy
24 3 for another product approved by the United States food and
24 4 drug administration for smoking cessation pursuant to 441 IAC
24 5 1.8(1).
24 6 11. A portion of the funds appropriated in this section
24 7 may be transferred to the appropriations in this division of
24 8 this Act for general administration, medical contracts, the
24 9 state children's health insurance program, or field operations
24 10 to be used for the state match cost to comply with the payment
24 11 error rate measurement (PERM) program for both the medical
24 12 assistance and state children's health insurance programs as
24 13 developed by the centers for Medicare and Medicaid services of
24 14 the United States department of health and human services to
24 15 comply with the federal Improper Payments Information Act of
24 16 2002, Pub. L. No. 107=300.
24 17 12. It is the intent of the general assembly that the
24 18 department implement the recommendations of the assuring
24 19 better child health and development initiative II (ABCDII)
24 20 clinical panel to the Iowa early and periodic screening,
24 21 diagnostic, and treatment services healthy mental development
24 22 collaborative board regarding changes to billing procedures,
24 23 codes, and eligible service providers.
24 24 13. Of the funds appropriated in this section, a
24 25 sufficient amount is allocated to supplement the incomes of
24 26 residents of nursing facilities, intermediate care facilities
24 27 for persons with mental illness, and intermediate care
24 28 facilities for persons with mental retardation, with incomes
24 29 of less than $50 in the amount necessary for the residents to
24 30 receive a personal needs allowance of $50 per month pursuant
24 31 to section 249A.30A.
24 32 14. Of the funds appropriated in this section, the
24 33 following amounts shall be transferred to appropriations made
24 34 in this division of this Act to the state mental health
24 35 institutes:
25 1 a. Cherokee mental health institute .......... $ 5,933,659
25 2 b. Clarinda mental health institute .......... $ 1,289,526
25 3 c. Independence mental health institute ...... $ 5,899,400
25 4 d. Mount Pleasant mental health institute .... $ 3,751,626
25 5 15. a. Of the funds appropriated in this section,
25 6 $2,753,055 is allocated for state match for disproportionate
25 7 share hospital payment of $7,321,954 to hospitals that meet
25 8 both of the following conditions:
25 9 (1) The hospital qualifies for disproportionate share and
25 10 graduate medical education payments.
25 11 (2) The hospital is an Iowa state=owned hospital with more
25 12 than 500 beds and eight or more distinct residency specialty
25 13 or subspecialty programs recognized by the American college of
25 14 graduate medical education.
25 15 b. Distribution of the disproportionate share payment
25 16 shall be made on a monthly basis. The total amount of
25 17 disproportionate share payments including graduate medical
25 18 education, enhanced disproportionate share, and Iowa
25 19 state=owned teaching hospital payments shall not exceed the
25 20 amount of the state's allotment under Pub. L. No. 102=234. In
25 21 addition, the total amount of all disproportionate share
25 22 payments shall not exceed the hospital=specific
25 23 disproportionate share limits under Pub. L. No. 103=66.
25 24 16. Of the funds appropriated in this section, $4,568,899
25 25 is transferred to the IowaCare account created in section
25 26 249J.24.
25 27 17. Of the funds appropriated in this section, $250,000
25 28 shall be used for the Iowa chronic care consortium pursuant to
25 29 2003 Iowa Acts, chapter 112, section 12, as amended by 2003
25 30 Iowa Acts, chapter 179, sections 166 and 167.
25 31 18. The department shall implement cost=saving initiatives
25 32 including implementing a surcharge for claims filed on paper
25 33 when electronic filing is available and collecting a
25 34 supplemental rebate for diabetic supplies.
25 35 19. One hundred percent of the nonfederal share of
26 1 payments to area education agencies that are medical
26 2 assistance providers for medical assistance=covered services
26 3 provided to medical assistance=covered children, shall be made
26 4 from the appropriation made in this section.
26 5 20. a. Beginning July 1, 2009, any new or renewed
26 6 contract entered into by the department with a third party to
26 7 administer behavioral health services under the medical
26 8 assistance program shall provide that any interest earned on
26 9 payments from the state during the state fiscal year shall be
26 10 remitted to the department for deposit in a separate account
26 11 after the end of the fiscal year.
26 12 b. Beginning July 1, 2008, the department shall maintain a
26 13 separate account within the medical assistance budget for the
26 14 deposit of all funds remitted pursuant to a contract with a
26 15 third party to administer behavioral health services under the
26 16 medical assistance program. Notwithstanding section 8.33,
26 17 funds remaining in the account that remain unencumbered or
26 18 unobligated at the end of any fiscal year shall not revert but
26 19 shall remain available in succeeding fiscal years and shall be
26 20 used only in accordance with appropriations from the account
26 21 for health and human services=related purposes.
26 22 c. Of the state share of any funds remitted to the medical
26 23 assistance program pursuant to a contract with a third party
26 24 to administer behavioral health services under the medical
26 25 assistance program, the following amounts are appropriated to
26 26 the department for the fiscal year beginning July 1, 2008, and
26 27 ending June 30, 2009, to be used as follows:
26 28 (1) For implementation of the emergency mental health
26 29 crisis services system in accordance with section 225C.19, as
26 30 enacted by this Act, beginning January 1, 2009, $1,500,000.
26 31 (2) For implementation of the mental health services
26 32 system for children and youth in accordance with section
26 33 225C.52, as enacted by this Act, beginning January 1, 2009,
26 34 $500,000.
26 35 (3) For the mental health, mental retardation, and
27 1 developmental disabilities risk pool created in the property
27 2 tax relief fund in section 426B.5, $1,000,000.
27 3 (4) To reduce the waiting lists of the medical assistance
27 4 home and community=based services waivers, $2,000,000. The
27 5 department shall distribute the funding allocated under this
27 6 subparagraph proportionately among all home and
27 7 community=based services waivers.
27 8 (5) For Medicaid services provided under the children's
27 9 mental health waiver, $750,000.
27 10 (6) For training for child welfare services providers,
27 11 $250,000. The training shall be developed by the department
27 12 in collaboration with the coalition for children and family
27 13 services in Iowa.
27 14 d. The department shall provide the results of the audits
27 15 of the third party administering behavioral health services
27 16 under the medical assistance program for the fiscal years
27 17 beginning July 1, 2006, and July 1, 2007, to the legislative
27 18 services agency for review.
27 19 21. Of the funds appropriated in this section, at least
27 20 $2,500,000 shall be used for existing and new home and
27 21 community=based waiver slots for persons with brain injury.
27 22 22. Of the funds appropriated in this section, $250,000
27 23 shall be used to implement the provisions in 2007 Iowa Acts,
27 24 chapter 218, section 124, as amended by the Eighty=second
27 25 General Assembly, 2008 Session, relating to eligibility for
27 26 certain persons with disabilities under the medical assistance
27 27 program.
27 28 23. The department of human services shall conduct a
27 29 review of the impact of broadening the list of drugs
27 30 prescribed for the treatment of diabetes on the preferred drug
27 31 list under the medical assistance program in order to promote
27 32 drugs that are appropriate and therapeutically effective for
27 33 persons with diabetes. The review shall include, at a
27 34 minimum, a comparison of the effectiveness of drugs prescribed
27 35 for the treatment of diabetes and a cost analysis. The
28 1 department shall report its findings and recommendations to
28 2 the individuals specified in this Act to receive reports by
28 3 December 15, 2008.
28 4 24. The department of human services shall conduct a
28 5 review of the medical assistance home and community=based
28 6 services waivers, including but not limited to the upper limit
28 7 of reimbursement for each waiver and the services provided
28 8 under each waiver, and shall make recommendations to the
28 9 individuals specified in this Act to receive reports by
28 10 December 15, 2008, regarding revising the upper limits of
28 11 reimbursement and services provided.
28 12 Sec. 10. HEALTH INSURANCE PREMIUM PAYMENT PROGRAM. There
28 13 is appropriated from the general fund of the state to the
28 14 department of human services for the fiscal year beginning
28 15 July 1, 2008, and ending June 30, 2009, the following amount,
28 16 or so much thereof as is necessary, to be used for the purpose
28 17 designated:
28 18 For administration of the health insurance premium payment
28 19 program, including salaries, support, maintenance, and
28 20 miscellaneous purposes, and for not more than the following
28 21 full=time equivalent positions:
28 22 .................................................. $ 566,338
28 23 ............................................... FTEs 21.00
28 24 Sec. 11. MEDICAL CONTRACTS. There is appropriated from
28 25 the general fund of the state to the department of human
28 26 services for the fiscal year beginning July 1, 2008, and
28 27 ending June 30, 2009, the following amount, or so much thereof
28 28 as is necessary, to be used for the purpose designated:
28 29 For medical contracts, including salaries, support,
28 30 maintenance, and miscellaneous purposes, and for not more than
28 31 the following full=time equivalent positions:
28 32 .................................................. $ 14,165,550
28 33 ............................................... FTEs 6.00
28 34 1. Of the funds appropriated in this section, $50,000
28 35 shall be used for electronic cross=matching with state vital
29 1 records databases through the department of public health.
29 2 2. Of the funds appropriated in this section, $250,000
29 3 shall be used for monitoring of home and community=based
29 4 services waivers.
29 5 Sec. 12. STATE SUPPLEMENTARY ASSISTANCE.
29 6 1. There is appropriated from the general fund of the
29 7 state to the department of human services for the fiscal year
29 8 beginning July 1, 2008, and ending June 30, 2009, the
29 9 following amount, or so much thereof as is necessary, to be
29 10 used for the purpose designated:
29 11 For the state supplementary assistance program:
29 12 .................................................. $ 18,611,385
29 13 2. The department shall increase the personal needs
29 14 allowance for residents of residential care facilities by the
29 15 same percentage and at the same time as federal supplemental
29 16 security income and federal social security benefits are
29 17 increased due to a recognized increase in the cost of living.
29 18 The department may adopt emergency rules to implement this
29 19 subsection.
29 20 3. If during the fiscal year beginning July 1, 2008, the
29 21 department projects that state supplementary assistance
29 22 expenditures for a calendar year will not meet the federal
29 23 pass=through requirement specified in Title XVI of the federal
29 24 Social Security Act, section 1618, as codified in 42 U.S.C. }
29 25 1382g, the department may take actions including but not
29 26 limited to increasing the personal needs allowance for
29 27 residential care facility residents and making programmatic
29 28 adjustments or upward adjustments of the residential care
29 29 facility or in=home health=related care reimbursement rates
29 30 prescribed in this division of this Act to ensure that federal
29 31 requirements are met. In addition, the department may make
29 32 other programmatic and rate adjustments necessary to remain
29 33 within the amount appropriated in this section while ensuring
29 34 compliance with federal requirements. The department may
29 35 adopt emergency rules to implement the provisions of this
30 1 subsection.
30 2 Sec. 13. STATE CHILDREN'S HEALTH INSURANCE PROGRAM.
30 3 1. There is appropriated from the general fund of the
30 4 state to the department of human services for the fiscal year
30 5 beginning July 1, 2008, and ending June 30, 2009, the
30 6 following amount, or so much thereof as is necessary, to be
30 7 used for the purpose designated:
30 8 For maintenance of the healthy and well kids in Iowa (hawk=
30 9 i) program pursuant to chapter 514I for receipt of federal
30 10 financial participation under Title XXI of the federal Social
30 11 Security Act, which creates the state children's health
30 12 insurance program:
30 13 .................................................. $ 13,868,885
30 14 2. If sufficient funding is available under this Act, and
30 15 if federal reauthorization of the state children's health
30 16 insurance program provides sufficient federal allocations to
30 17 the state and authorization to cover the following populations
30 18 as an option under the state children's health insurance
30 19 program, the department may expand coverage under the state
30 20 children's health insurance program as follows:
30 21 a. By eliminating the categorical exclusion of state
30 22 employees from receiving state children's health insurance
30 23 program benefits.
30 24 b. By providing coverage for legal immigrant children and
30 25 pregnant women not eligible under current federal guidelines.
30 26 c. By covering children up to age twenty=one, or up to age
30 27 twenty=three if the child is attending school.
30 28 3. If the United States Congress does not authorize
30 29 additional federal funds necessary to address any shortfall
30 30 for the state children's health insurance program for the
30 31 federal fiscal year beginning October 1, 2008, and ending
30 32 September 30, 2009, the department may use 100 percent of
30 33 state funds from the appropriation made in this section for
30 34 the period beginning July 1, 2008, and ending June 30, 2009,
30 35 and may, after consultation with the governor and the general
31 1 assembly, utilize funding from the appropriations made in this
31 2 Act for medical assistance to maintain the state children's
31 3 health insurance program. If deemed necessary, the department
31 4 shall request a supplemental appropriation from the
31 5 Eighty=third General Assembly, 2009 Session, to address any
31 6 remaining shortfall for the fiscal year beginning July 1,
31 7 2008.
31 8 4. Of the funds appropriated in this section, $134,050 is
31 9 allocated for continuation of the contract for advertising and
31 10 outreach with the department of public health and $90,050 is
31 11 allocated for other advertising and outreach.
31 12 Sec. 14. CHILD CARE ASSISTANCE. There is appropriated
31 13 from the general fund of the state to the department of human
31 14 services for the fiscal year beginning July 1, 2008, and
31 15 ending June 30, 2009, the following amount, or so much thereof
31 16 as is necessary, to be used for the purpose designated:
31 17 For child care programs:
31 18 .................................................. $ 41,345,381
31 19 1. Of the funds appropriated in this section, $37,589,569
31 20 shall be used for state child care assistance in accordance
31 21 with section 237A.13.
31 22 2. Nothing in this section shall be construed or is
31 23 intended as or shall imply a grant of entitlement for services
31 24 to persons who are eligible for assistance due to an income
31 25 level consistent with the waiting list requirements of section
31 26 237A.13. Any state obligation to provide services pursuant to
31 27 this section is limited to the extent of the funds
31 28 appropriated in this section.
31 29 3. Of the funds appropriated in this section, $525,524 is
31 30 allocated for the statewide program for child care resource
31 31 and referral services under section 237A.26. A list of the
31 32 registered and licensed child care facilities operating in the
31 33 area served by a child care resource and referral service
31 34 shall be made available to the families receiving state child
31 35 care assistance in that area.
32 1 4. Of the funds appropriated in this section, $1,680,288
32 2 is allocated for child care quality improvement initiatives
32 3 including but not limited to the voluntary quality rating
32 4 system in accordance with section 237A.30.
32 5 5. The department may use any of the funds appropriated in
32 6 this section as a match to obtain federal funds for use in
32 7 expanding child care assistance and related programs. For the
32 8 purpose of expenditures of state and federal child care
32 9 funding, funds shall be considered obligated at the time
32 10 expenditures are projected or are allocated to the
32 11 department's service areas. Projections shall be based on
32 12 current and projected caseload growth, current and projected
32 13 provider rates, staffing requirements for eligibility
32 14 determination and management of program requirements including
32 15 data systems management, staffing requirements for
32 16 administration of the program, contractual and grant
32 17 obligations and any transfers to other state agencies, and
32 18 obligations for decategorization or innovation projects.
32 19 6. A portion of the state match for the federal child care
32 20 and development block grant shall be provided as necessary to
32 21 meet federal matching funds requirements through the state
32 22 general fund appropriation made for child development grants
32 23 and other programs for at=risk children in section 279.51.
32 24 7. Of the funds appropriated in this section, $1,200,000
32 25 is transferred to the Iowa empowerment fund from which it is
32 26 appropriated to be used for professional development for the
32 27 system of early care, health, and education.
32 28 8. Of the funds appropriated in this section, $350,000
32 29 shall be allocated to a county with a population of more than
32 30 300,000 to be used for a one=time grant to support child care
32 31 center services provided to children with mental, physical, or
32 32 emotional challenges in order for the children to remain in a
32 33 home or family setting.
32 34 9. Notwithstanding section 8.33, moneys appropriated in
32 35 this section or received from the federal appropriations made
33 1 for the purposes of this section that remain unencumbered or
33 2 unobligated at the close of the fiscal year shall not revert
33 3 to any fund but shall remain available for expenditure for the
33 4 purposes designated until the close of the succeeding fiscal
33 5 year.
33 6 Sec. 15. JUVENILE INSTITUTIONS. There is appropriated
33 7 from the general fund of the state to the department of human
33 8 services for the fiscal year beginning July 1, 2008, and
33 9 ending June 30, 2009, the following amounts, or so much
33 10 thereof as is necessary, to be used for the purposes
33 11 designated:
33 12 1. For operation of the Iowa juvenile home at Toledo and
33 13 for salaries, support, and maintenance, and for not more than
33 14 the following full=time equivalent positions:
33 15 .................................................. $ 7,579,484
33 16 ............................................... FTEs 126.00
33 17 2. For operation of the state training school at Eldora
33 18 and for salaries, support, and maintenance, and for not more
33 19 than the following full=time equivalent positions:
33 20 .................................................. $ 11,948,327
33 21 ............................................... FTEs 202.70
33 22 3. A portion of the moneys appropriated in this section
33 23 shall be used by the state training school and by the Iowa
33 24 juvenile home for grants for adolescent pregnancy prevention
33 25 activities at the institutions in the fiscal year beginning
33 26 July 1, 2008.
33 27 Sec. 16. CHILD AND FAMILY SERVICES.
33 28 1. There is appropriated from the general fund of the
33 29 state to the department of human services for the fiscal year
33 30 beginning July 1, 2008, and ending June 30, 2009, the
33 31 following amount, or so much thereof as is necessary, to be
33 32 used for the purpose designated:
33 33 For child and family services:
33 34 .................................................. $ 89,326,628
33 35 2. In order to address a reduction of $5,200,000 from the
34 1 amount allocated under the appropriation made for the purposes
34 2 of this section in prior years for purposes of juvenile
34 3 delinquent graduated sanction services, up to $5,200,000 of
34 4 the amount of federal temporary assistance for needy families
34 5 block grant funding appropriated in this division of this Act
34 6 for child and family services shall be made available for
34 7 purposes of juvenile delinquent graduated sanction services.
34 8 3. The department may transfer funds appropriated in this
34 9 section as necessary to pay the nonfederal costs of services
34 10 reimbursed under the medical assistance program, state child
34 11 care assistance program, or the family investment program
34 12 which are provided to children who would otherwise receive
34 13 services paid under the appropriation in this section. The
34 14 department may transfer funds appropriated in this section to
34 15 the appropriations in this division of this Act for general
34 16 administration and for field operations for resources
34 17 necessary to implement and operate the services funded in this
34 18 section.
34 19 4. a. Of the funds appropriated in this section, up to
34 20 $35,841,744 is allocated as the statewide expenditure target
34 21 under section 232.143 for group foster care maintenance and
34 22 services.
34 23 b. If at any time after September 30, 2008, annualization
34 24 of a service area's current expenditures indicates a service
34 25 area is at risk of exceeding its group foster care expenditure
34 26 target under section 232.143 by more than 5 percent, the
34 27 department and juvenile court services shall examine all group
34 28 foster care placements in that service area in order to
34 29 identify those which might be appropriate for termination. In
34 30 addition, any aftercare services believed to be needed for the
34 31 children whose placements may be terminated shall be
34 32 identified. The department and juvenile court services shall
34 33 initiate action to set dispositional review hearings for the
34 34 placements identified. In such a dispositional review
34 35 hearing, the juvenile court shall determine whether needed
35 1 aftercare services are available and whether termination of
35 2 the placement is in the best interest of the child and the
35 3 community.
35 4 5. In accordance with the provisions of section 232.188,
35 5 the department shall continue the child welfare and juvenile
35 6 justice funding initiative during fiscal year 2008=2009. Of
35 7 the moneys subject to the nonreversion clause provided in the
35 8 amendment in this Act to 2006 Iowa Acts, chapter 1184, section
35 9 17, subsection 4, $3,605,000 is allocated specifically for
35 10 expenditure for fiscal year 2008=2009 through the
35 11 decategorization service funding pools and governance boards
35 12 established pursuant to section 232.188.
35 13 6. A portion of the funds appropriated in this section may
35 14 be used for emergency family assistance to provide other
35 15 resources required for a family participating in a family
35 16 preservation or reunification project or successor project to
35 17 stay together or to be reunified.
35 18 7. Notwithstanding section 234.35 or any other provision
35 19 of law to the contrary, state funding for shelter care shall
35 20 be limited to $7,072,215. The department shall work with the
35 21 coalition for children and family services in Iowa and other
35 22 representatives of shelter care providers to reduce the number
35 23 of guaranteed shelter beds and shift a portion of available
35 24 funding to develop new or expand existing child welfare
35 25 emergency services for children who might otherwise be served
35 26 in shelter care. The child welfare emergency services shall
35 27 be provided by shelter care agencies that currently have a
35 28 contract for shelter care services with the department and may
35 29 include mobile crisis response units for child and family
35 30 crises, in=home supervision services, emergency family foster
35 31 care homes, expanding capacity to provide emergency services
35 32 in other family foster care homes, or provide flexible funding
35 33 for child welfare emergency services based on evidence=based
35 34 practices. Notwithstanding chapter 8A, the department may
35 35 amend existing contracts with shelter care agencies as
36 1 necessary to include child welfare emergency services.
36 2 8. Federal funds received by the state during the fiscal
36 3 year beginning July 1, 2008, as the result of the expenditure
36 4 of state funds appropriated during a previous state fiscal
36 5 year for a service or activity funded under this section are
36 6 appropriated to the department to be used as additional
36 7 funding for services and purposes provided for under this
36 8 section. Notwithstanding section 8.33, moneys received in
36 9 accordance with this subsection that remain unencumbered or
36 10 unobligated at the close of the fiscal year shall not revert
36 11 to any fund but shall remain available for the purposes
36 12 designated until the close of the succeeding fiscal year.
36 13 9. Of the funds appropriated in this section, at least
36 14 $3,696,285 shall be used for protective child care assistance.
36 15 10. a. Of the funds appropriated in this section, up to
36 16 $2,268,963 is allocated for the payment of the expenses of
36 17 court=ordered services provided to juveniles who are under the
36 18 supervision of juvenile court services, which expenses are a
36 19 charge upon the state pursuant to section 232.141, subsection
36 20 4. Of the amount allocated in this lettered paragraph, up to
36 21 $1,556,287 shall be made available to provide school=based
36 22 supervision of children adjudicated under chapter 232, of
36 23 which not more than $15,000 may be used for the purpose of
36 24 training. A portion of the cost of each school=based liaison
36 25 officer shall be paid by the school district or other funding
36 26 source as approved by the chief juvenile court officer.
36 27 b. Of the funds appropriated in this section, up to
36 28 $823,965 is allocated for the payment of the expenses of
36 29 court=ordered services provided to children who are under the
36 30 supervision of the department, which expenses are a charge
36 31 upon the state pursuant to section 232.141, subsection 4.
36 32 c. Notwithstanding section 232.141 or any other provision
36 33 of law to the contrary, the amounts allocated in this
36 34 subsection shall be distributed to the judicial districts as
36 35 determined by the state court administrator and to the
37 1 department's service areas as determined by the administrator
37 2 of the department's division of child and family services.
37 3 The state court administrator and the division administrator
37 4 shall make the determination of the distribution amounts on or
37 5 before June 15, 2008.
37 6 d. Notwithstanding chapter 232 or any other provision of
37 7 law to the contrary, a district or juvenile court shall not
37 8 order any service which is a charge upon the state pursuant to
37 9 section 232.141 if there are insufficient court=ordered
37 10 services funds available in the district court or departmental
37 11 service area distribution amounts to pay for the service. The
37 12 chief juvenile court officer and the departmental service area
37 13 manager shall encourage use of the funds allocated in this
37 14 subsection such that there are sufficient funds to pay for all
37 15 court=related services during the entire year. The chief
37 16 juvenile court officers and departmental service area managers
37 17 shall attempt to anticipate potential surpluses and shortfalls
37 18 in the distribution amounts and shall cooperatively request
37 19 the state court administrator or division administrator to
37 20 transfer funds between the judicial districts' or departmental
37 21 service areas' distribution amounts as prudent.
37 22 e. Notwithstanding any provision of law to the contrary, a
37 23 district or juvenile court shall not order a county to pay for
37 24 any service provided to a juvenile pursuant to an order
37 25 entered under chapter 232 which is a charge upon the state
37 26 under section 232.141, subsection 4.
37 27 f. Of the funds allocated in this subsection, not more
37 28 than $100,000 may be used by the judicial branch for
37 29 administration of the requirements under this subsection.
37 30 11. Of the funds appropriated in this section, $1,030,000
37 31 shall be transferred to the department of public health to be
37 32 used for the child protection center grant program in
37 33 accordance with section 135.118.
37 34 12. If the department receives federal approval to
37 35 implement a waiver under Title IV=E of the federal Social
38 1 Security Act to enable providers to serve children who remain
38 2 in the children's families and communities, for purposes of
38 3 eligibility under the medical assistance program children who
38 4 participate in the waiver shall be considered to be placed in
38 5 foster care.
38 6 13. Of the funds appropriated in this section, $2,862,164
38 7 is allocated for the preparation for adult living program
38 8 pursuant to section 234.46.
38 9 14. Of the funds appropriated in this section, $1,030,000
38 10 shall be used for juvenile drug courts. The amount allocated
38 11 in this subsection shall be distributed as follows:
38 12 a. To the judicial branch for salaries to assist with the
38 13 operation of juvenile drug court programs operated in the
38 14 following jurisdictions:
38 15 (1) Marshall county:
38 16 .................................................. $ 61,800
38 17 (2) Woodbury county:
38 18 .................................................. $ 123,862
38 19 (3) Polk county:
38 20 .................................................. $ 193,057
38 21 (4) The third judicial district:
38 22 .................................................. $ 66,950
38 23 (5) The eighth judicial district:
38 24 .................................................. $ 66,950
38 25 b. For court=ordered services to support substance abuse
38 26 services provided to the juveniles participating in the
38 27 juvenile drug court programs listed in paragraph "a" and the
38 28 juveniles' families:
38 29 .................................................. $ 517,381
38 30 The state court administrator shall allocate the funding
38 31 designated in this paragraph among the programs.
38 32 15. Of the funds appropriated in this section, $203,000 is
38 33 allocated for continuation of the contracts for the
38 34 multidimensional treatment level foster care program
38 35 established pursuant to 2006 Iowa Acts, chapter 1123, for a
39 1 third year.
39 2 16. Of the funds appropriated in this section, $236,900
39 3 shall be used for a grant to a nonprofit human services
39 4 organization providing services to individuals and families in
39 5 multiple locations in southwest Iowa and Nebraska for support
39 6 of a project providing immediate, sensitive support and
39 7 forensic interviews, medical exams, needs assessments, and
39 8 referrals for victims of child abuse and their nonoffending
39 9 family members.
39 10 17. Of the funds appropriated in this section, $131,000 is
39 11 allocated for the elevate approach of providing a support
39 12 network to children placed in foster care.
39 13 18. Of the funds appropriated in this section, $300,000 is
39 14 allocated for sibling visitation provisions for children
39 15 subject to a court order for out=of=home placement in
39 16 accordance with section 232.108.
39 17 19. Of the funds appropriated in this section, $200,000 is
39 18 allocated for use pursuant to section 235A.1 for the
39 19 initiative to address child sexual abuse implemented pursuant
39 20 to 2007 Iowa Acts, ch. 218, section 18, subsection 21.
39 21 20. Of the funds appropriated in this section, $80,000 is
39 22 allocated for renewal of a grant to a county with a population
39 23 between 189,000 and 196,000 in the latest preceding certified
39 24 federal census for implementation of the county's runaway
39 25 treatment plan under section 232.195.
39 26 21. Of the funds appropriated in this section, $418,000 is
39 27 allocated for the community partnership for child protection
39 28 sites.
39 29 22. Of the funds appropriated in this section, $375,000 is
39 30 allocated for the department's minority youth and family
39 31 projects under the redesign of the child welfare system.
39 32 23. Of the funds appropriated in this section, $300,000 is
39 33 allocated for funding of the state match for the federal
39 34 substance abuse and mental health services administration
39 35 (SAMHSA) system of care grant.
40 1 24. The department shall develop options for providing a
40 2 growth mechanism for reimbursement of the child and family
40 3 services traditionally funded under this appropriation. The
40 4 growth mechanism options may provide for a tie to allowable
40 5 growth for school aid, an inflationary adjustment reflective
40 6 of the cost increases for the services, or other reasonable
40 7 proxy for the cost increases affecting such service providers.
40 8 25. Of the funds appropriated in this section, $152,440
40 9 shall be used for continuation of the funding of one or more
40 10 child welfare diversion and mediation pilot projects as
40 11 provided in 2004 Iowa Acts, chapter 1130, section 1.
40 12 26. The department shall review the processes for drug
40 13 testing of persons responsible for the care of a child in
40 14 child abuse cases to evaluate the effectiveness of the
40 15 testing, whether it is applied in the same manner in all
40 16 service areas, identify how the funding designated for drug
40 17 testing is utilized, and address other issues associated with
40 18 the testing. The department shall report on or before
40 19 December 1, 2008, concerning the review to the persons
40 20 designated by this Act to receive reports.
40 21 27. Of the funds appropriated in this section, $100,000
40 22 shall be used for a grant to support a satellite project
40 23 associated with a child protection center in a county with a
40 24 population between 189,000 and 196,000 to be operated in a
40 25 hospital in a county in northeast Iowa with a population
40 26 between 120,000 and 135,000. The pilot project shall provide
40 27 immediate, sensitive support and forensic interviews, medical
40 28 exams, needs assessments, and referrals for victims of child
40 29 abuse and the victims' nonoffender family members. Population
40 30 numbers used in this subsection are from the latest preceding
40 31 certified federal census.
40 32 Sec. 17. ADOPTION SUBSIDY.
40 33 1. There is appropriated from the general fund of the
40 34 state to the department of human services for the fiscal year
40 35 beginning July 1, 2008, and ending June 30, 2009, the
41 1 following amount, or so much thereof as is necessary, to be
41 2 used for the purpose designated:
41 3 For adoption subsidy payments and services:
41 4 .................................................. $ 34,168,872
41 5 2. The department may transfer funds appropriated in this
41 6 section to the appropriation made in this Act for general
41 7 administration for costs paid from the appropriation relating
41 8 to adoption subsidy.
41 9 3. Federal funds received by the state during the fiscal
41 10 year beginning July 1, 2008, as the result of the expenditure
41 11 of state funds during a previous state fiscal year for a
41 12 service or activity funded under this section are appropriated
41 13 to the department to be used as additional funding for the
41 14 services and activities funded under this section.
41 15 Notwithstanding section 8.33, moneys received in accordance
41 16 with this subsection that remain unencumbered or unobligated
41 17 at the close of the fiscal year shall not revert to any fund
41 18 but shall remain available for expenditure for the purposes
41 19 designated until the close of the succeeding fiscal year.
41 20 Sec. 18. JUVENILE DETENTION HOME FUND. Moneys deposited
41 21 in the juvenile detention home fund created in section 232.142
41 22 during the fiscal year beginning July 1, 2008, and ending June
41 23 30, 2009, are appropriated to the department of human services
41 24 for the fiscal year beginning July 1, 2008, and ending June
41 25 30, 2009, for distribution of an amount equal to a percentage
41 26 of the costs of the establishment, improvement, operation, and
41 27 maintenance of county or multicounty juvenile detention homes
41 28 in the fiscal year beginning July 1, 2007. Moneys
41 29 appropriated for distribution in accordance with this section
41 30 shall be allocated among eligible detention homes, prorated on
41 31 the basis of an eligible detention home's proportion of the
41 32 costs of all eligible detention homes in the fiscal year
41 33 beginning July 1, 2007. The percentage figure shall be
41 34 determined by the department based on the amount available for
41 35 distribution for the fund. Notwithstanding section 232.142,
42 1 subsection 3, the financial aid payable by the state under
42 2 that provision for the fiscal year beginning July 1, 2008,
42 3 shall be limited to the amount appropriated for the purposes
42 4 of this section.
42 5 Sec. 19. FAMILY SUPPORT SUBSIDY PROGRAM.
42 6 1. There is appropriated from the general fund of the
42 7 state to the department of human services for the fiscal year
42 8 beginning July 1, 2008, and ending June 30, 2009, the
42 9 following amount, or so much thereof as is necessary, to be
42 10 used for the purpose designated:
42 11 For the family support subsidy program:
42 12 .................................................. $ 1,936,434
42 13 2. The department shall use at least $433,212 of the
42 14 moneys appropriated in this section for the family support
42 15 center component of the comprehensive family support program
42 16 under section 225C.47. Not more than $20,000 of the amount
42 17 allocated in this subsection shall be used for administrative
42 18 costs.
42 19 Sec. 20. CONNER DECREE. There is appropriated from the
42 20 general fund of the state to the department of human services
42 21 for the fiscal year beginning July 1, 2008, and ending June
42 22 30, 2009, the following amount, or so much thereof as is
42 23 necessary, to be used for the purpose designated:
42 24 For building community capacity through the coordination
42 25 and provision of training opportunities in accordance with the
42 26 consent decree of Conner v. Branstad, No. 4=86=CV=30871(S.D.
42 27 Iowa, July 14, 1994):
42 28 .................................................. $ 42,623
42 29 Sec. 21. MENTAL HEALTH INSTITUTES. There is appropriated
42 30 from the general fund of the state to the department of human
42 31 services for the fiscal year beginning July 1, 2008, and
42 32 ending June 30, 2009, the following amounts, or so much
42 33 thereof as is necessary, to be used for the purposes
42 34 designated:
42 35 1. For the state mental health institute at Cherokee for
43 1 salaries, support, maintenance, and miscellaneous purposes,
43 2 and for not more than the following full=time equivalent
43 3 positions:
43 4 .................................................. $ 5,727,743
43 5 ............................................... FTEs 210.00
43 6 2. For the state mental health institute at Clarinda for
43 7 salaries, support, maintenance, and miscellaneous purposes,
43 8 and for not more than the following full=time equivalent
43 9 positions:
43 10 .................................................. $ 7,323,073
43 11 ............................................... FTEs 114.95
43 12 Of the funds appropriated in this section, $300,000 shall
43 13 be used to establish and operate an Alzheimer's patient mobile
43 14 consultation and assessment program.
43 15 3. For the state mental health institute at Independence
43 16 for salaries, support, maintenance, and miscellaneous
43 17 purposes, and for not more than the following full=time
43 18 equivalent positions:
43 19 .................................................. $ 10,495,879
43 20 ............................................... FTEs 287.66
43 21 4. For the state mental health institute at Mount Pleasant
43 22 for salaries, support, maintenance, and miscellaneous
43 23 purposes, and for not more than the following full=time
43 24 equivalent positions:
43 25 .................................................. $ 1,874,721
43 26 ............................................... FTEs 116.44
43 27 Sec. 22. STATE RESOURCE CENTERS.
43 28 1. There is appropriated from the general fund of the
43 29 state to the department of human services for the fiscal year
43 30 beginning July 1, 2008, and ending June 30, 2009, the
43 31 following amounts, or so much thereof as is necessary, to be
43 32 used for the purposes designated:
43 33 a. For the state resource center at Glenwood for salaries,
43 34 support, maintenance, and miscellaneous purposes:
43 35 .................................................. $ 17,102,330
44 1 b. For the state resource center at Woodward for salaries,
44 2 support, maintenance, and miscellaneous purposes:
44 3 .................................................. $ 11,266,164
44 4 2. The department may continue to bill for state resource
44 5 center services utilizing a scope of services approach used
44 6 for private providers of ICFMR services, in a manner which
44 7 does not shift costs between the medical assistance program,
44 8 counties, or other sources of funding for the state resource
44 9 centers.
44 10 3. The state resource centers may expand the time=limited
44 11 assessment and respite services during the fiscal year.
44 12 4. If the department's administration and the department
44 13 of management concur with a finding by a state resource
44 14 center's superintendent that projected revenues can reasonably
44 15 be expected to pay the salary and support costs for a new
44 16 employee position, or that such costs for adding a particular
44 17 number of new positions for the fiscal year would be less than
44 18 the overtime costs if new positions would not be added, the
44 19 superintendent may add the new position or positions. If the
44 20 vacant positions available to a resource center do not include
44 21 the position classification desired to be filled, the state
44 22 resource center's superintendent may reclassify any vacant
44 23 position as necessary to fill the desired position. The
44 24 superintendents of the state resource centers may, by mutual
44 25 agreement, pool vacant positions and position classifications
44 26 during the course of the fiscal year in order to assist one
44 27 another in filling necessary positions.
44 28 5. If existing capacity limitations are reached in
44 29 operating units, a waiting list is in effect for a service or
44 30 a special need for which a payment source or other funding is
44 31 available for the service or to address the special need, and
44 32 facilities for the service or to address the special need can
44 33 be provided within the available payment source or other
44 34 funding, the superintendent of a state resource center may
44 35 authorize opening not more than two units or other facilities
45 1 and begin implementing the service or addressing the special
45 2 need during fiscal year 2008=2009.
45 3 Sec. 23. MI/MR/DD STATE CASES.
45 4 1. There is appropriated from the general fund of the
45 5 state to the department of human services for the fiscal year
45 6 beginning July 1, 2008, and ending June 30, 2009, the
45 7 following amount, or so much thereof as is necessary, to be
45 8 used for the purpose designated:
45 9 For distribution to counties for state case services for
45 10 persons with mental illness, mental retardation, and
45 11 developmental disabilities in accordance with section 331.440:
45 12 .................................................. $ 13,067,178
45 13 2. For the fiscal year beginning July 1, 2008, and ending
45 14 June 30, 2009, $200,000 is allocated for state case services
45 15 from the amounts appropriated from the fund created in section
45 16 8.41 to the department of human services from the funds
45 17 received from the federal government under 42 U.S.C., ch. 6A,
45 18 subch. XVII, relating to the community mental health center
45 19 block grant, for the federal fiscal years beginning October 1,
45 20 2006, and ending September 30, 2007, beginning October 1,
45 21 2007, and ending September 30, 2008, and beginning October 1,
45 22 2008, and ending September 30, 2009. The allocation made in
45 23 this subsection shall be made prior to any other distribution
45 24 allocation of the appropriated federal funds.
45 25 3. Notwithstanding section 8.33, moneys appropriated in
45 26 this section that remain unencumbered or unobligated at the
45 27 close of the fiscal year shall not revert but shall remain
45 28 available for expenditure for the purposes designated until
45 29 the close of the succeeding fiscal year.
45 30 Sec. 24. MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES ==
45 31 COMMUNITY SERVICES FUND. There is appropriated from the
45 32 general fund of the state to the mental health and
45 33 developmental disabilities community services fund created in
45 34 section 225C.7 for the fiscal year beginning July 1, 2008, and
45 35 ending June 30, 2009, the following amount, or so much thereof
46 1 as is necessary, to be used for the purpose designated:
46 2 For mental health and developmental disabilities community
46 3 services in accordance with this division of this Act:
46 4 ................................................. $ 18,017,890
46 5 1. Of the funds appropriated in this section, $17,727,890
46 6 shall be allocated to counties for funding of community=based
46 7 mental health and developmental disabilities services. The
46 8 moneys shall be allocated to a county as follows:
46 9 a. Fifty percent based upon the county's proportion of the
46 10 state's population of persons with an annual income which is
46 11 equal to or less than the poverty guideline established by the
46 12 federal office of management and budget.
46 13 b. Fifty percent based upon the county's proportion of the
46 14 state's general population.
46 15 2. a. A county shall utilize the funding the county
46 16 receives pursuant to subsection 1 for services provided to
46 17 persons with a disability, as defined in section 225C.2.
46 18 However, no more than 50 percent of the funding shall be used
46 19 for services provided to any one of the service populations.
46 20 b. A county shall use at least 50 percent of the funding
46 21 the county receives under subsection 1 for contemporary
46 22 services provided to persons with a disability, as described
46 23 in rules adopted by the department.
46 24 3. Of the funds appropriated in this section, $30,000
46 25 shall be used to support the Iowa compass program providing
46 26 computerized information and referral services for Iowans with
46 27 disabilities and their families.
46 28 4. a. Funding appropriated for purposes of the federal
46 29 social services block grant is allocated for distribution to
46 30 counties for local purchase of services for persons with
46 31 mental illness or mental retardation or other developmental
46 32 disability.
46 33 b. The funds allocated in this subsection shall be
46 34 expended by counties in accordance with the county's approved
46 35 county management plan. A county without an approved county
47 1 management plan shall not receive allocated funds until the
47 2 county's management plan is approved.
47 3 c. The funds provided by this subsection shall be
47 4 allocated to each county as follows:
47 5 (1) Fifty percent based upon the county's proportion of
47 6 the state's population of persons with an annual income which
47 7 is equal to or less than the poverty guideline established by
47 8 the federal office of management and budget.
47 9 (2) Fifty percent based upon the amount provided to the
47 10 county for local purchase of services in the preceding fiscal
47 11 year.
47 12 5. A county is eligible for funds under this section if
47 13 the county qualifies for a state payment as described in
47 14 section 331.439.
47 15 6. Of the funds appropriated in this section, $260,000
47 16 shall be used for a grant to a statewide association of
47 17 counties for development and implementation of the community
47 18 services network to replace the county management information
47 19 system.
47 20 7. The most recent population estimates issued by the
47 21 United States bureau of the census shall be applied for the
47 22 population factors utilized in this section.
47 23 Sec. 25. SEXUALLY VIOLENT PREDATORS.
47 24 1. There is appropriated from the general fund of the
47 25 state to the department of human services for the fiscal year
47 26 beginning July 1, 2008, and ending June 30, 2009, the
47 27 following amount, or so much thereof as is necessary, to be
47 28 used for the purpose designated:
47 29 For costs associated with the commitment and treatment of
47 30 sexually violent predators in the unit located at the state
47 31 mental health institute at Cherokee, including costs of legal
47 32 services and other associated costs, including salaries,
47 33 support, maintenance, and miscellaneous purposes, and for not
47 34 more than the following full=time equivalent positions:
47 35 .................................................. $ 6,720,268
48 1 ............................................... FTEs 94.50
48 2 2. Unless specifically prohibited by law, if the amount
48 3 charged provides for recoupment of at least the entire amount
48 4 of direct and indirect costs, the department of human services
48 5 may contract with other states to provide care and treatment
48 6 of persons placed by the other states at the unit for sexually
48 7 violent predators at Cherokee. The moneys received under such
48 8 a contract shall be considered to be repayment receipts and
48 9 used for the purposes of the appropriation made in this
48 10 section.
48 11 Sec. 26. FIELD OPERATIONS. There is appropriated from the
48 12 general fund of the state to the department of human services
48 13 for the fiscal year beginning July 1, 2008, and ending June
48 14 30, 2009, the following amount, or so much thereof as is
48 15 necessary, to be used for the purposes designated:
48 16 For field operations, including salaries, support,
48 17 maintenance, and miscellaneous purposes, and for not more than
48 18 the following full=time equivalent positions:
48 19 .................................................. $ 67,852,732
48 20 ............................................... FTEs 2,130.68
48 21 Priority in filling full=time equivalent positions shall be
48 22 given to those positions related to child protection services
48 23 and eligibility determination for low=income families.
48 24 Sec. 27. GENERAL ADMINISTRATION. There is appropriated
48 25 from the general fund of the state to the department of human
48 26 services for the fiscal year beginning July 1, 2008, and
48 27 ending June 30, 2009, the following amount, or so much thereof
48 28 as is necessary, to be used for the purpose designated:
48 29 For general administration, including salaries, support,
48 30 maintenance, and miscellaneous purposes, and for not more than
48 31 the following full=time equivalent positions:
48 32 .................................................. $ 16,682,067
48 33 ............................................... FTEs 407.50
48 34 1. Of the funds appropriated in this section, $57,000 is
48 35 allocated for the prevention of disabilities policy council
49 1 established in section 225B.3.
49 2 2. The department shall report at least monthly to the
49 3 legislative services agency concerning the department's
49 4 operational and program expenditures.
49 5 Sec. 28. VOLUNTEERS. There is appropriated from the
49 6 general fund of the state to the department of human services
49 7 for the fiscal year beginning July 1, 2008, and ending June
49 8 30, 2009, the following amount, or so much thereof as is
49 9 necessary, to be used for the purpose designated:
49 10 For development and coordination of volunteer services:
49 11 .................................................. $ 109,568
49 12 Sec. 29. FAMILY PLANNING SERVICES. There is appropriated
49 13 from the general fund of the state to the department of human
49 14 services for the fiscal year beginning July 1, 2008, and
49 15 ending June 30, 2009, the following amount or so much thereof
49 16 as is necessary, to be used for the purpose designated:
49 17 For family planning services to individuals with incomes
49 18 not to exceed two hundred percent of the federal poverty level
49 19 as defined by the most recently revised income guidelines
49 20 published by the United States department of health and human
49 21 services, who are not currently receiving the specific benefit
49 22 under the medical assistance program:
49 23 .................................................. $ 750,000
49 24 Moneys appropriated under this section shall not be used to
49 25 provide abortions. The department shall work with appropriate
49 26 stakeholders to implement and administer the program.
49 27 Sec. 30. PREGNANCY COUNSELING AND SUPPORT SERVICES PROGRAM
49 28 == APPROPRIATION. There is appropriated from the general fund
49 29 of the state to the department of human services for the
49 30 fiscal year beginning July 1, 2008, and ending June 30, 2009,
49 31 the following amount or so much thereof as is necessary for
49 32 the purpose designated:
49 33 For a pregnancy counseling and support services program as
49 34 specified in this section:
49 35 .................................................. $ 200,000
50 1 The department of human services shall establish a
50 2 pregnancy counseling and support services program to provide
50 3 core services consisting of information, education,
50 4 counseling, and support services to women who experience
50 5 unplanned pregnancies by supporting childbirth, assisting
50 6 pregnant women in remaining healthy and maintaining a healthy
50 7 pregnancy while deciding whether to keep the child or place
50 8 the child for adoption, and assisting women after the birth of
50 9 a child. The services provided may include but are not
50 10 limited to: counseling and mentoring; pregnancy, childbirth,
50 11 and parenting classes; fostering of a statewide pregnancy and
50 12 parenting support system; assistance with physical and mental
50 13 well=being of a woman during pregnancy and postdelivery;
50 14 assistance with the physical well=being of the woman during
50 15 pregnancy and the newborn; assistance with food, shelter,
50 16 clothing, health care, child care, and employment; and other
50 17 supportive programs and services. The department shall award
50 18 grants to service providers that have been in existence for at
50 19 least one year prior to the awarding of the grant, are
50 20 qualified and experienced in providing core pregnancy support
50 21 services that support childbirth and parenting support
50 22 services, including qualified Medicaid providers, social
50 23 service agencies, and adoption agencies. Actual provision and
50 24 delivery of services and counseling shall be dependent on
50 25 client needs and not otherwise prioritized by agency or
50 26 agencies administering the program.
50 27 Sec. 31. CIVIL MONETARY PENALTIES == DIRECT CARE WORKERS.
50 28 Of the funds received by the department of human services
50 29 through federal civil monetary penalties from nursing
50 30 facilities, during the fiscal year beginning July 1, 2008, and
50 31 ending June 30, 2009, $70,000 shall be used to provide
50 32 conference scholarships to direct care workers, subject to
50 33 approval by the centers for Medicare and Medicaid services of
50 34 the United States department of health and human services.
50 35 Sec. 32. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
51 1 ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
51 2 DEPARTMENT OF HUMAN SERVICES.
51 3 1. a. (1) For the fiscal year beginning July 1, 2008,
51 4 the total state funding amount for the nursing facility budget
51 5 shall not exceed $183,367,323.
51 6 (2) For the state fiscal year beginning July 1, 2008, the
51 7 patient=day weighted medians used in rate setting for nursing
51 8 facilities shall be recalculated and the rates adjusted to
51 9 provide an increase in nursing facility rates by applying the
51 10 skilled nursing facility market basket inflation factor from
51 11 the mid=point of the cost report to July 1, 2007, plus 1
51 12 percent. Nursing facility rates calculated in accordance with
51 13 this subparagraph shall in no instance exceed the rate
51 14 component limits as defined in 441 IAC 81.6(16).
51 15 (3) The department, in cooperation with nursing facility
51 16 representatives, shall review projections for state funding
51 17 expenditures for reimbursement of nursing facilities on a
51 18 quarterly basis and the department shall determine if an
51 19 adjustment to the medical assistance reimbursement rate is
51 20 necessary in order to provide reimbursement within the state
51 21 funding amount. Any temporary enhanced federal financial
51 22 participation that may become available to the Iowa medical
51 23 assistance program during the fiscal year shall not be used in
51 24 projecting the nursing facility budget. Notwithstanding 2001
51 25 Iowa Acts, chapter 192, section 4, subsection 2, paragraph
51 26 "c", and subsection 3, paragraph "a", subparagraph (2), if the
51 27 state funding expenditures for the nursing facility budget for
51 28 the fiscal year beginning July 1, 2008, are projected to
51 29 exceed the amount specified in subparagraph (1), the
51 30 department shall adjust the reimbursement for nursing
51 31 facilities reimbursed under the case=mix reimbursement system
51 32 to maintain expenditures of the nursing facility budget within
51 33 the specified amount. The department shall revise such
51 34 reimbursement as necessary to adjust the annual accountability
51 35 measures payment in accordance with the amendment in this
52 1 division of this Act to 2001 Iowa Acts, chapter 192, section
52 2 4, subsection 4.
52 3 b. For the fiscal year beginning July 1, 2008, the
52 4 department shall reimburse pharmacy dispensing fees using a
52 5 single rate of $4.57 per prescription or the pharmacy's usual
52 6 and customary fee, whichever is lower.
52 7 c. (1) (a) For the fiscal year beginning July 1, 2008,
52 8 reimbursement rates for inpatient and outpatient hospital
52 9 services shall be increased by 1 percent over the rates in
52 10 effect on June 30, 2008.
52 11 (b) If the centers for Medicare and Medicaid services of
52 12 the United States department of health and human services does
52 13 not approve the increased reimbursement for hospitals provided
52 14 pursuant to subparagraph subdivision (a), of the funds
52 15 appropriated to the department for reimbursement to medical
52 16 assistance providers for the fiscal year beginning July 1,
52 17 2008, $1,700,000 shall be used as nonmedical assistance
52 18 payments to hospitals paid under the prospective payment
52 19 system methodology under the medical assistance program for
52 20 the purposes of addressing health care workforce shortages by
52 21 increasing salaries for registered nurses who are permanent
52 22 employees, eligible for benefits, and who provide direct care
52 23 to patients.
52 24 (c) Hospitals paid under the prospective payment system
52 25 methodology under the medical assistance program shall report
52 26 to the department the total amount of nurse salary increases
52 27 compared to the total amount of the medical assistance payment
52 28 increase for the fiscal year beginning July 1, 2008. Nurse
52 29 salary information shall only include information for
52 30 registered nurses who are permanent employees, eligible for
52 31 benefits, and who provide direct care to patients. Reports
52 32 submitted shall be a public record.
52 33 (d) The department shall continue the outpatient hospital
52 34 reimbursement system based upon ambulatory patient groups
52 35 implemented pursuant to 1994 Iowa Acts, chapter 1186, section
53 1 25, subsection 1, paragraph "f", unless the department adopts
53 2 the Medicare ambulatory payment classification methodology
53 3 authorized in subparagraph (2).
53 4 (2) The department may implement the Medicare ambulatory
53 5 payment classification methodology for reimbursement of
53 6 outpatient hospital services. Any change in hospital
53 7 reimbursement shall be budget neutral.
53 8 (3) In order to ensure the efficient use of limited state
53 9 funds in procuring health care services for low=income Iowans,
53 10 funds appropriated in this Act for hospital services shall not
53 11 be used for activities which would be excluded from a
53 12 determination of reasonable costs under the federal Medicare
53 13 program pursuant to 42 U.S.C. } 1395X(v)(1)(N).
53 14 d. For the fiscal year beginning July 1, 2008,
53 15 reimbursement rates for rural health clinics, hospices,
53 16 independent laboratories, and acute mental hospitals shall be
53 17 increased in accordance with increases under the federal
53 18 Medicare program or as supported by their Medicare audited
53 19 costs.
53 20 e. (1) For the fiscal year beginning July 1, 2008,
53 21 reimbursement rates for home health agencies shall be
53 22 increased by 1 percent over the rates in effect on June 30,
53 23 2008, not to exceed a home health agency's actual allowable
53 24 cost.
53 25 (2) The department shall establish a fixed fee
53 26 reimbursement schedule for home health agencies under the
53 27 medical assistance program beginning July 1, 2009.
53 28 f. For the fiscal year beginning July 1, 2008, federally
53 29 qualified health centers shall receive cost=based
53 30 reimbursement for 100 percent of the reasonable costs for the
53 31 provision of services to recipients of medical assistance.
53 32 g. For the fiscal year beginning July 1, 2008, the
53 33 reimbursement rates for dental services shall be increased by
53 34 1 percent over the rates in effect on June 30, 2008.
53 35 h. For the fiscal year beginning July 1, 2008, the maximum
54 1 reimbursement rate for psychiatric medical institutions for
54 2 children shall be $167.19 per day.
54 3 i. For the fiscal year beginning July 1, 2008, unless
54 4 otherwise specified in this Act, all noninstitutional medical
54 5 assistance provider reimbursement rates shall be increased by
54 6 1 percent over the rates in effect on June 30, 2008, except
54 7 for area education agencies, local education agencies, infant
54 8 and toddler services providers, and those providers whose
54 9 rates are required to be determined pursuant to section
54 10 249A.20.
54 11 j. Notwithstanding any provision to the contrary, for the
54 12 fiscal year beginning July 1, 2008, the reimbursement rate for
54 13 anesthesiologists shall be increased by 1 percent over the
54 14 medical assistance rate for anesthesiologists in effect on
54 15 July 1, 2007.
54 16 k. Notwithstanding section 249A.20, for the fiscal year
54 17 beginning July 1, 2008, the average reimbursement rate for
54 18 health care providers eligible for use of the federal Medicare
54 19 resource=based relative value scale reimbursement methodology
54 20 under that section shall be increased by 1 percent over the
54 21 rate in effect on June 30, 2008; however, this rate shall not
54 22 exceed the maximum level authorized by the federal government.
54 23 l. For the fiscal year beginning July 1, 2008, the
54 24 reimbursement rate for residential care facilities shall not
54 25 be less than the minimum payment level as established by the
54 26 federal government to meet the federally mandated maintenance
54 27 of effort requirement. The flat reimbursement rate for
54 28 facilities electing not to file semiannual cost reports shall
54 29 not be less than the minimum payment level as established by
54 30 the federal government to meet the federally mandated
54 31 maintenance of effort requirement.
54 32 m. For the fiscal year beginning July 1, 2008, inpatient
54 33 mental health services provided at hospitals shall be
54 34 reimbursed at the cost of the services, subject to Medicaid
54 35 program upper payment limit rules; community mental health
55 1 centers and providers of mental health services to county
55 2 residents pursuant to a waiver approved under section 225C.7,
55 3 subsection 3, shall be reimbursed at 100 percent of the
55 4 reasonable costs for the provision of services to recipients
55 5 of medical assistance; and psychiatrists shall be reimbursed
55 6 at the medical assistance program fee for service rate.
55 7 2. For the fiscal year beginning July 1, 2008, the
55 8 reimbursement rate for providers reimbursed under the in=
55 9 home=related care program shall not be less than the minimum
55 10 payment level as established by the federal government to meet
55 11 the federally mandated maintenance of effort requirement.
55 12 3. Unless otherwise directed in this section, when the
55 13 department's reimbursement methodology for any provider
55 14 reimbursed in accordance with this section includes an
55 15 inflation factor, this factor shall not exceed the amount by
55 16 which the consumer price index for all urban consumers
55 17 increased during the calendar year ending December 31, 2002.
55 18 4. For the fiscal year beginning July 1, 2008, the foster
55 19 family basic daily maintenance rate paid in accordance with
55 20 section 234.38, the maximum adoption subsidy rate, and the
55 21 maximum supervised apartment living foster care rate for
55 22 children ages 0 through 5 years shall be $16.36, the rate for
55 23 children ages 6 through 11 years shall be $17.01, the rate for
55 24 children ages 12 through 15 years shall be $18.62, and the
55 25 rate for children ages 16 and older shall be $18.87.
55 26 5. For the fiscal year beginning July 1, 2008, the maximum
55 27 reimbursement rates for social services providers reimbursed
55 28 under a purchase of social services contract shall be
55 29 increased by 1 percent over the rates in effect on June 30,
55 30 2008, or the provider's actual and allowable cost plus
55 31 inflation for each service, whichever is less. However, the
55 32 rates may be adjusted under any of the following
55 33 circumstances:
55 34 a. If a new service was added after June 30, 2008, the
55 35 initial reimbursement rate for the service shall be based upon
56 1 actual and allowable costs.
56 2 b. If a social service provider loses a source of income
56 3 used to determine the reimbursement rate for the provider, the
56 4 provider's reimbursement rate may be adjusted to reflect the
56 5 loss of income, provided that the lost income was used to
56 6 support actual and allowable costs of a service purchased
56 7 under a purchase of service contract.
56 8 6. For the fiscal year beginning July 1, 2008, the
56 9 reimbursement rates for family=centered service providers,
56 10 family foster care service providers, group foster care
56 11 service providers, and the resource family recruitment and
56 12 retention contractor shall be increased by 1 percent over
56 13 rates in effect on June 30, 2008.
56 14 7. The group foster care reimbursement rates paid for
56 15 placement of children out of state shall be calculated
56 16 according to the same rate=setting principles as those used
56 17 for in=state providers, unless the director of human services
56 18 or the director's designee determines that appropriate care
56 19 cannot be provided within the state. The payment of the daily
56 20 rate shall be based on the number of days in the calendar
56 21 month in which service is provided.
56 22 8. For the fiscal year beginning July 1, 2008, remedial
56 23 service providers shall receive cost=based reimbursement for
56 24 100 percent of the reasonable costs plus 1 percent not to
56 25 exceed the established limit for the provision of services to
56 26 recipients of medical assistance.
56 27 9. a. For the fiscal year beginning July 1, 2008, the
56 28 combined service and maintenance components of the
56 29 reimbursement rate paid for shelter care services purchased
56 30 under a contract shall be based on the financial and
56 31 statistical report submitted to the department. The maximum
56 32 reimbursement rate shall be $92.36 per day. The department
56 33 shall reimburse a shelter care provider at the provider's
56 34 actual and allowable unit cost, plus inflation, not to exceed
56 35 the maximum reimbursement rate.
57 1 b. Notwithstanding section 232.141, subsection 8, for the
57 2 fiscal year beginning July 1, 2008, the amount of the
57 3 statewide average of the actual and allowable rates for
57 4 reimbursement of juvenile shelter care homes that is utilized
57 5 for the limitation on recovery of unpaid costs shall be
57 6 increased by $0.91 over the amount in effect for this purpose
57 7 in the preceding fiscal year.
57 8 10. For the fiscal year beginning July 1, 2008, the
57 9 department shall calculate reimbursement rates for
57 10 intermediate care facilities for persons with mental
57 11 retardation at the 80th percentile.
57 12 11. For the fiscal year beginning July 1, 2008, for child
57 13 care providers reimbursed under the state child care
57 14 assistance program, the department shall set provider
57 15 reimbursement rates based on the rate reimbursement survey
57 16 completed in December 2004. Effective October 1, 2008, the
57 17 child care provider reimbursement rates shall be increased by
57 18 2 percent over the rates in effect on September 30, 2008. The
57 19 department shall set rates in a manner so as to provide
57 20 incentives for a nonregistered provider to become registered
57 21 by applying the increase only to registered and licensed
57 22 providers.
57 23 12. For the fiscal year beginning July 1, 2008,
57 24 reimbursements for providers reimbursed by the department of
57 25 human services may be modified if appropriated funding is
57 26 allocated for that purpose from the senior living trust fund
57 27 created in section 249H.4, or as specified in appropriations
57 28 from the healthy Iowans tobacco trust created in section
57 29 12.65.
57 30 13. The department may adopt emergency rules to implement
57 31 this section.
57 32 Sec. 33. 2001 Iowa Acts, chapter 192, section 4,
57 33 subsection 4, is amended to read as follows:
57 34 4. ACCOUNTABILITY MEASURERS MEASUREMENTS == ANNUAL
57 35 ACCOUNTABILITY PAYMENTS.
58 1 a. It is the intent of the general assembly that the
58 2 department of human services initiate a system to measure a
58 3 variety of elements to determine a nursing facility's capacity
58 4 to provide quality of life and appropriate access to medical
58 5 assistance program beneficiaries in a cost=effective manner.
58 6 Beginning July 1, 2001, the department shall implement a
58 7 process to collect data for these measurements and shall
58 8 develop procedures to increase nursing facility reimbursements
58 9 based upon a nursing facility's achievement of multiple
58 10 favorable outcomes as determined by these measurements. Any
58 11 increased reimbursement shall not exceed 3 percent of the
58 12 calculation of the modified price=based case=mix reimbursement
58 13 median. The increased reimbursement shall be included in the
58 14 calculation of nursing facility modified price=based payment
58 15 rates beginning July 1, 2002, with the exception of
58 16 Medicare=certified hospital=based nursing facilities,
58 17 state=operated nursing facilities, and special population
58 18 nursing facilities.
58 19 b. It is the intent of the general assembly that increases
58 20 in payments to nursing facilities under the case=mix adjusted
58 21 component shall be used for the provision of direct care with
58 22 an emphasis on compensation to direct care workers. The
58 23 department shall compile and provide a detailed analysis to
58 24 demonstrate growth of direct care costs, increased acuity, and
58 25 care needs of residents. The department shall also provide
58 26 analysis of cost reports submitted by providers and the
58 27 resulting desk review and field audit adjustments to
58 28 reclassify and amend provider cost and statistical data. The
58 29 results of these analyses shall be submitted to the general
58 30 assembly for evaluation to determine payment levels following
58 31 the transition funding period.
58 32 b. Beginning July 1, 2008, notwithstanding any law or rule
58 33 to the contrary, the increased nursing facility reimbursement
58 34 available pursuant to paragraph "a" shall be based upon the
58 35 accountability measures and calculations existing on July 1,
59 1 2008, pursuant to 441 IAC 81.6(16)(g), as adjusted in
59 2 accordance with the following provisions, and the increased
59 3 reimbursement shall be disbursed to each qualifying nursing
59 4 facility as an accountability payment at the end of each
59 5 fiscal year. The department of human services shall request
59 6 any medical assistance state plan amendment necessary to
59 7 implement the modified accountability payment methodology. If
59 8 the department does not receive approval of the state plan
59 9 amendment, the funds designated for the purposes of providing
59 10 the accountability measures payment shall instead be disbursed
59 11 through the case=mix reimbursement system:
59 12 (1) If a nursing facility receives a citation resulting in
59 13 actual harm pursuant to the federal certification guidelines
59 14 at a G level scope and severity or higher, the increased
59 15 reimbursement calculated for payment under this paragraph "