Senate File 505 - Enrolled
SENATE FILE
BY COMMITTEE ON
APPROPRIATIONS
(SUCCESSOR TO SSB
1288)
\5
A BILL FOR
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Senate File 505
AN ACT
RELATING TO APPROPRIATIONS FOR HEALTH AND HUMAN SERVICES
AND VETERANS AND INCLUDING OTHER RELATED PROVISIONS AND
APPROPRIATIONS, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE
AND OTHER APPLICABILITY DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
DEPARTMENT ON AGING ==== FY 2015=2016
Section 1. DEPARTMENT ON AGING. There is appropriated from
the general fund of the state to the department on aging for
the fiscal year beginning July 1, 2015, and ending June 30,
2016, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For aging programs for the department on aging and area
agencies on aging to provide citizens of Iowa who are 60 years
of age and older with case management for frail elders, Iowa's
aging and disabilities resource center, and other services
which may include but are not limited to adult day services,
respite care, chore services, information and assistance,
and material aid, for information and options counseling for
persons with disabilities who are 18 years of age or older,
and for salaries, support, administration, maintenance, and
miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 11,399,732
............................................... FTEs 31.00
1. Funds appropriated in this section may be used to
supplement federal funds under federal regulations. To
receive funds appropriated in this section, a local area
agency on aging shall match the funds with moneys from other
sources according to rules adopted by the department. Funds
appropriated in this section may be used for elderly services
not specifically enumerated in this section only if approved
by an area agency on aging for provision of the service within
the area.
2. Of the funds appropriated in this section, $279,946 is
transferred to the economic development authority for the Iowa
commission on volunteer services to be used for the retired and
senior volunteer program.
3. a. The department on aging shall establish and enforce
procedures relating to expenditure of state and federal funds
by area agencies on aging that require compliance with both
state and federal laws, rules, and regulations, including but
not limited to all of the following:
(1) Requiring that expenditures are incurred only for goods
or services received or performed prior to the end of the
fiscal period designated for use of the funds.
(2) Prohibiting prepayment for goods or services not
received or performed prior to the end of the fiscal period
designated for use of the funds.
(3) Prohibiting the prepayment for goods or services
not defined specifically by good or service, time period, or
recipient.
(4) Prohibiting the establishment of accounts from which
future goods or services which are not defined specifically by
good or service, time period, or recipient, may be purchased.
b. The procedures shall provide that if any funds are
expended in a manner that is not in compliance with the
procedures and applicable federal and state laws, rules, and
regulations, and are subsequently subject to repayment, the
area agency on aging expending such funds in contravention of
such procedures, laws, rules and regulations, not the state,
shall be liable for such repayment.
4. Of the funds appropriated in this section, at least
$250,000 shall be used to fund the unmet needs identified
through Iowa's aging and disability resource center network.
5. Of the funds appropriated in this section, at least
$600,000 shall be used to fund home and community=based
services through the area agencies on aging that enable older
individuals to avoid more costly utilization of residential or
institutional services and remain in their own homes.
6. Of the funds appropriated in this section, $813,666
shall be used for the purposes of chapter 231E and section
231.56A, of which $288,666 shall be used for the office of
substitute decision maker pursuant to chapter 231E, and the
remainder shall be distributed equally to the area agencies on
aging to administer the prevention of elder abuse, neglect, and
exploitation program pursuant to section 231.56A, in accordance
with the requirements of the federal Older Americans Act of
1965, 42 U.S.C. {3001 et seq., as amended.
DIVISION II
OFFICE OF LONG=TERM CARE OMBUDSMAN ==== FY 2015=2016
Sec. 2. OFFICE OF LONG=TERM CARE OMBUDSMAN.
1. There is appropriated from the general fund of the state
to the office of long=term care ombudsman for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, administration, maintenance, and
miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 1,276,783
............................................... FTEs 17.00
2. Of the funds appropriated in this section, $220,000 shall
be used to provide additional local long=term care ombudsmen.
3. The office of long=term care ombudsman and the department
of human services shall collaborate to develop a cost
allocation plan requesting Medicaid administrative funding to
provide for the claiming of federal financial participation
for office of long=term care ombudsman activities that are
performed to assist with administration of the Medicaid
program. The cost allocation plan shall document the costs
that directly benefit the Medicaid program and are consistent
with federal requirements. The cost allocation plan shall be
developed in a timely manner to allow for such claiming to
begin by January 1, 2016.
DIVISION III
DEPARTMENT OF PUBLIC HEALTH ==== FY 2015=2016
Sec. 3. DEPARTMENT OF PUBLIC HEALTH. There is appropriated
from the general fund of the state to the department of public
health for the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. ADDICTIVE DISORDERS
For reducing the prevalence of the use of tobacco, alcohol,
and other drugs, and treating individuals affected by addictive
behaviors, including gambling, and for not more than the
following full=time equivalent positions:
.................................................. $ 27,263,690
............................................... FTEs 10.00
a. (1) Of the funds appropriated in this subsection,
$5,248,361 shall be used for the tobacco use prevention
and control initiative, including efforts at the state and
local levels, as provided in chapter 142A. The commission
on tobacco use prevention and control established pursuant
to section 142A.3 shall advise the director of public health
in prioritizing funding needs and the allocation of moneys
appropriated for the programs and initiatives. Activities
of the programs and initiatives shall be in alignment with
the United States centers for disease control and prevention
best practices for comprehensive tobacco control programs that
include the goals of preventing youth initiation of tobacco
usage, reducing exposure to secondhand smoke, and promotion
of tobacco cessation. To maximize resources, the department
shall determine if third=party sources are available to
instead provide nicotine replacement products to an applicant
prior to provision of such products to an applicant under
the initiative. The department shall track and report to
the individuals specified in this Act, any reduction in
the provision of nicotine replacement products realized by
the initiative through implementation of the prerequisite
screening.
(2) (a) Of the funds allocated in this paragraph "a",
$453,067 is transferred to the alcoholic beverages division of
the department of commerce for enforcement of tobacco laws,
regulations, and ordinances and to engage in tobacco control
activities approved by the division of tobacco use prevention
and control of the department of public health as specified
in the memorandum of understanding entered into between the
divisions.
(b) For the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the terms of the memorandum of understanding,
entered into between the division of tobacco use prevention
and control of the department of public health and the
alcoholic beverages division of the department of commerce,
governing compliance checks conducted to ensure licensed retail
tobacco outlet conformity with tobacco laws, regulations, and
ordinances relating to persons under eighteen years of age,
shall continue to restrict the number of such checks to one
check per retail outlet, and one additional check for any
retail outlet found to be in violation during the first check.
b. Of the funds appropriated in this subsection,
$22,015,329 shall be used for problem gambling and
substance=related disorder prevention, treatment, and recovery
services, including a 24=hour helpline, public information
resources, professional training, and program evaluation.
(1) Of the funds allocated in this paragraph "b",
$18,903,715 shall be used for substance=related disorder
prevention and treatment.
(a) Of the funds allocated in this subparagraph (1),
$899,300 shall be used for the public purpose of a grant
program to provide substance=related disorder prevention
programming for children.
(i) Of the funds allocated in this subparagraph division
(a), $427,539 shall be used for grant funding for organizations
that provide programming for children by utilizing mentors.
Programs approved for such grants shall be certified or must
be certified within six months of receiving the grant award
by the Iowa commission on volunteer services as utilizing the
standards for effective practice for mentoring programs.
(ii) Of the funds allocated in this subparagraph division
(a), $426,839 shall be used for grant funding for organizations
providing programming that includes youth development and
leadership services. The programs shall also be recognized as
being programs that are scientifically based with evidence of
their effectiveness in reducing substance=related disorders in
children.
(iii) The department of public health shall utilize a
request for proposals process to implement the grant program.
(iv) All grant recipients shall participate in a program
evaluation as a requirement for receiving grant funds.
(v) Of the funds allocated in this subparagraph division
(a), up to $44,922 may be used to administer substance=related
disorder prevention grants and for program evaluations.
(b) Of the funds allocated in this subparagraph
(1), $272,603 shall be used for culturally competent
substance=related disorder treatment pilot projects.
(i) The department shall utilize the amount allocated
in this subparagraph division (b) for at least three pilot
projects to provide culturally competent substance=related
disorder treatment in various areas of the state. Each pilot
project shall target a particular ethnic minority population.
The populations targeted shall include but are not limited to
African American, Asian, and Latino.
(ii) The pilot project requirements shall provide for
documentation or other means to ensure access to the cultural
competence approach used by a pilot project so that such
approach can be replicated and improved upon in successor
programs.
(2) Of the funds allocated in this paragraph "b", up
to $3,111,614 may be used for problem gambling prevention,
treatment, and recovery services.
(a) Of the funds allocated in this subparagraph (2),
$2,573,762 shall be used for problem gambling prevention and
treatment.
(b) Of the funds allocated in this subparagraph (2), up to
$437,852 may be used for a 24=hour helpline, public information
resources, professional training, and program evaluation.
(c) Of the funds allocated in this subparagraph (2), up
to $100,000 may be used for the licensing of problem gambling
treatment programs.
(3) It is the intent of the general assembly that from the
moneys allocated in this paragraph "b", persons with a dual
diagnosis of substance=related disorder and gambling addiction
shall be given priority in treatment services.
c. Notwithstanding any provision of law to the contrary,
to standardize the availability, delivery, cost of delivery,
and accountability of problem gambling and substance=related
disorder treatment services statewide, the department shall
continue implementation of a process to create a system
for delivery of treatment services in accordance with the
requirements specified in 2008 Iowa Acts, chapter 1187, section
3, subsection 4. To ensure the system provides a continuum
of treatment services that best meets the needs of Iowans,
the problem gambling and substance=related disorder treatment
services in any area may be provided either by a single agency
or by separate agencies submitting a joint proposal.
(1) The system for delivery of substance=related disorder
and problem gambling treatment shall include problem gambling
prevention.
(2) The system for delivery of substance=related disorder
and problem gambling treatment shall include substance=related
disorder prevention by July 1, 2016.
(3) Of the funds allocated in paragraph "b", the department
may use up to $100,000 for administrative costs to continue
developing and implementing the process in accordance with this
paragraph "c".
d. The requirement of section 123.53, subsection 5, is met
by the appropriations and allocations made in this division of
this Act for purposes of substance=related disorder treatment
and addictive disorders for the fiscal year beginning July 1,
2015.
e. The department of public health shall work with all
other departments that fund substance=related disorder
prevention and treatment services and all such departments
shall, to the extent necessary, collectively meet the state
maintenance of effort requirements for expenditures for
substance=related disorder services as required under the
federal substance=related disorder prevention and treatment
block grant.
2. HEALTHY CHILDREN AND FAMILIES
For promoting the optimum health status for children,
adolescents from birth through 21 years of age, and families,
and for not more than the following full=time equivalent
positions:
.................................................. $ 4,617,543
............................................... FTEs 12.00
a. Of the funds appropriated in this subsection, not more
than $734,841 shall be used for the healthy opportunities for
parents to experience success (HOPES)=healthy families Iowa
(HFI) program established pursuant to section 135.106. The
funding shall be distributed to renew the grants that were
provided to the grantees that operated the program during the
fiscal year ending June 30, 2015.
b. In order to implement the legislative intent stated in
sections 135.106 and 256I.9, that priority for home visitation
program funding be given to programs using evidence=based or
promising models for home visitation, it is the intent of the
general assembly to phase in the funding priority in accordance
with 2012 Iowa Acts, chapter 1133, section 2, subsection 2,
paragraph "0b".
c. Of the funds appropriated in this subsection, $2,198,828
shall be used for continuation of the department's initiative
to provide for adequate developmental surveillance and
screening during a child's first five years. The funds shall
be used first to fully fund the current sites to ensure that
the sites are fully operational, with the remaining funds
to be used for expansion to additional sites. The full
implementation and expansion shall include enhancing the scope
of the program through collaboration with the child health
specialty clinics to promote healthy child development through
early identification and response to both biomedical and social
determinants of healthy development; by monitoring child
health metrics to inform practice, document long=term health
impacts and savings, and provide for continuous improvement
through training, education, and evaluation; and by providing
for practitioner consultation particularly for children with
behavioral conditions and needs. The department of public
health shall also collaborate with the Iowa Medicaid enterprise
and the child health specialty clinics to integrate the
activities of the first five initiative into the establishment
of patient=centered medical homes, community utilities,
accountable care organizations, and other integrated care
models developed to improve health quality and population
health while reducing health care costs. To the maximum extent
possible, funding allocated in this paragraph shall be utilized
as matching funds for medical assistance program reimbursement.
d. Of the funds appropriated in this subsection, $74,640
shall be distributed to a statewide dental carrier to provide
funds to continue the donated dental services program patterned
after the projects developed by the lifeline network to provide
dental services to indigent individuals who are elderly or with
disabilities.
e. Of the funds appropriated in this subsection, $111,995
shall be used for childhood obesity prevention.
f. Of the funds appropriated in this subsection, $162,768
shall be used to provide audiological services and hearing
aids for children. The department may enter into a contract
to administer this paragraph.
g. Of the funds appropriated in this subsection, $25,000 is
transferred to the university of Iowa college of dentistry for
provision of primary dental services to children. State funds
shall be matched on a dollar=for=dollar basis. The university
of Iowa college of dentistry shall coordinate efforts with the
department of public health, bureau of oral and health delivery
systems, to provide dental care to underserved populations
throughout the state.
h. Of the funds appropriated in this subsection, $50,000
shall be used to address youth suicide prevention.
i. Of the funds appropriated in this subsection, $50,000
shall be used to support the Iowa effort to address the survey
of children who experience adverse childhood experiences known
as ACEs.
j. The department of public health shall continue to
administer the program to assist parents in this state with
costs resulting from the death of a child in accordance with
the provisions of 2014 Iowa Acts, chapter 1140, section 22,
subsection 12.
3. CHRONIC CONDITIONS
For serving individuals identified as having chronic
conditions or special health care needs, and for not more than
the following full=time equivalent positions:
.................................................. $ 4,955,692
............................................... FTEs 5.00
a. Of the funds appropriated in this subsection, $159,932
shall be used for grants to individual patients who have an
inherited metabolic disorder to assist with the costs of
medically necessary foods and formula.
b. Of the funds appropriated in this subsection, $891,644
shall be used for the brain injury services program pursuant to
section 135.22B, including for continuation of the contracts
for resource facilitator services in accordance with section
135.22B, subsection 9, and to enhance brain injury training and
recruitment of service providers on a statewide basis. Of the
amount allocated in this paragraph, $95,000 shall be used to
fund one full=time equivalent position to serve as the state
brain injury services program manager.
c. Of the funds appropriated in this subsection, $547,982
shall be used as additional funding to leverage federal funding
through the federal Ryan White Care Act, Tit. II, AIDS drug
assistance program supplemental drug treatment grants.
d. Of the funds appropriated in this subsection, $149,823
shall be used for the public purpose of continuing to contract
with an existing national=affiliated organization to provide
education, client=centered programs, and client and family
support for people living with epilepsy and their families.
The amount allocated in this paragraph in excess of $100,000
shall be matched dollar=for=dollar by the organization
specified.
e. Of the funds appropriated in this subsection, $785,114
shall be used for child health specialty clinics.
f. Of the funds appropriated in this subsection, $400,000
shall be used by the regional autism assistance program
established pursuant to section 256.35, and administered by
the child health specialty clinic located at the university of
Iowa hospitals and clinics. The funds shall be used to enhance
interagency collaboration and coordination of educational,
medical, and other human services for persons with autism,
their families, and providers of services, including delivering
regionalized services of care coordination, family navigation,
and integration of services through the statewide system of
regional child health specialty clinics and fulfilling other
requirements as specified in chapter 225D. The university of
Iowa shall not receive funds allocated under this paragraph for
indirect costs associated with the regional autism assistance
program.
g. Of the funds appropriated in this subsection, $570,993
shall be used for the comprehensive cancer control program to
reduce the burden of cancer in Iowa through prevention, early
detection, effective treatment, and ensuring quality of life.
Of the funds allocated in this paragraph "g", $150,000 shall
be used to support a melanoma research symposium, a melanoma
biorepository and registry, basic and translational melanoma
research, and clinical trials.
h. Of the funds appropriated in this subsection, $126,450
shall be used for cervical and colon cancer screening, and
$300,000 shall be used to enhance the capacity of the cervical
cancer screening program to include provision of recommended
prevention and early detection measures to a broader range of
low=income women.
i. Of the funds appropriated in this subsection, $526,695
shall be used for the center for congenital and inherited
disorders.
j. Of the funds appropriated in this subsection, $129,411
shall be used for the prescription drug donation repository
program created in chapter 135M.
k. Of the funds appropriated in this subsection,
$215,263 shall be used by the department of public health
for reform=related activities, including but not limited to
facilitation of communication to stakeholders at the state and
local level, administering the patient=centered health advisory
council pursuant to section 135.159, and involvement in health
care system innovation activities occurring across the state.
l. Of the funds appropriated in this subsection, $25,000
shall be used for administration of chapter 124D, the medical
cannabidiol Act.
4. COMMUNITY CAPACITY
For strengthening the health care delivery system at the
local level, and for not more than the following full=time
equivalent positions:
.................................................. $ 8,821,335
............................................... FTEs 11.00
a. Of the funds appropriated in this subsection, $99,414
is allocated for continuation of the child vision screening
program implemented through the university of Iowa hospitals
and clinics in collaboration with early childhood Iowa areas.
The program shall submit a report to the individuals identified
in this Act for submission of reports regarding the use of
funds allocated under this paragraph "a". The report shall
include the objectives and results for the program year
including the target population and how the funds allocated
assisted the program in meeting the objectives; the number,
age, and location within the state of individuals served;
the type of services provided to the individuals served; the
distribution of funds based on service provided; and the
continuing needs of the program.
b. Of the funds appropriated in this subsection, $110,656 is
allocated for continuation of an initiative implemented at the
university of Iowa and $99,904 is allocated for continuation of
an initiative at the state mental health institute at Cherokee
to expand and improve the workforce engaged in mental health
treatment and services. The initiatives shall receive input
from the university of Iowa, the department of human services,
the department of public health, and the mental health and
disability services commission to address the focus of the
initiatives.
c. Of the funds appropriated in this subsection, $1,164,628
shall be used for essential public health services that promote
healthy aging throughout one's lifespan, contracted through a
formula for local boards of health, to enhance health promotion
and disease prevention services.
d. Of the funds appropriated in this section, $99,286 shall
be deposited in the governmental public health system fund
created in section 135A.8 to be used for the purposes of the
fund.
e. Of the funds appropriated in this subsection, $105,448
shall be used to continue to address the shortage of mental
health professionals in the state.
f. Of the funds appropriated in this subsection,
$50,000 shall be used for a grant to a statewide association
of psychologists that is affiliated with the American
psychological association to be used for continuation of a
program to rotate intern psychologists in placements in urban
and rural mental health professional shortage areas, as defined
in section 135.180.
g. (1) Of the funds appropriated in this subsection,
$2,882,969 shall be allocated as a grant to the Iowa primary
care association to be used pursuant to section 135.153 for
the statewide coordination of the Iowa collaborative safety
net provider network. Coordination of the network shall
focus on increasing access by underserved populations to
health care services, increasing integration of the health
system and collaboration across the continuum of care with
a focus on safety net services, and enhancing the Iowa
collaborative safety net provider network's communication and
education efforts. The amount allocated as a grant under this
subparagraph (1) shall be used as follows to support the Iowa
collaborative safety net provider network goals of increased
access, health system integration, and engagement:
(a) For distribution to safety net partners in the state
that work to increase access of the underserved population to
health services:
.................................................. $ 1,025,485
(i) Of the amount allocated in this subparagraph division
(a), not less than $413,415 shall be distributed to the
Iowa prescription drug corporation for continuation of the
pharmaceutical infrastructure for safety net providers as
described in 2007 Iowa Acts, chapter 218, section 108.
(ii) Of the amount allocated in this subparagraph division
(a), not less than $348,322 shall be distributed to free
clinics and free clinics of Iowa for necessary infrastructure,
statewide coordination, provider recruitment, service delivery,
and provision of assistance to patients in securing a medical
home inclusive of oral health care.
(iii) Of the amount allocated in this subparagraph division
(a), not less than $50,000 shall be distributed to the Iowa
coalition against sexual assault to continue a training
program for sexual assault response team (SART) members,
including representatives of law enforcement, victim advocates,
prosecutors, and certified medical personnel.
(iv) Of the amount allocated in this subparagraph division
(a), not less than $213,748 shall be distributed to the Polk
county medical society for continuation of the safety net
provider patient access to a specialty health care initiative
as described in 2007 Iowa Acts, chapter 218, section 109.
(b) For distribution to safety net partners in the
state that work to increase health system integration, care
coordination, and collaboration across the continuum of care
with a focus on safety net services. Such efforts shall
include but not be limited to community care coordination team
development and integration of medical and behavioral health
services. Efforts shall also include working, in conjunction
with the department of human services and the department
of public health, to support Medicaid managed care efforts
inclusive of the state innovation model through the continued
development and implementation of community care coordination
teams. Implementation of the community care coordination
teams shall be accomplished through a statewide regionally
based network that provides an integrated approach to health
care delivery through care coordination that supports primary
care providers and links patients with community resources
necessary to empower patients in addressing biomedical and
social determinants of health to improve health outcomes:
.................................................. $ 1,672,199
(c) For distribution to safety net partners in the state
that work to serve as a resource for credible, accurate
information on health care=related needs and services
for vulnerable populations in the state including the
Iowa association of rural health clinics for necessary
infrastructure and service delivery transformation and the Iowa
primary care association to support partner engagement, program
management, and statewide coordination of the network:
.................................................. $ 185,285
(2) The amount allocated under this paragraph "g" shall
not be reduced for administrative or other costs prior to
distribution. The Iowa collaborative safety net provider
network may continue to distribute funds allocated pursuant to
this paragraph "g" through existing contracts or renewal of
existing contracts.
(3) For each goal of the Iowa collaborative safety net
provider network, the Iowa primary care association shall
submit a progress report to the individuals designated in this
Act for submission of reports by December 15, 2015, including
progress in developing and implementing the network, how the
funds were distributed and used in developing and implementing
the network, and the remaining needs identified to fully
develop and implement the network.
h. Of the funds appropriated in this subsection, $213,400
shall be used for continuation of the work of the direct care
worker advisory council established pursuant to 2008 Iowa Acts,
chapter 1188, section 69, in implementing the recommendations
in the final report submitted by the advisory council to the
governor and the general assembly in March 2012, including
by continuing to develop, promote, and make available on a
statewide basis the prepare=to=care core curriculum and its
associated modules and specialties through various formats
including online access, community colleges, and other venues;
exploring new and maintaining existing specialties including
but not limited to oral health and dementia care; supporting
instructor training; and assessing and making recommendations
concerning the Iowa care book and information technology
systems and infrastructure uses and needs.
i. (1) Of the funds appropriated in this subsection,
$216,375 shall be used for allocation to an independent
statewide direct care worker organization selected through a
request for proposals process. The contract shall include
performance and outcomes measures, and shall allow the
contractor to use a portion of the funds received under the
contract to collect data to determine results based on the
performance and outcomes measures.
(2) Of the funds appropriated in this subsection, $75,000
shall be used to provide scholarships or other forms of
subsidization for direct care worker educational conferences,
training, or outreach activities.
j. Of the funds appropriated in this subsection, the
department may use up to $58,175 for up to one full=time
equivalent position to administer the volunteer health care
provider program pursuant to section 135.24.
k. Of the funds appropriated in this subsection, $100,000
shall be used for a matching dental education loan repayment
program to be allocated to a dental nonprofit health service
corporation to continue to develop the criteria and implement
the loan repayment program.
l. Of the funds appropriated in this subsection, $105,823 is
transferred to the college student aid commission for deposit
in the rural Iowa primary care trust fund created in section
261.113 to be used for the purposes of the fund.
m. Of the funds appropriated in this subsection, $250,000
shall be used for the purposes of the Iowa donor registry as
specified in section 142C.18.
n. Of the funds appropriated in this subsection, $100,000
shall be used for continuation of a grant to a nationally
affiliated volunteer eye organization that has an established
program for children and adults and that is solely dedicated to
preserving sight and preventing blindness through education,
nationally certified vision screening and training, and
community and patient service programs. The organization
shall submit a report to the individuals identified in this
Act for submission of reports regarding the use of funds
allocated under this paragraph "n". The report shall include
the objectives and results for the program year including
the target population and how the funds allocated assisted
the program in meeting the objectives; the number, age, and
location within the state of individuals served; the type of
services provided to the individuals served; the distribution
of funds based on services provided; and the continuing needs
of the program.
o. Of the funds appropriated in this subsection, $2,000,000
shall be deposited in the medical residency training account
created in section 135.175, subsection 5, paragraph "a", and
is appropriated from the account to the department of public
health to be used for the purposes of the medical residency
training state matching grants program as specified in section
135.176. However, notwithstanding any provision to the
contrary in section 135.176, priority in the awarding of grants
shall be given to sponsors that propose preference in the use
of the grant funds for psychiatric residency positions and
family practice residency positions.
p. Of the funds appropriated in this subsection, $156,619
is allocated to the university of Iowa hospitals and clinics
to implement a systematic and evidence=based practice
collaborative care model to improve outcomes of mental health
treatment in primary care settings in the state. Funds shall
be used to establish the collaborative care model in several
primary care practices in rural and urban areas throughout the
state, to provide staffing to administer the model, and to
provide staff training and database management to track and
manage patient outcomes.
5. HEALTHY AGING
To provide public health services that reduce risks and
invest in promoting and protecting good health over the
course of a lifetime with a priority given to older Iowans and
vulnerable populations:
.................................................. $ 7,297,142
6. INFECTIOUS DISEASES
For reducing the incidence and prevalence of communicable
diseases, and for not more than the following full=time
equivalent positions:
.................................................. $ 1,335,155
............................................... FTEs 4.00
7. PUBLIC PROTECTION
For protecting the health and safety of the public through
establishing standards and enforcing regulations, and for not
more than the following full=time equivalent positions:
.................................................. $ 4,339,191
............................................... FTEs 136.00
a. Of the funds appropriated in this subsection, not more
than $454,700 shall be credited to the emergency medical
services fund created in section 135.25. Moneys in the
emergency medical services fund are appropriated to the
department to be used for the purposes of the fund.
b. Of the funds appropriated in this subsection, $203,032
shall be used for sexual violence prevention programming
through a statewide organization representing programs
serving victims of sexual violence through the department's
sexual violence prevention program. The amount allocated
in this paragraph "b" shall not be used to supplant funding
administered for other sexual violence prevention or victims
assistance programs.
c. Of the funds appropriated in this subsection, $598,751
shall be used for the state poison control center. Pursuant
to the directive under 2014 Iowa Acts, chapter 1140, section
102, the federal matching funds available to the state poison
control center from the department of human services under the
federal Children's Health Insurance Program Reauthorization Act
allotment shall be subject to the federal administrative cap
rule of 10 percent applicable to funding provided under Tit.
XXI of the federal Social Security Act and included within the
department's calculations of the cap.
d. Of the funds appropriated in this subsection, $537,750
shall be used for childhood lead poisoning provisions.
8. RESOURCE MANAGEMENT
For establishing and sustaining the overall ability of the
department to deliver services to the public, and for not more
than the following full=time equivalent positions:
.................................................. $ 855,072
............................................... FTEs 4.00
The university of Iowa hospitals and clinics under the
control of the state board of regents shall not receive
indirect costs from the funds appropriated in this section.
The university of Iowa hospitals and clinics billings to the
department shall be on at least a quarterly basis.
DIVISION IV
DEPARTMENT OF VETERANS AFFAIRS ==== FY 2015=2016
Sec. 4. DEPARTMENT OF VETERANS AFFAIRS. There is
appropriated from the general fund of the state to the
department of veterans affairs for the fiscal year beginning
July 1, 2015, and ending June 30, 2016, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 1,200,546
............................................... FTEs 15.00
2. IOWA VETERANS HOME
For salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 7,594,996
a. The Iowa veterans home billings involving the department
of human services shall be submitted to the department on at
least a monthly basis.
b. If there is a change in the employer of employees
providing services at the Iowa veterans home under a collective
bargaining agreement, such employees and the agreement shall
be continued by the successor employer as though there had not
been a change in employer.
c. Within available resources and in conformance with
associated state and federal program eligibility requirements,
the Iowa veterans home may implement measures to provide
financial assistance to or on behalf of veterans or their
spouses who are participating in the community reentry program.
d. The Iowa veterans home expenditure report shall be
submitted monthly to the legislative services agency.
3. HOME OWNERSHIP ASSISTANCE PROGRAM
For transfer to the Iowa finance authority for the
continuation of the home ownership assistance program for
persons who are or were eligible members of the armed forces of
the United States, pursuant to section 16.54:
.................................................. $ 2,500,000
Sec. 5. LIMITATION OF COUNTY COMMISSIONS OF VETERAN AFFAIRS
FUND STANDING APPROPRIATIONS. Notwithstanding the standing
appropriation in section 35A.16 for the fiscal year beginning
July 1, 2015, and ending June 30, 2016, the amount appropriated
from the general fund of the state pursuant to that section
for the following designated purposes shall not exceed the
following amount:
For the county commissions of veteran affairs fund under
section 35A.16:
.................................................. $ 990,000
DIVISION V
DEPARTMENT OF HUMAN SERVICES ==== FY 2015=2016
Sec. 6. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT. There is appropriated from the fund created in section
8.41 to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, from moneys
received under the federal temporary assistance for needy
families (TANF) block grant pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
Pub. L. No. 104=193, and successor legislation, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
1. To be credited to the family investment program account
and used for assistance under the family investment program
under chapter 239B:
.................................................. $ 5,136,995
2. To be credited to the family investment program account
and used for the job opportunities and basic skills (JOBS)
program and implementing family investment agreements in
accordance with chapter 239B:
.................................................. $ 10,138,178
3. To be used for the family development and
self=sufficiency grant program in accordance with section
216A.107:
.................................................. $ 2,898,980
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until the close of
the succeeding fiscal year. However, unless such moneys are
encumbered or obligated on or before September 30, 2016, the
moneys shall revert.
4. For field operations:
.................................................. $ 31,296,232
5. For general administration:
.................................................. $ 3,744,000
6. For state child care assistance:
.................................................. $ 35,047,110
a. Of the funds appropriated in this subsection,
$26,328,097 is transferred to the child care and development
block grant appropriation made by the Eighty=sixth General
Assembly, 2015 Session, for the federal fiscal year beginning
October 1, 2015, and ending September 30, 2016. Of this
amount, $200,000 shall be used for provision of educational
opportunities to registered child care home providers in order
to improve services and programs offered by this category
of providers and to increase the number of providers. The
department may contract with institutions of higher education
or child care resource and referral centers to provide
the educational opportunities. Allowable administrative
costs under the contracts shall not exceed 5 percent. The
application for a grant shall not exceed two pages in length.
b. Any funds appropriated in this subsection remaining
unallocated shall be used for state child care assistance
payments for families who are employed including but not
limited to individuals enrolled in the family investment
program.
7. For distribution to counties and regions through the
property tax relief fund for mental health and disability
services as provided in an appropriation made for this purpose:
.................................................. $ 4,894,052
8. For child and family services:
.................................................. $ 32,084,430
9. For child abuse prevention grants:
.................................................. $ 125,000
10. For pregnancy prevention grants on the condition that
family planning services are funded:
.................................................. $ 1,930,067
Pregnancy prevention grants shall be awarded to programs
in existence on or before July 1, 2015, if the programs have
demonstrated positive outcomes. Grants shall be awarded to
pregnancy prevention programs which are developed after July
1, 2015, if the programs are based on existing models that
have demonstrated positive outcomes. Grants shall comply with
the requirements provided in 1997 Iowa Acts, chapter 208,
section 14, subsections 1 and 2, including the requirement that
grant programs must emphasize sexual abstinence. Priority in
the awarding of grants shall be given to programs that serve
areas of the state which demonstrate the highest percentage of
unplanned pregnancies of females of childbearing age within the
geographic area to be served by the grant.
11. For technology needs and other resources necessary
to meet federal welfare reform reporting, tracking, and case
management requirements:
.................................................. $ 1,037,186
12. For the family investment program share of the costs to
continue to develop and maintain a new, integrated eligibility
determination system:
.................................................. $ 6,654,880
13. a. Notwithstanding any provision to the contrary,
including but not limited to requirements in section 8.41 or
provisions in 2014 or 2015 Iowa Acts regarding the receipt and
appropriation of federal block grants, federal funds from the
temporary assistance for needy families block grant received by
the state and not otherwise appropriated in this section and
remaining available for the fiscal year beginning July 1, 2015,
are appropriated to the department of human services to the
extent as may be necessary to be used in the following priority
order: the family investment program, for state child care
assistance program payments for families who are employed, and
for the family investment program share of costs to develop and
maintain a new, integrated eligibility determination system.
The federal funds appropriated in this paragraph "a" shall be
expended only after all other funds appropriated in subsection
1 for the assistance under the family investment program,
in subsection 6 for child care assistance, or in subsection
12 for the family investment program share of the costs to
continue to develop and maintain a new, integrated eligibility
determination system, as applicable, have been expended. For
the purposes of this subsection, the funds appropriated in
subsection 6, paragraph "a", for transfer to the child care
and development block grant appropriation are considered fully
expended when the full amount has been transferred.
b. The department shall, on a quarterly basis, advise the
legislative services agency and department of management of
the amount of funds appropriated in this subsection that was
expended in the prior quarter.
14. Of the amounts appropriated in this section,
$12,962,008 for the fiscal year beginning July 1, 2015, is
transferred to the appropriation of the federal social services
block grant made to the department of human services for that
fiscal year.
15. For continuation of the program providing categorical
eligibility for the food assistance program as specified for
the program in the section of this division of this 2015 Act
relating to the family investment program account:
.................................................. $ 25,000
16. The department may transfer funds allocated in this
section to the appropriations made in this division of this Act
for the same fiscal year for general administration and field
operations for resources necessary to implement and operate the
services referred to in this section and those funded in the
appropriation made in this division of this Act for the same
fiscal year for the family investment program from the general
fund of the state.
Sec. 7. FAMILY INVESTMENT PROGRAM ACCOUNT.
1. Moneys credited to the family investment program (FIP)
account for the fiscal year beginning July 1, 2015, and
ending June 30, 2016, shall be used to provide assistance in
accordance with chapter 239B.
2. The department may use a portion of the moneys credited
to the FIP account under this section as necessary for
salaries, support, maintenance, and miscellaneous purposes.
3. The department may transfer funds allocated in
subsection 4 to the appropriations made in this division of
this Act for the same fiscal year for general administration
and field operations for resources necessary to implement and
operate the family investment program services referred to in
this section and those funded in the appropriation made in this
division of this Act for the same fiscal year for the family
investment program from the general fund of the state.
4. Moneys appropriated in this division of this Act and
credited to the FIP account for the fiscal year beginning July
1, 2015, and ending June 30, 2016, are allocated as follows:
a. To be retained by the department of human services to
be used for coordinating with the department of human rights
to more effectively serve participants in FIP and other shared
clients and to meet federal reporting requirements under the
federal temporary assistance for needy families block grant:
.................................................. $ 20,000
b. To the department of human rights for staffing,
administration, and implementation of the family development
and self=sufficiency grant program in accordance with section
216A.107:
.................................................. $ 6,192,834
(1) Of the funds allocated for the family development
and self=sufficiency grant program in this paragraph "b",
not more than 5 percent of the funds shall be used for the
administration of the grant program.
(2) The department of human rights may continue to implement
the family development and self=sufficiency grant program
statewide during fiscal year 2015=2016.
(3) The department of human rights may engage in activities
to strengthen and improve family outcomes measures and
data collection systems under the family development and
self=sufficiency grant program.
c. For the diversion subaccount of the FIP account:
.................................................. $ 815,000
A portion of the moneys allocated for the subaccount may
be used for field operations, salaries, data management
system development, and implementation costs and support
deemed necessary by the director of human services in order
to administer the FIP diversion program. To the extent
moneys allocated in this paragraph "c" are not deemed by the
department to be necessary to support diversion activities,
such moneys may be used for other efforts intended to increase
engagement by family investment program participants in work,
education, or training activities.
d. For the food assistance employment and training program:
.................................................. $ 66,588
(1) The department shall apply the federal supplemental
nutrition assistance program (SNAP) employment and training
state plan in order to maximize to the fullest extent permitted
by federal law the use of the 50 percent federal reimbursement
provisions for the claiming of allowable federal reimbursement
funds from the United States department of agriculture
pursuant to the federal SNAP employment and training program
for providing education, employment, and training services
for eligible food assistance program participants, including
but not limited to related dependent care and transportation
expenses.
(2) The department shall continue the categorical federal
food assistance program eligibility at 160 percent of the
federal poverty level and continue to eliminate the asset test
from eligibility requirements, consistent with federal food
assistance program requirements. The department shall include
as many food assistance households as is allowed by federal
law. The eligibility provisions shall conform to all federal
requirements including requirements addressing individuals who
are incarcerated or otherwise ineligible.
e. For the JOBS program:
.................................................. $ 17,540,398
5. Of the child support collections assigned under FIP,
an amount equal to the federal share of support collections
shall be credited to the child support recovery appropriation
made in this division of this Act. Of the remainder of the
assigned child support collections received by the child
support recovery unit, a portion shall be credited to the FIP
account, a portion may be used to increase recoveries, and a
portion may be used to sustain cash flow in the child support
payments account. If as a consequence of the appropriations
and allocations made in this section the resulting amounts
are insufficient to sustain cash assistance payments and meet
federal maintenance of effort requirements, the department
shall seek supplemental funding. If child support collections
assigned under FIP are greater than estimated or are otherwise
determined not to be required for maintenance of effort, the
state share of either amount may be transferred to or retained
in the child support payments account.
6. The department may adopt emergency rules for the family
investment, JOBS, food assistance, and medical assistance
programs if necessary to comply with federal requirements.
Sec. 8. FAMILY INVESTMENT PROGRAM GENERAL FUND. There
is appropriated from the general fund of the state to the
department of human services for the fiscal year beginning July
1, 2015, and ending June 30, 2016, the following amount, or
so much thereof as is necessary, to be used for the purpose
designated:
To be credited to the family investment program (FIP)
account and used for family investment program assistance under
chapter 239B:
.................................................. $ 48,673,875
1. Of the funds appropriated in this section, $7,402,220 is
allocated for the JOBS program.
2. Of the funds appropriated in this section, $3,313,854 is
allocated for the family development and self=sufficiency grant
program.
3. Notwithstanding section 8.39, for the fiscal year
beginning July 1, 2015, if necessary to meet federal
maintenance of effort requirements or to transfer federal
temporary assistance for needy families block grant funding
to be used for purposes of the federal social services block
grant or to meet cash flow needs resulting from delays in
receiving federal funding or to implement, in accordance with
this division of this Act, activities currently funded with
juvenile court services, county, or community moneys and state
moneys used in combination with such moneys, the department
of human services may transfer funds within or between any
of the appropriations made in this division of this Act and
appropriations in law for the federal social services block
grant to the department for the following purposes, provided
that the combined amount of state and federal temporary
assistance for needy families block grant funding for each
appropriation remains the same before and after the transfer:
a. For the family investment program.
b. For child care assistance.
c. For child and family services.
d. For field operations.
e. For general administration.
f. For distribution to counties or regions through the
property tax relief fund for mental health and disability
services as provided in an appropriation for this purpose.
This subsection shall not be construed to prohibit the use
of existing state transfer authority for other purposes. The
department shall report any transfers made pursuant to this
subsection to the legislative services agency.
4. Of the funds appropriated in this section, $195,678 shall
be used for continuation of a grant to an Iowa=based nonprofit
organization with a history of providing tax preparation
assistance to low=income Iowans in order to expand the usage of
the earned income tax credit. The purpose of the grant is to
supply this assistance to underserved areas of the state.
5. Of the funds appropriated in this section, $60,000 shall
be used for the continuation of an unfunded pilot project, as
defined in 441 IAC 100.1, relating to parental obligations,
in which the child support recovery unit participates, to
support the efforts of a nonprofit organization committed to
strengthening the community through youth development, healthy
living, and social responsibility headquartered in a county
with a population over 350,000. The funds allocated in this
subsection shall be used by the recipient organization to
develop a larger community effort, through public and private
partnerships, to support a broad=based multi=county fatherhood
initiative that promotes payment of child support obligations,
improved family relationships, and full=time employment.
6. The department may transfer funds appropriated in this
section to the appropriations made in this division of this Act
for general administration and field operations as necessary
to administer this section and the overall family investment
program.
Sec. 9. CHILD SUPPORT RECOVERY. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the following amount, or so much thereof as is
necessary, to be used for the purposes designated:
For child support recovery, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 14,663,373
............................................... FTEs 464.00
1. The department shall expend up to $24,329, including
federal financial participation, for the fiscal year beginning
July 1, 2015, for a child support public awareness campaign.
The department and the office of the attorney general shall
cooperate in continuation of the campaign. The public
awareness campaign shall emphasize, through a variety of
media activities, the importance of maximum involvement of
both parents in the lives of their children as well as the
importance of payment of child support obligations.
2. Federal access and visitation grant moneys shall be
issued directly to private not=for=profit agencies that provide
services designed to increase compliance with the child access
provisions of court orders, including but not limited to
neutral visitation sites and mediation services.
3. The appropriation made to the department for child
support recovery may be used throughout the fiscal year in the
manner necessary for purposes of cash flow management, and for
cash flow management purposes the department may temporarily
draw more than the amount appropriated, provided the amount
appropriated is not exceeded at the close of the fiscal year.
4. With the exception of the funding amount specified, the
requirements established under 2001 Iowa Acts, chapter 191,
section 3, subsection 5, paragraph "c", subparagraph (3), shall
be applicable to parental obligation pilot projects for the
fiscal year beginning July 1, 2015, and ending June 30, 2016.
Notwithstanding 441 IAC 100.8, providing for termination of
rules relating to the pilot projects, the rules shall remain
in effect until June 30, 2016.
Sec. 10. HEALTH CARE TRUST FUND ==== MEDICAL ASSISTANCE ====
FY 2015=2016. Any funds remaining in the health care trust
fund created in section 453A.35A for the fiscal year beginning
July 1, 2015, and ending June 30, 2016, are appropriated to
the department of human services to supplement the medical
assistance program appropriations made in this division of this
Act, for medical assistance reimbursement and associated costs,
including program administration and costs associated with
program implementation.
Sec. 11. MEDICAID FRAUD FUND ==== MEDICAL ASSISTANCE ==== FY
2015=2016. Any funds remaining in the Medicaid fraud fund
created in section 249A.50 for the fiscal year beginning
July 1, 2015, and ending June 30, 2016, are appropriated to
the department of human services to supplement the medical
assistance appropriations made in this division of this Act,
for medical assistance reimbursement and associated costs,
including program administration and costs associated with
program implementation.
Sec. 12. MEDICAL ASSISTANCE. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2015, and ending June 30,
2016, the following amount, or so much thereof as is necessary,
to be used for the purpose designated:
For medical assistance program reimbursement and associated
costs as specifically provided in the reimbursement
methodologies in effect on June 30, 2015, except as otherwise
expressly authorized by law, consistent with options under
federal law and regulations, and contingent upon receipt of
approval from the office of the governor of reimbursement for
each abortion performed under the program:
.................................................. $1,303,191,564
1. Iowans support reducing the number of abortions
performed in our state. Funds appropriated under this section
shall not be used for abortions, unless otherwise authorized
under this section.
2. The provisions of this section relating to abortions
shall also apply to the Iowa health and wellness plan created
pursuant to chapter 249N.
3. The department shall utilize not more than $60,000 of
the funds appropriated in this section to continue the AIDS/HIV
health insurance premium payment program as established in 1992
Iowa Acts, Second Extraordinary Session, chapter 1001, section
409, subsection 6. Of the funds allocated in this subsection,
not more than $5,000 may be expended for administrative
purposes.
4. Of the funds appropriated in this Act to the department
of public health for addictive disorders, $950,000 for
the fiscal year beginning July 1, 2015, is transferred
to the department of human services for an integrated
substance=related disorder managed care system. The department
shall not assume management of the substance=related disorder
system in place of the managed care contractor unless such
a change in approach is specifically authorized in law.
The departments of human services and public health shall
work together to maintain the level of mental health and
substance=related disorder treatment services provided by the
managed care contractor through the Iowa plan for behavioral
health. Each department shall take the steps necessary to
continue the federal waivers as necessary to maintain the level
of services.
5. a. The department shall aggressively pursue options for
providing medical assistance or other assistance to individuals
with special needs who become ineligible to continue receiving
services under the early and periodic screening, diagnostic,
and treatment program under the medical assistance program
due to becoming 21 years of age who have been approved for
additional assistance through the department's exception to
policy provisions, but who have health care needs in excess
of the funding available through the exception to policy
provisions.
b. Of the funds appropriated in this section, $100,000
shall be used for participation in one or more pilot projects
operated by a private provider to allow the individual or
individuals to receive service in the community in accordance
with principles established in Olmstead v. L.C., 527 U.S. 581
(1999), for the purpose of providing medical assistance or
other assistance to individuals with special needs who become
ineligible to continue receiving services under the early and
periodic screening, diagnostic, and treatment program under
the medical assistance program due to becoming 21 years of
age who have been approved for additional assistance through
the department's exception to policy provisions, but who have
health care needs in excess of the funding available through
the exception to the policy provisions.
6. Of the funds appropriated in this section, up to
$3,050,082 may be transferred to the field operations or
general administration appropriations in this division of this
Act for operational costs associated with Part D of the federal
Medicare Prescription Drug Improvement and Modernization Act
of 2003, Pub. L. No. 108=173.
7. Of the funds appropriated in this section, up to $442,100
may be transferred to the appropriation in this division
of this Act for medical contracts to be used for clinical
assessment services and prior authorization of services.
8. A portion of the funds appropriated in this section
may be transferred to the appropriations in this division of
this Act for general administration, medical contracts, the
children's health insurance program, or field operations to be
used for the state match cost to comply with the payment error
rate measurement (PERM) program for both the medical assistance
and children's health insurance programs as developed by the
centers for Medicare and Medicaid services of the United States
department of health and human services to comply with the
federal Improper Payments Information Act of 2002, Pub. L. No.
107=300.
9. The department shall continue to implement the
recommendations of the assuring better child health and
development initiative II (ABCDII) clinical panel to the
Iowa early and periodic screening, diagnostic, and treatment
services healthy mental development collaborative board
regarding changes to billing procedures, codes, and eligible
service providers.
10. Of the funds appropriated in this section, a sufficient
amount is allocated to supplement the incomes of residents of
nursing facilities, intermediate care facilities for persons
with mental illness, and intermediate care facilities for
persons with an intellectual disability, with incomes of less
than $50 in the amount necessary for the residents to receive a
personal needs allowance of $50 per month pursuant to section
249A.30A.
11. Of the funds appropriated in this section, the following
amounts are transferred to the appropriations made in this
division of this Act for the state mental health institutes:
a. Cherokee mental health institute.......... $ 9,098,425
b. Independence mental health institute...... $ 9,045,894
12. a. Of the funds appropriated in this section,
$4,083,878 is allocated for the state match for a
disproportionate share hospital payment of $9,089,424 to
hospitals that meet both of the conditions specified in
subparagraphs (1) and (2). In addition, the hospitals that
meet the conditions specified shall either certify public
expenditures or transfer to the medical assistance program
an amount equal to provide the nonfederal share for a
disproportionate share hospital payment of $17,544,006. The
hospitals that meet the conditions specified shall receive and
retain 100 percent of the total disproportionate share hospital
payment of $26,633,430.
(1) The hospital qualifies for disproportionate share and
graduate medical education payments.
(2) The hospital is an Iowa state=owned hospital with more
than 500 beds and eight or more distinct residency specialty
or subspecialty programs recognized by the American college of
graduate medical education.
b. Distribution of the disproportionate share payments
shall be made on a monthly basis. The total amount of
disproportionate share payments including graduate medical
education, enhanced disproportionate share, and Iowa
state=owned teaching hospital payments shall not exceed the
amount of the state's allotment under Pub. L. No. 102=234.
In addition, the total amount of all disproportionate
share payments shall not exceed the hospital=specific
disproportionate share limits under Pub. L. No. 103=66.
c. The university of Iowa hospitals and clinics shall either
certify public expenditures or transfer to the appropriations
made in this division of this Act for medical assistance an
amount equal to provide the nonfederal share for increased
medical assistance payments for inpatient and outpatient
hospital services of $9,900,000. The university of Iowa
hospitals and clinics shall receive and retain 100 percent of
the total increase in medical assistance payments.
d. Payment methodologies utilized for disproportionate
share hospitals and graduate medical education, and other
supplemental payments under the Medicaid program may be
adjusted or converted to other methodologies or payment
types to provide these payments through Medicaid managed care
implemented beginning January 1, 2016. The department of human
services shall obtain approval from the centers for Medicare
and Medicaid services of the United States department of health
and human services prior to implementation of any such adjusted
or converted methodologies or payment types.
13. One hundred percent of the nonfederal share of payments
to area education agencies that are medical assistance
providers for medical assistance=covered services provided to
medical assistance=covered children, shall be made from the
appropriation made in this section.
14. Any new or renewed contract entered into by the
department with a third party to administer services under the
medical assistance program shall provide that any interest
earned on payments from the state during the state fiscal year
shall be remitted to the department and treated as recoveries
to offset the costs of the medical assistance program.
15. A portion of the funds appropriated in this section
may be transferred to the appropriation in this division of
this Act for medical contracts to be used for administrative
activities associated with the money follows the person
demonstration project.
16. Of the funds appropriated in this section, $349,011
shall be used for the administration of the health insurance
premium payment program, including salaries, support,
maintenance, and miscellaneous purposes.
17. a. The department may increase the amounts allocated
for salaries, support, maintenance, and miscellaneous purposes
associated with the medical assistance program, as necessary,
to implement cost containment strategies. The department shall
report any such increase to the legislative services agency and
the department of management.
b. If the savings to the medical assistance program from
cost containment efforts exceed the cost for the fiscal
year beginning July 1, 2015, the department may transfer any
savings generated for the fiscal year due to medical assistance
program cost containment efforts to the appropriation
made in this division of this Act for medical contracts or
general administration to defray the increased contract costs
associated with implementing such efforts.
c. The department of human services shall not implement
the following cost containment measures as recommended by the
governor for the fiscal year beginning July 1, 2015:
(1) A measure to provide uniform rates of $.575 per mile
based on the 2015 Internal Revenue Service mileage rate and
of $9.29, the current statewide average, per one=way trip for
Medicaid program home and community=based services waivers.
(2) A measure to accelerate implementation of the provision
that beginning July 1, 2015, rather than July 1, 2016, the
department of human services requires services through the
consumer=directed attendant care option to be provided through
an agency or consumer choices option.
d. The department shall report the implementation of
any cost containment strategies under this subsection to the
individuals specified in this Act for submission of reports on
a quarterly basis.
18. For the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the replacement generation tax revenues required
to be deposited in the property tax relief fund pursuant to
section 437A.8, subsection 4, paragraph "d", and section
437A.15, subsection 3, paragraph "f", shall instead be credited
to and supplement the appropriation made in this section and
used for the allocations made in this section.
19. The department shall continue to administer the state
balancing incentive payments program as specified in 2012 Iowa
Acts, chapter 1133, section 14.
20. The department of human services shall execute the state
innovation model phase II testing grant and shall submit a
report to the individuals specified in this Act for submission
of reports regarding the progress of the execution of the
testing grant on or before September 1, 2015. The progress
report shall include, at a minimum, dates by which contracts
will be entered into with vendors, pre=implementation year
and subsequent test year funds will be expended, and other
activities will be completed.
21. a. Of the funds appropriated in this section, up
to $50,000 may be transferred by the department to the
appropriation made in this division of this Act to the
department for the same fiscal year for general administration
to be used for associated administrative expenses and for not
more than one full=time equivalent position, in addition to
those authorized for the same fiscal year, to be assigned to
implementing the project.
b. Of the funds appropriated in this section, up to $400,000
may be transferred by the department to the appropriation made
to the department in this division of this Act for the same
fiscal year for Medicaid program=related general administration
planning and implementation activities. The funds may be used
for contracts or for personnel in addition to the amounts
appropriated for and the positions authorized for general
administration for the fiscal year.
c. Of the funds appropriated in this section, up to
$3,000,000 may be transferred by the department to the
appropriations made in this division of this Act for the same
fiscal year for general administration or medical contracts
to be used to support the development and implementation of
standardized assessment tools for persons with mental illness,
an intellectual disability, a developmental disability, or a
brain injury.
22. Of the funds appropriated in this section, $250,000
shall be used for lodging expenses associated with care
provided at the university of Iowa hospitals and clinics for
patients with cancer whose travel distance is 30 miles or more
and whose income is at or below 200 percent of the federal
poverty level as defined by the most recently revised poverty
income guidelines published by the United States department of
health and human services. The department of human services
shall establish the maximum number of overnight stays and the
maximum rate reimbursed for overnight lodging, which may be
based on the state employee rate established by the department
of administrative services. The funds allocated in this
subsection shall not be used as nonfederal share matching
funds.
23. The department of human services shall adopt rules to
provide for coverage of telehealth under the Medicaid program.
The rules shall provide that in=person contact between a
health care professional and a patient is not required as a
prerequisite for payment for services appropriately provided
through telehealth in accordance with generally accepted health
care practices and standards prevailing in the applicable
professional community at the time the services are provided.
Health care services provided through in=person consultations
or through telehealth shall be treated as equivalent services
for the purposes of reimbursement.
24. The department of human services may adopt emergency
rules as necessary to implement the governor's Medicaid
modernization initiative beginning January 1, 2016.
25. The number of home and community=based services waiver
slots available during the fiscal year beginning July 1, 2015,
shall not be reduced below the number of such slots available
on January 1, 2015.
26. The department of human services shall submit an
application to the centers for Medicare and Medicaid services
of the United States department of health and human services
for a planning grant through the substance abuse and mental
health services administration of the United States department
of health and human services to participate in a two=year pilot
project for certified community behavioral health clinics under
the federal Protecting Access to Medicare Act of 2014, Pub. L.
No. 113=93.
Sec. 13. MEDICAL CONTRACTS. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2015, and ending June 30,
2016, the following amount, or so much thereof as is necessary,
to be used for the purpose designated:
For medical contracts:
.................................................. $ 19,613,964
1. The department of inspections and appeals shall
provide all state matching funds for survey and certification
activities performed by the department of inspections
and appeals. The department of human services is solely
responsible for distributing the federal matching funds for
such activities.
2. Of the funds appropriated in this section, $50,000 shall
be used for continuation of home and community=based services
waiver quality assurance programs, including the review and
streamlining of processes and policies related to oversight and
quality management to meet state and federal requirements.
3. Of the amount appropriated in this section, up to
$200,000 may be transferred to the appropriation for general
administration in this division of this Act to be used for
additional full=time equivalent positions in the development of
key health initiatives such as cost containment, development
and oversight of managed care programs, and development of
health strategies targeted toward improved quality and reduced
costs in the Medicaid program.
4. Of the funds appropriated in this section, $1,000,000
shall be used for planning and development, in cooperation with
the department of public health, of a phased=in program to
provide a dental home for children.
5. Of the funds appropriated in this section, $2,000,000
shall be used for the autism support program created in chapter
225D, with the exception of the following amounts of this
allocation which shall be used as follows:
a. Of the funds allocated in this subsection, $250,000
shall be deposited in the board=certified behavior analyst and
board=certified assistant behavior analyst grants program fund
created in section 135.181, as enacted in this Act, to be used
for the purposes of the fund.
b. Of the funds allocated in this subsection, $25,000
shall be used for the public purpose of continuation of a
grant to a child welfare services provider headquartered in a
county with a population between 205,000 and 215,000 in the
latest certified federal census that provides multiple services
including but not limited to a psychiatric medical institution
for children, shelter, residential treatment, after school
programs, school=based programming, and an Asperger's syndrome
program, to be used for support services for children with
autism spectrum disorder and their families.
c. Of the funds allocated in this subsection, $25,000
shall be used for the public purpose of continuing a grant to
a hospital=based provider headquartered in a county with a
population between 90,000 and 95,000 in the latest certified
federal census that provides multiple services including
but not limited to diagnostic, therapeutic, and behavioral
services to individuals with autism spectrum disorder across
one's lifespan. The grant recipient shall utilize the funds
to continue the pilot project to determine the necessary
support services for children with autism spectrum disorder and
their families to be included in the children's disabilities
services system. The grant recipient shall submit findings and
recommendations based upon the results of the pilot project
to the individuals specified in this division of this Act for
submission of reports by December 31, 2015.
Sec. 14. STATE SUPPLEMENTARY ASSISTANCE.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For the state supplementary assistance program:
.................................................. $12,997,187
2. The department shall increase the personal needs
allowance for residents of residential care facilities by the
same percentage and at the same time as federal supplemental
security income and federal social security benefits are
increased due to a recognized increase in the cost of living.
The department may adopt emergency rules to implement this
subsection.
3. If during the fiscal year beginning July 1, 2015,
the department projects that state supplementary assistance
expenditures for a calendar year will not meet the federal
pass=through requirement specified in Tit. XVI of the federal
Social Security Act, section 1618, as codified in 42 U.S.C.
{1382g, the department may take actions including but not
limited to increasing the personal needs allowance for
residential care facility residents and making programmatic
adjustments or upward adjustments of the residential care
facility or in=home health=related care reimbursement rates
prescribed in this division of this Act to ensure that federal
requirements are met. In addition, the department may make
other programmatic and rate adjustments necessary to remain
within the amount appropriated in this section while ensuring
compliance with federal requirements. The department may adopt
emergency rules to implement the provisions of this subsection.
Sec. 15. CHILDREN'S HEALTH INSURANCE PROGRAM.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For maintenance of the healthy and well kids in Iowa (hawk=i)
program pursuant to chapter 514I, including supplemental dental
services, for receipt of federal financial participation under
Tit. XXI of the federal Social Security Act, which creates the
children's health insurance program:
.................................................. $ 20,413,844
2. Of the funds appropriated in this section, $42,800 is
allocated for continuation of the contract for outreach with
the department of public health.
Sec. 16. CHILD CARE ASSISTANCE. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the following amount, or so much thereof as is
necessary, to be used for the purpose designated:
For child care programs:
.................................................. $ 51,408,668
1. Of the funds appropriated in this section, $43,689,241
shall be used for state child care assistance in accordance
with section 237A.13.
2. Nothing in this section shall be construed or is
intended as or shall imply a grant of entitlement for services
to persons who are eligible for assistance due to an income
level consistent with the waiting list requirements of section
237A.13. Any state obligation to provide services pursuant to
this section is limited to the extent of the funds appropriated
in this section.
3. Of the funds appropriated in this section, $432,453
is allocated for the statewide grant program for child care
resource and referral services under section 237A.26. A list
of the registered and licensed child care facilities operating
in the area served by a child care resource and referral
service shall be made available to the families receiving state
child care assistance in that area.
4. Of the funds appropriated in this section, $936,974
is allocated for child care quality improvement initiatives
including but not limited to the voluntary quality rating
system in accordance with section 237A.30.
5. Of the funds appropriated in this section, $6,350,000
shall be credited to the early childhood programs grants
account in the early childhood Iowa fund created in section
256I.11. The moneys shall be distributed for funding of
community=based early childhood programs targeted to children
from birth through five years of age developed by early
childhood Iowa areas in accordance with approved community
plans as provided in section 256I.8.
6. The department may use any of the funds appropriated
in this section as a match to obtain federal funds for use in
expanding child care assistance and related programs. For
the purpose of expenditures of state and federal child care
funding, funds shall be considered obligated at the time
expenditures are projected or are allocated to the department's
service areas. Projections shall be based on current and
projected caseload growth, current and projected provider
rates, staffing requirements for eligibility determination
and management of program requirements including data systems
management, staffing requirements for administration of the
program, contractual and grant obligations and any transfers
to other state agencies, and obligations for decategorization
or innovation projects.
7. A portion of the state match for the federal child care
and development block grant shall be provided as necessary to
meet federal matching funds requirements through the state
general fund appropriation made for child development grants
and other programs for at=risk children in section 279.51.
8. If a uniform reduction ordered by the governor under
section 8.31 or other operation of law, transfer, or federal
funding reduction reduces the appropriation made in this
section for the fiscal year, the percentage reduction in the
amount paid out to or on behalf of the families participating
in the state child care assistance program shall be equal to or
less than the percentage reduction made for any other purpose
payable from the appropriation made in this section and the
federal funding relating to it. The percentage reduction to
the other allocations made in this section shall be the same as
the uniform reduction ordered by the governor or the percentage
change of the federal funding reduction, as applicable.
If there is an unanticipated increase in federal funding
provided for state child care assistance, the entire amount
of the increase shall be used for state child care assistance
payments. If the appropriations made for purposes of the
state child care assistance program for the fiscal year are
determined to be insufficient, it is the intent of the general
assembly to appropriate sufficient funding for the fiscal year
in order to avoid establishment of waiting list requirements.
9. Notwithstanding section 8.33, moneys advanced for
purposes of the programs developed by early childhood Iowa
areas, advanced for purposes of wraparound child care, or
received from the federal appropriations made for the purposes
of this section that remain unencumbered or unobligated at the
close of the fiscal year shall not revert to any fund but shall
remain available for expenditure for the purposes designated
until the close of the succeeding fiscal year.
Sec. 17. JUVENILE INSTITUTION. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. For operation of the state training school at Eldora and
for salaries, support, maintenance, and miscellaneous purposes,
and for not more than the following full=time equivalent
positions:
.................................................. $ 12,233,420
............................................... FTEs 169.30
a. Of the funds appropriated in this subsection, $91,150
shall be used for distribution to licensed classroom teachers
at this and other institutions under the control of the
department of human services based upon the average student
yearly enrollment at each institution as determined by the
department.
b. The department of human services shall work with the
department of public health to identify substance abuse
treatment programs and resources licensed under chapter
125 to provide appropriate treatment for juveniles with
substance=related disorders at the state training school at
Eldora.
2. A portion of the moneys appropriated in this section
shall be used by the state training school at Eldora for
grants for adolescent pregnancy prevention activities at the
institution in the fiscal year beginning July 1, 2015.
Sec. 18. CHILD AND FAMILY SERVICES.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For child and family services:
.................................................. $ 85,341,938
2. Up to $5,200,000 of the amount of federal temporary
assistance for needy families block grant funding appropriated
in this division of this Act for child and family services
shall be made available for purposes of juvenile delinquent
graduated sanction services.
3. The department may transfer funds appropriated in this
section as necessary to pay the nonfederal costs of services
reimbursed under the medical assistance program, state child
care assistance program, or the family investment program which
are provided to children who would otherwise receive services
paid under the appropriation in this section. The department
may transfer funds appropriated in this section to the
appropriations made in this division of this Act for general
administration and for field operations for resources necessary
to implement and operate the services funded in this section.
4. a. Of the funds appropriated in this section, up to
$35,821,786 is allocated as the statewide expenditure target
under section 232.143 for group foster care maintenance and
services. If the department projects that such expenditures
for the fiscal year will be less than the target amount
allocated in this paragraph "a", the department may reallocate
the excess to provide additional funding for shelter care
or the child welfare emergency services addressed with the
allocation for shelter care.
b. If at any time after September 30, 2015, annualization
of a service area's current expenditures indicates a service
area is at risk of exceeding its group foster care expenditure
target under section 232.143 by more than 5 percent, the
department and juvenile court services shall examine all
group foster care placements in that service area in order to
identify those which might be appropriate for termination.
In addition, any aftercare services believed to be needed
for the children whose placements may be terminated shall be
identified. The department and juvenile court services shall
initiate action to set dispositional review hearings for the
placements identified. In such a dispositional review hearing,
the juvenile court shall determine whether needed aftercare
services are available and whether termination of the placement
is in the best interest of the child and the community.
5. In accordance with the provisions of section 232.188,
the department shall continue the child welfare and juvenile
justice funding initiative during fiscal year 2015=2016. Of
the funds appropriated in this section, $1,717,753 is allocated
specifically for expenditure for fiscal year 2015=2016 through
the decategorization services funding pools and governance
boards established pursuant to section 232.188.
6. A portion of the funds appropriated in this section
may be used for emergency family assistance to provide other
resources required for a family participating in a family
preservation or reunification project or successor project to
stay together or to be reunified.
7. Notwithstanding section 234.35 or any other provision
of law to the contrary, state funding for shelter care and
the child welfare emergency services contracting implemented
to provide for or prevent the need for shelter care shall be
limited to $8,068,474.
8. Federal funds received by the state during the fiscal
year beginning July 1, 2015, as the result of the expenditure
of state funds appropriated during a previous state fiscal
year for a service or activity funded under this section are
appropriated to the department to be used as additional funding
for services and purposes provided for under this section.
Notwithstanding section 8.33, moneys received in accordance
with this subsection that remain unencumbered or unobligated at
the close of the fiscal year shall not revert to any fund but
shall remain available for the purposes designated until the
close of the succeeding fiscal year.
9. a. Of the funds appropriated in this section, up to
$3,290,000 is allocated for the payment of the expenses of
court=ordered services provided to juveniles who are under the
supervision of juvenile court services, which expenses are a
charge upon the state pursuant to section 232.141, subsection
4. Of the amount allocated in this paragraph "a", up to
$1,556,287 shall be made available to provide school=based
supervision of children adjudicated under chapter 232, of which
not more than $15,000 may be used for the purpose of training.
A portion of the cost of each school=based liaison officer
shall be paid by the school district or other funding source as
approved by the chief juvenile court officer.
b. Of the funds appropriated in this section, up to $748,985
is allocated for the payment of the expenses of court=ordered
services provided to children who are under the supervision
of the department, which expenses are a charge upon the state
pursuant to section 232.141, subsection 4.
c. Notwithstanding section 232.141 or any other provision
of law to the contrary, the amounts allocated in this
subsection shall be distributed to the judicial districts
as determined by the state court administrator and to the
department's service areas as determined by the administrator
of the department of human services' division of child and
family services. The state court administrator and the
division administrator shall make the determination of the
distribution amounts on or before June 15, 2015.
d. Notwithstanding chapter 232 or any other provision of
law to the contrary, a district or juvenile court shall not
order any service which is a charge upon the state pursuant
to section 232.141 if there are insufficient court=ordered
services funds available in the district court or departmental
service area distribution amounts to pay for the service. The
chief juvenile court officer and the departmental service area
manager shall encourage use of the funds allocated in this
subsection such that there are sufficient funds to pay for
all court=related services during the entire year. The chief
juvenile court officers and departmental service area managers
shall attempt to anticipate potential surpluses and shortfalls
in the distribution amounts and shall cooperatively request the
state court administrator or division administrator to transfer
funds between the judicial districts' or departmental service
areas' distribution amounts as prudent.
e. Notwithstanding any provision of law to the contrary,
a district or juvenile court shall not order a county to pay
for any service provided to a juvenile pursuant to an order
entered under chapter 232 which is a charge upon the state
under section 232.141, subsection 4.
f. Of the funds allocated in this subsection, not more than
$83,000 may be used by the judicial branch for administration
of the requirements under this subsection.
g. Of the funds allocated in this subsection, $17,000
shall be used by the department of human services to support
the interstate commission for juveniles in accordance with
the interstate compact for juveniles as provided in section
232.173.
10. Of the funds appropriated in this section, $8,053,227 is
allocated for juvenile delinquent graduated sanctions services.
Any state funds saved as a result of efforts by juvenile court
services to earn a federal Tit. IV=E match for juvenile court
services administration may be used for the juvenile delinquent
graduated sanctions services.
11. Of the funds appropriated in this section, $1,608,285 is
transferred to the department of public health to be used for
the child protection center grant program for child protection
centers located in Iowa in accordance with section 135.118.
The grant amounts under the program shall be equalized so that
each center receives a uniform base amount of $245,000, and
the remaining funds shall be awarded through a funding formula
based upon the volume of children served.
12. If the department receives federal approval to
implement a waiver under Tit. IV=E of the federal Social
Security Act to enable providers to serve children who remain
in the children's families and communities, for purposes of
eligibility under the medical assistance program through 25
years of age, children who participate in the waiver shall be
considered to be placed in foster care.
13. Of the funds appropriated in this section, $4,025,167 is
allocated for the preparation for adult living program pursuant
to section 234.46.
14. Of the funds appropriated in this section, $227,337
shall be used for the public purpose of continuing a grant to
a nonprofit human services organization providing services to
individuals and families in multiple locations in southwest
Iowa and Nebraska for support of a project providing immediate,
sensitive support and forensic interviews, medical exams, needs
assessments, and referrals for victims of child abuse and their
nonoffending family members.
15. Of the funds appropriated in this section, $300,620
is allocated for the foster care youth council approach of
providing a support network to children placed in foster care.
16. Of the funds appropriated in this section, $202,000 is
allocated for use pursuant to section 235A.1 for continuation
of the initiative to address child sexual abuse implemented
pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection
21.
17. Of the funds appropriated in this section, $630,240 is
allocated for the community partnership for child protection
sites.
18. Of the funds appropriated in this section, $371,250
is allocated for the department's minority youth and family
projects under the redesign of the child welfare system.
19. Of the funds appropriated in this section, $1,186,595
is allocated for funding of the community circle of care
collaboration for children and youth in northeast Iowa.
20. Of the funds appropriated in this section, at least
$147,158 shall be used for the continuation of the child
welfare provider training academy, a collaboration between the
coalition for family and children's services in Iowa and the
department.
21. Of the funds appropriated in this section, $211,872
shall be used for continuation of the central Iowa system of
care program grant through June 30, 2016.
22. Of the funds appropriated in this section, $235,000
shall be used for the public purpose of the continuation
and expansion of a system of care program grant implemented
in Cerro Gordo and Linn counties to utilize a comprehensive
and long=term approach for helping children and families by
addressing the key areas in a child's life of childhood basic
needs, education and work, family, and community.
23. Of the funds appropriated in this section, at least
$25,000 shall be used to continue and to expand the foster
care respite pilot program in which postsecondary students in
social work and other human services=related programs receive
experience by assisting family foster care providers with
respite and other support.
24. Of the funds appropriated in this section, $110,000
shall be used for the public purpose of funding community=based
services and other supports with a system of care approach
for children with a serious emotional disturbance and their
families through a nonprofit provider of child welfare services
that has been in existence for more than 115 years, is located
in a county with a population of more than 200,000 but less
than 220,000 according to the latest census information
issued by the United States census bureau, is licensed as a
psychiatric medical institution for children, and was a system
of care grantee prior to July 1, 2015.
Sec. 19. ADOPTION SUBSIDY.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For adoption subsidy payments and services:
.................................................. $ 42,998,286
2. The department may transfer funds appropriated in
this section to the appropriation made in this division of
this Act for general administration for costs paid from the
appropriation relating to adoption subsidy.
3. Federal funds received by the state during the
fiscal year beginning July 1, 2015, as the result of the
expenditure of state funds during a previous state fiscal
year for a service or activity funded under this section are
appropriated to the department to be used as additional funding
for the services and activities funded under this section.
Notwithstanding section 8.33, moneys received in accordance
with this subsection that remain unencumbered or unobligated
at the close of the fiscal year shall not revert to any fund
but shall remain available for expenditure for the purposes
designated until the close of the succeeding fiscal year.
Sec. 20. JUVENILE DETENTION HOME FUND. Moneys deposited
in the juvenile detention home fund created in section 232.142
during the fiscal year beginning July 1, 2015, and ending June
30, 2016, are appropriated to the department of human services
for the fiscal year beginning July 1, 2015, and ending June 30,
2016, for distribution of an amount equal to a percentage of
the costs of the establishment, improvement, operation, and
maintenance of county or multicounty juvenile detention homes
in the fiscal year beginning July 1, 2014. Moneys appropriated
for distribution in accordance with this section shall be
allocated among eligible detention homes, prorated on the basis
of an eligible detention home's proportion of the costs of all
eligible detention homes in the fiscal year beginning July
1, 2014. The percentage figure shall be determined by the
department based on the amount available for distribution for
the fund. Notwithstanding section 232.142, subsection 3, the
financial aid payable by the state under that provision for the
fiscal year beginning July 1, 2015, shall be limited to the
amount appropriated for the purposes of this section.
Sec. 21. FAMILY SUPPORT SUBSIDY PROGRAM.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For the family support subsidy program subject to the
enrollment restrictions in section 225C.37, subsection 3:
.................................................. $ 1,073,932
2. The department shall use at least $641,500 of the moneys
appropriated in this section for the family support center
component of the comprehensive family support program under
section 225C.47. Not more than $25,000 of the amount allocated
in this subsection shall be used for administrative costs.
3. If at any time during the fiscal year, the amount of
funding available for the family support subsidy program
is reduced from the amount initially used to establish the
figure for the number of family members for whom a subsidy
is to be provided at any one time during the fiscal year,
notwithstanding section 225C.38, subsection 2, the department
shall revise the figure as necessary to conform to the amount
of funding available.
Sec. 22. CONNER DECREE. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2015, and ending June 30,
2016, the following amount, or so much thereof as is necessary,
to be used for the purpose designated:
For building community capacity through the coordination
and provision of training opportunities in accordance with the
consent decree of Conner v. Branstad, No. 4=86=CV=30871(S.D.
Iowa, July 14, 1994):
.................................................. $ 33,632
Sec. 23. MENTAL HEALTH INSTITUTES. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the following amounts, or so much thereof as
is necessary, to be used for the purposes designated, which
amounts shall not be transferred or expended for any purpose
other than the purposes designated, notwithstanding section
218.6 to the contrary:
1. For operation of the state mental health institute at
Cherokee as required by chapters 218 and 226 for salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 5,545,616
............................................... FTEs 169.20
2. For operation of the state mental health institute at
Independence as required by chapters 218 and 226 for salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 10,324,209
............................................... FTEs 233.00
3. For operation of the state mental health institute
at Mount Pleasant as required by chapters 218 and 226, for
purposes of providing adult psychiatric services including
inpatient acute care, inpatient substance abuse treatment, and
inpatient dual diagnosis substance use disorder and mental
illness treatment, at the same level of care and treatment as
provided on July 1, 2014, for salaries, support, maintenance,
and miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 6,424,880
............................................... FTEs 97.68
Sec. 24. STATE RESOURCE CENTERS.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
a. For the state resource center at Glenwood for salaries,
support, maintenance, and miscellaneous purposes:
.................................................. $ 21,524,482
b. For the state resource center at Woodward for salaries,
support, maintenance, and miscellaneous purposes:
.................................................. $ 14,583,806
2. The department may continue to bill for state resource
center services utilizing a scope of services approach used for
private providers of intermediate care facilities for persons
with an intellectual disability services, in a manner which
does not shift costs between the medical assistance program,
counties, or other sources of funding for the state resource
centers.
3. The state resource centers may expand the time=limited
assessment and respite services during the fiscal year.
4. If the department's administration and the department
of management concur with a finding by a state resource
center's superintendent that projected revenues can reasonably
be expected to pay the salary and support costs for a new
employee position, or that such costs for adding a particular
number of new positions for the fiscal year would be less
than the overtime costs if new positions would not be added,
the superintendent may add the new position or positions. If
the vacant positions available to a resource center do not
include the position classification desired to be filled, the
state resource center's superintendent may reclassify any
vacant position as necessary to fill the desired position. The
superintendents of the state resource centers may, by mutual
agreement, pool vacant positions and position classifications
during the course of the fiscal year in order to assist one
another in filling necessary positions.
5. If existing capacity limitations are reached in
operating units, a waiting list is in effect for a service or
a special need for which a payment source or other funding
is available for the service or to address the special need,
and facilities for the service or to address the special need
can be provided within the available payment source or other
funding, the superintendent of a state resource center may
authorize opening not more than two units or other facilities
and begin implementing the service or addressing the special
need during fiscal year 2015=2016.
Sec. 25. SEXUALLY VIOLENT PREDATORS.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For costs associated with the commitment and treatment of
sexually violent predators in the unit located at the state
mental health institute at Cherokee, including costs of legal
services and other associated costs, including salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 9,893,079
............................................... FTEs 132.50
2. Unless specifically prohibited by law, if the amount
charged provides for recoupment of at least the entire amount
of direct and indirect costs, the department of human services
may contract with other states to provide care and treatment
of persons placed by the other states at the unit for sexually
violent predators at Cherokee. The moneys received under
such a contract shall be considered to be repayment receipts
and used for the purposes of the appropriation made in this
section.
Sec. 26. FIELD OPERATIONS. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2015, and ending June 30,
2016, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For field operations, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 58,920,976
............................................... FTEs 1,837.00
1. As a condition of this appropriation, the department
shall make every possible effort to fill the entire number of
positions authorized by this section and, unless specifically
provided otherwise by an applicable collective bargaining
agreement, the department is not subject to any approval
requirement external to the department to fill a field
operations vacancy within the number of full=time equivalent
positions authorized by this section. The department shall
report on the first of each month to the chairpersons and
ranking members of the appropriations committees of the senate
and house of representatives, and the persons designated by
this Act for submission of reports concerning the status of
filling the positions.
2. Priority in filling full=time equivalent positions
shall be given to those positions related to child protection
services and eligibility determination for low=income families.
Sec. 27. GENERAL ADMINISTRATION. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2015, and ending
June 30, 2016, the following amount, or so much thereof as is
necessary, to be used for the purpose designated:
For general administration, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 14,898,198
............................................... FTEs 309.00
1. Of the funds appropriated in this section, $25,000 is
allocated for the prevention of disabilities policy council
created in section 225B.3.
2. The department shall report at least monthly to the
legislative services agency concerning the department's
operational and program expenditures.
3. Of the funds appropriated in this section, $150,000 shall
be used to continue the contract for the provision of a program
to provide technical assistance, support, and consultation to
providers of habilitation services and home and community=based
services waiver services for adults with disabilities under the
medical assistance program.
4. Of the funds appropriated in this section, $50,000
is transferred to the Iowa finance authority to be used
for administrative support of the council on homelessness
established in section 16.2D and for the council to fulfill its
duties in addressing and reducing homelessness in the state.
5. Of the funds appropriated in this section, $250,000
shall be transferred to and deposited in the administrative
fund of the Iowa ABLE savings plan trust created in section
12I.4, if enacted in this Act, to be used for implementation
and administration activities of the Iowa ABLE savings plan
trust. Such activities may include the funding of a program
manager position, the issuance of a request for proposals,
and creation of an informational internet site, but shall not
include funding for marketing. The appropriation made in this
section is deemed to meet the requirement in the section of
the division of this Act, if enacted, relating to contingent
implementation of chapter 12I.
Sec. 28. VOLUNTEERS. There is appropriated from the general
fund of the state to the department of human services for the
fiscal year beginning July 1, 2015, and ending June 30, 2016,
the following amount, or so much thereof as is necessary, to be
used for the purpose designated:
For development and coordination of volunteer services:
.................................................. $ 84,686
Sec. 29. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
DEPARTMENT OF HUMAN SERVICES.
1. a. (1) For the fiscal year beginning July 1, 2015,
the total state funding amount for the nursing facility budget
shall not exceed $151,421,158.
(2) For the fiscal year beginning July 1, 2015, the
department shall rebase case=mix nursing facility rates
effective July 1, 2015. However, total nursing facility budget
expenditures, including both case=mix and noncase=mix, shall
not exceed the amount specified in subparagraph (1). When
calculating case=mix per diem cost and the patient=day=weighted
medians used in rate=setting for nursing facilities effective
July 1, 2015, the inflation factor applied from the midpoint
of the cost report period to the first day of the state fiscal
year rate period shall be adjusted to maintain state funding
within the amount specified in subparagraph (1).
(3) The department, in cooperation with nursing facility
representatives, shall review projections for state funding
expenditures for reimbursement of nursing facilities on a
quarterly basis and the department shall determine if an
adjustment to the medical assistance reimbursement rate is
necessary in order to provide reimbursement within the state
funding amount for the fiscal year. Notwithstanding 2001
Iowa Acts, chapter 192, section 4, subsection 2, paragraph
"c", and subsection 3, paragraph "a", subparagraph (2),
if the state funding expenditures for the nursing facility
budget for the fiscal year are projected to exceed the amount
specified in subparagraph (1), the department shall adjust
the reimbursement for nursing facilities reimbursed under the
case=mix reimbursement system to maintain expenditures of the
nursing facility budget within the specified amount for the
fiscal year.
(4) For the fiscal year beginning July 1, 2015, special
population nursing facilities shall be reimbursed in accordance
with the methodology in effect on June 30, 2015.
(5) For any open or unsettled nursing facility cost report
for a fiscal year prior to and including the fiscal year
beginning July 1, 2014, including any cost report remanded on
judicial review for inclusion of prescription drug, laboratory,
or x=ray costs, the department shall offset all reported
prescription drug, laboratory, and x=ray costs with any revenue
received from Medicare or other revenue source for any purpose.
For purposes of this subparagraph, a nursing facility cost
report is not considered open or unsettled if the facility did
not initiate an administrative appeal under chapter 17A or if
any appeal rights initiated have been exhausted.
b. (1) For the fiscal year beginning July 1, 2015,
the department shall establish the pharmacy dispensing fee
reimbursement at $11.73 per prescription as determined by the
June 2014 cost of dispensing fee survey.
(2) The department shall utilize an average acquisition
cost reimbursement methodology for all drugs covered under the
medical assistance program in accordance with 2012 Iowa Acts,
chapter 1133, section 33.
(3) Notwithstanding subparagraph (2), if the centers for
Medicare and Medicaid services of the United States department
of health and human services (CMS) requires, as a condition
of federal Medicaid funding, that the department implement an
aggregate federal upper limit (FUL) for drug reimbursement
based on the average manufacturer's price (AMP), the department
may utilize a reimbursement methodology for all drugs covered
under the Medicaid program based on the national average drug
acquisition cost (NADAC) methodology published by CMS, in order
to assure compliance with the aggregate FUL, minimize outcomes
of drug reimbursements below pharmacy acquisition costs, limit
administrative costs, and minimize any change in the aggregate
reimbursement for drugs. The department may adopt emergency
rules to implement this subparagraph.
c. (1) For the fiscal year beginning July 1, 2015,
reimbursement rates for outpatient hospital services shall
remain at the rates in effect on June 30, 2015, subject to
Medicaid program upper payment limit rules, and adjusted
as necessary to maintain expenditures within the amount
appropriated to the department for this purpose for the fiscal
year.
(2) For the fiscal year beginning July 1, 2015,
reimbursement rates for inpatient hospital services shall
be rebased effective October 1, 2015, subject to Medicaid
program upper payment limit rules, and adjusted as necessary
to maintain expenditures within the amount appropriated to the
department for this purpose for the fiscal year.
(3) For the fiscal year beginning July 1, 2015, the graduate
medical education and disproportionate share hospital fund
shall remain at the amount in effect on June 30, 2015, except
that the portion of the fund attributable to graduate medical
education shall be reduced in an amount that reflects the
elimination of graduate medical education payments made to
out=of=state hospitals.
(4) In order to ensure the efficient use of limited state
funds in procuring health care services for low=income Iowans,
funds appropriated in this Act for hospital services shall
not be used for activities which would be excluded from a
determination of reasonable costs under the federal Medicare
program pursuant to 42 U.S.C. {1395x(v)(1)(N).
d. For the fiscal year beginning July 1, 2015, reimbursement
rates for rural health clinics, hospices, and acute mental
hospitals shall be increased in accordance with increases under
the federal Medicare program or as supported by their Medicare
audited costs.
e. For the fiscal year beginning July 1, 2015, independent
laboratories and rehabilitation agencies shall be reimbursed
using the same methodology in effect on June 30, 2015.
f. (1) For the fiscal year beginning July 1, 2015,
reimbursement rates for home health agencies shall continue to
be based on the Medicare low utilization payment adjustment
(LUPA) methodology with state geographic wage adjustments, and
updated to reflect the most recent Medicare LUPA rates.
(2) For the fiscal year beginning July 1, 2015, rates for
private duty nursing and personal care services under the early
and periodic screening, diagnostic, and treatment program
benefit shall be calculated based on the methodology in effect
on June 30, 2015.
g. For the fiscal year beginning July 1, 2015, federally
qualified health centers shall receive cost=based reimbursement
for 100 percent of the reasonable costs for the provision of
services to recipients of medical assistance.
h. For the fiscal year beginning July 1, 2015, the
reimbursement rates for dental services shall remain at the
rates in effect on June 30, 2015.
i. (1) For the fiscal year beginning July 1, 2015,
state=owned psychiatric medical institutions for children shall
receive cost=based reimbursement for 100 percent of the actual
and allowable costs for the provision of services to recipients
of medical assistance.
(2) For the nonstate=owned psychiatric medical institutions
for children, reimbursement rates shall be based on the
reimbursement methodology developed by the Medicaid managed
care contractor for behavioral health services as required for
federal compliance.
(3) As a condition of participation in the medical
assistance program, enrolled providers shall accept the medical
assistance reimbursement rate for any covered goods or services
provided to recipients of medical assistance who are children
under the custody of a psychiatric medical institution for
children.
j. For the fiscal year beginning July 1, 2015, unless
otherwise specified in this Act, all noninstitutional medical
assistance provider reimbursement rates shall remain at the
rates in effect on June 30, 2015, except for area education
agencies, local education agencies, infant and toddler
services providers, home and community=based services providers
including consumer=directed attendant care providers under a
section 1915(c) or 1915(i) waiver, targeted case management
providers, and those providers whose rates are required to be
determined pursuant to section 249A.20.
k. Notwithstanding any provision to the contrary, for the
fiscal year beginning July 1, 2015, the reimbursement rate for
anesthesiologists shall remain at the rate in effect on June
30, 2015.
l. Notwithstanding section 249A.20, for the fiscal year
beginning July 1, 2015, the average reimbursement rate for
health care providers eligible for use of the federal Medicare
resource=based relative value scale reimbursement methodology
under section 249A.20 shall remain at the rate in effect on
June 30, 2015; however, this rate shall not exceed the maximum
level authorized by the federal government.
m. For the fiscal year beginning July 1, 2015, the
reimbursement rate for residential care facilities shall not
be less than the minimum payment level as established by the
federal government to meet the federally mandated maintenance
of effort requirement. The flat reimbursement rate for
facilities electing not to file annual cost reports shall not
be less than the minimum payment level as established by the
federal government to meet the federally mandated maintenance
of effort requirement.
n. For the fiscal year beginning July 1, 2015, the
reimbursement rates for inpatient mental health services
provided at hospitals shall be rebased effective October 1,
2015, subject to Medicaid program upper payment limit rules,
and adjusted as necessary to maintain expenditures within the
amount appropriated to the department for this purpose for
the fiscal year; and psychiatrists shall be reimbursed at the
medical assistance program fee=for=service rate in effect on
June 30, 2015.
o. For the fiscal year beginning July 1, 2015, community
mental health centers may choose to be reimbursed for the
services provided to recipients of medical assistance through
either of the following options:
(1) For 100 percent of the reasonable costs of the services.
(2) In accordance with the alternative reimbursement rate
methodology established by the medical assistance program's
managed care contractor for mental health services and approved
by the department of human services.
p. For the fiscal year beginning July 1, 2015, the
reimbursement rate for providers of family planning services
that are eligible to receive a 90 percent federal match shall
remain at the rates in effect on June 30, 2015.
q. For the fiscal year beginning July 1, 2015, the upper
limits on reimbursement rates for providers of home and
community=based services waiver services shall be increased
to the extent possible within the $1 million of state funding
appropriated for this purpose.
r. For the fiscal year beginning July 1, 2015, the
reimbursement rates for emergency medical service providers
shall remain at the rates in effect on June 30, 2015.
s. For the fiscal year beginning July 1, 2015, reimbursement
rates for substance=related disorder treatment programs
licensed under section 125.13 shall be increased by 3 percent
over the rates in effect on June 30, 2015.
2. For the fiscal year beginning July 1, 2015, the
reimbursement rate for providers reimbursed under the
in=home=related care program shall not be less than the minimum
payment level as established by the federal government to meet
the federally mandated maintenance of effort requirement.
3. Unless otherwise directed in this section, when the
department's reimbursement methodology for any provider
reimbursed in accordance with this section includes an
inflation factor, this factor shall not exceed the amount
by which the consumer price index for all urban consumers
increased during the calendar year ending December 31, 2002.
4. For the fiscal year beginning July 1, 2015, the foster
family basic daily maintenance rate and the maximum adoption
subsidy rate for children ages 0 through 5 years shall be
$16.78, the rate for children ages 6 through 11 years shall be
$17.45, the rate for children ages 12 through 15 years shall
be $19.10, and the rate for children and young adults ages 16
and older shall be $19.35. For youth ages 18 to 21 who have
exited foster care, the preparation for adult living program
maintenance rate shall be $602.70 per month. The maximum
payment for adoption subsidy nonrecurring expenses shall be
limited to $500 and the disallowance of additional amounts
for court costs and other related legal expenses implemented
pursuant to 2010 Iowa Acts, chapter 1031, section 408, shall
be continued.
5. For the fiscal year beginning July 1, 2015, the maximum
reimbursement rates for social services providers under
contract shall remain at the rates in effect on June 30, 2015,
or the provider's actual and allowable cost plus inflation for
each service, whichever is less. However, if a new service
or service provider is added after June 30, 2015, the initial
reimbursement rate for the service or provider shall be based
upon a weighted average of provider rates for similar services.
6. For the fiscal year beginning July 1, 2015, the
reimbursement rates for resource family recruitment and
retention contractors, child welfare emergency services
contractors, and supervised apartment living foster care
providers shall be increased by 5 percent over the rates in
effect on June 30, 2015.
7. a. For the purposes of this subsection, "combined
reimbursement rate" means the combined service and maintenance
reimbursement rate for a service level under the department's
reimbursement methodology. Effective July 1, 2015, the
combined reimbursement rate for a group foster care service
level shall be the amount designated in this subsection.
However, if a group foster care provider's reimbursement rate
for a service level as of June 30, 2015, is more than the rate
designated in this subsection, the provider's reimbursement
shall remain at the higher rate.
b. Unless a group foster care provider is subject to the
exception provided in paragraph "a", effective July 1, 2015,
the combined reimbursement rates for the service levels under
the department's reimbursement methodology shall be as follows:
(1) For service level, community = D1, the daily rate shall
be at least $84.17.
(2) For service level, comprehensive = D2, the daily rate
shall be at least $119.09.
(3) For service level, enhanced = D3, the daily rate shall
be at least $131.09.
8. The group foster care reimbursement rates paid for
placement of children out of state shall be calculated
according to the same rate=setting principles as those used for
in=state providers, unless the director of human services or
the director's designee determines that appropriate care cannot
be provided within the state. The payment of the daily rate
shall be based on the number of days in the calendar month in
which service is provided.
9. a. For the fiscal year beginning July 1, 2015, the
reimbursement rate paid for shelter care and the child welfare
emergency services implemented to provide or prevent the need
for shelter care shall be established by contract.
b. For the fiscal year beginning July 1, 2015, the combined
service and maintenance components of the reimbursement rate
paid for shelter care services shall be based on the financial
and statistical report submitted to the department. The
maximum reimbursement rate shall be $101.83 per day. The
department shall reimburse a shelter care provider at the
provider's actual and allowable unit cost, plus inflation, not
to exceed the maximum reimbursement rate.
c. Notwithstanding section 232.141, subsection 8, for the
fiscal year beginning July 1, 2015, the amount of the statewide
average of the actual and allowable rates for reimbursement of
juvenile shelter care homes that is utilized for the limitation
on recovery of unpaid costs shall remain at the amount in
effect for this purpose in the fiscal year beginning July 1,
2014.
10. For the fiscal year beginning July 1, 2015, the
department shall calculate reimbursement rates for intermediate
care facilities for persons with an intellectual disability
at the 80th percentile. Beginning July 1, 2015, the rate
calculation methodology shall utilize the consumer price index
inflation factor applicable to the fiscal year beginning July
1, 2015.
11. For the fiscal year beginning July 1, 2015, for child
care providers reimbursed under the state child care assistance
program, the department shall set provider reimbursement
rates based on the rate reimbursement survey completed in
December 2004. Effective July 1, 2015, the child care provider
reimbursement rates shall remain at the rates in effect on June
30, 2015. The department shall set rates in a manner so as
to provide incentives for a nonregistered provider to become
registered by applying the increase only to registered and
licensed providers.
12. For the fiscal year beginning July 1, 2015, if the
centers for Medicare and Medicaid services of the United
States department of health and human services approves the
waivers necessary to implement medical assistance program
managed care applicable to any providers or services subject to
reimbursement under this section, notwithstanding any provision
to the contrary under this section, affected providers or
services shall instead be reimbursed as follows:
a. For fee=for=service claims, reimbursement shall be
calculated based on the methodology otherwise specified in this
section for the fiscal year beginning July 1, 2015, for the
respective provider or service.
b. For claims subject to a managed care contract,
reimbursement shall be based on the methodology established
by the managed care organization contract. However, any
reimbursement established under such contract shall not be
lower than the reimbursement otherwise specified in this
section for the fiscal year beginning July 1, 2015, for the
respective provider or service.
13. The department may adopt emergency rules to implement
this section.
Sec. 30. EMERGENCY RULES.
1. If specifically authorized by a provision of this
division of this Act, the department of human services or
the mental health and disability services commission may
adopt administrative rules under section 17A.4, subsection
3, and section 17A.5, subsection 2, paragraph "b", to
implement the provisions of this division of this Act and
the rules shall become effective immediately upon filing or
on a later effective date specified in the rules, unless the
effective date of the rules is delayed or the applicability
of the rules is suspended by the administrative rules review
committee. Any rules adopted in accordance with this section
shall not take effect before the rules are reviewed by the
administrative rules review committee. The delay authority
provided to the administrative rules review committee under
section 17A.4, subsection 7, and section 17A.8, subsection 9,
shall be applicable to a delay imposed under this section,
notwithstanding a provision in those sections making them
inapplicable to section 17A.5, subsection 2, paragraph "b".
Any rules adopted in accordance with the provisions of this
section shall also be published as a notice of intended action
as provided in section 17A.4.
2. If during a fiscal year, the department of human
services is adopting rules in accordance with this section
or as otherwise directed or authorized by state law, and the
rules will result in an expenditure increase beyond the amount
anticipated in the budget process or if the expenditure was
not addressed in the budget process for the fiscal year, the
department shall notify the persons designated by this division
of this Act for submission of reports, the chairpersons and
ranking members of the committees on appropriations, and
the department of management concerning the rules and the
expenditure increase. The notification shall be provided at
least 30 calendar days prior to the date notice of the rules
is submitted to the administrative rules coordinator and the
administrative code editor.
Sec. 31. REPORTS. Any reports or other information
required to be compiled and submitted under this Act during the
fiscal year beginning July 1, 2015, shall be submitted to the
chairpersons and ranking members of the joint appropriations
subcommittee on health and human services, the legislative
services agency, and the legislative caucus staffs on or
before the dates specified for submission of the reports or
information.
Sec. 32. TRANSFER OF MEDICAID MODERNIZATION SAVINGS BETWEEN
APPROPRIATIONS FY 2015=2016. Notwithstanding section 8.39,
subsection 1, for the fiscal year beginning July 1, 2015, if
savings resulting from the governor's Medicaid modernization
initiative accrue to the medical contracts or children's health
insurance program appropriation from the general fund of the
state and not to the medical assistance appropriation from the
general fund of the state under this division of this Act,
such savings may be transferred to such medical assistance
appropriation for the same fiscal year without prior written
consent and approval of the governor and the director of the
department of management. The department of human services
shall report any transfers made pursuant to this section to the
legislative services agency.
Sec. 33. EFFECTIVE UPON ENACTMENT. The following
provisions of this division of this Act, being deemed of
immediate importance, take effect upon enactment:
1. The provision relating to section 232.141 and directing
the state court administrator and the division administrator of
the department of human services division of child and family
services to make the determination, by June 15, 2015, of the
distribution of funds allocated for the payment of the expenses
of court=ordered services provided to juveniles which are a
charge upon the state.
DIVISION VI
HEALTH CARE ACCOUNTS AND FUNDS ==== FY 2015=2016
Sec. 34. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is
appropriated from the pharmaceutical settlement account created
in section 249A.33 to the department of human services for the
fiscal year beginning July 1, 2015, and ending June 30, 2016,
the following amount, or so much thereof as is necessary, to be
used for the purpose designated:
Notwithstanding any provision of law to the contrary, to
supplement the appropriations made in this Act for medical
contracts under the medical assistance program for the fiscal
year beginning July 1, 2015, and ending June 30, 2016:
.................................................. $ 2,002,176
Sec. 35. QUALITY ASSURANCE TRUST FUND ==== DEPARTMENT OF HUMAN
SERVICES. Notwithstanding any provision to the contrary and
subject to the availability of funds, there is appropriated
from the quality assurance trust fund created in section
249L.4 to the department of human services for the fiscal year
beginning July 1, 2015, and ending June 30, 2016, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
To supplement the appropriation made in this Act from the
general fund of the state to the department of human services
for medical assistance for the same fiscal year:
.................................................. $ 37,205,208
Sec. 36. HOSPITAL HEALTH CARE ACCESS TRUST FUND ====
DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to
the contrary and subject to the availability of funds, there is
appropriated from the hospital health care access trust fund
created in section 249M.4 to the department of human services
for the fiscal year beginning July 1, 2015, and ending June
30, 2016, the following amounts, or so much thereof as is
necessary, for the purposes designated:
To supplement the appropriation made in this Act from the
general fund of the state to the department of human services
for medical assistance for the same fiscal year:
.................................................. $ 34,700,000
Sec. 37. MEDICAL ASSISTANCE PROGRAM ==== NONREVERSION
FOR FY 2015=2016. Notwithstanding section 8.33, if moneys
appropriated for purposes of the medical assistance program for
the fiscal year beginning July 1, 2015, and ending June 30,
2016, from the general fund of the state, the quality assurance
trust fund and the hospital health care access trust fund, are
in excess of actual expenditures for the medical assistance
program and remain unencumbered or unobligated at the close
of the fiscal year, the excess moneys shall not revert but
shall remain available for expenditure for the purposes of the
medical assistance program until the close of the succeeding
fiscal year.
DIVISION VII
PATIENT=CENTERED HEALTH ADVISORY COUNCIL
Sec. 38. Section 135.159, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2015, is amended to read as
follows:
The department shall establish an a patient=centered health
advisory council which shall include but is not limited to
all of the following members, selected by their respective
organizations, and any other members the department determines
necessary to assist in the department's duties at various
stages of development of the medical home system:
Sec. 39. Section 135.159, subsection 2, paragraph b, Code
2015, is amended to read as follows:
b. Public members of the patient=centered health advisory
council shall receive reimbursement for actual expenses
incurred while serving in their official capacity only if they
are not eligible for reimbursement by the organization that
they represent.
Sec. 40. Section 135.159, subsection 10, Code 2015, is
amended to read as follows:
10. The department shall integrate the recommendations and
policies developed pursuant to section 135.161, Code 2011, into
the medical home system and shall incorporate the development
and implementation of the state initiative for prevention
and chronic care management as developed pursuant to section
135.161, Code 2011, into the duties of the medical home system
patient=centered health advisory council beginning January 1,
2012.
Sec. 41. CODE EDITOR DIRECTIVE. The Code editor shall amend
the headnote of section 135.159, Code 2015, to read Medical home
system ==== patient=centered health advisory council ==== development
and implementation.
DIVISION VIII
PRIOR YEAR APPROPRIATIONS AND OTHER PRIOR PROVISIONS
DECATEGORIZATION ==== FY 2014=2015
Sec. 42. DECATEGORIZATION CARRYOVER FUNDING ==== TRANSFER TO
MEDICAID PROGRAM. Notwithstanding section 232.188, subsection
5, paragraph "b", any state appropriated moneys in the funding
pool that remained unencumbered or unobligated at the close
of the fiscal year beginning July 1, 2012, and were deemed
carryover funding to remain available for the two succeeding
fiscal years that still remain unencumbered or unobligated at
the close of the fiscal year beginning July 1, 2014, shall
not revert but shall be transferred to the medical assistance
program for the fiscal year beginning July 1, 2014.
COMMUNITY MENTAL HEALTH SERVICES APPROPRIATION ==== FY 2014=2015
Sec. 43. 2013 Iowa Acts, chapter 136, section 2, subsection
1, paragraph c, is amended to read as follows:
c. The department shall allocate not less than 95 percent
of the amount of the block grant each federal fiscal year
to eligible community mental health services providers for
carrying out the plan submitted to and approved by the federal
substance abuse and mental health services administration
for the fiscal year involved, except that for federal fiscal
year 2014=2015, $1,643,467 of such federal block grant funds
shall be used for child and family services pursuant to 2013
Iowa Acts, chapter 138, section 148, as amended by 2014 Iowa
Acts, chapter 1140, section 25, for the purposes of 2014 Iowa
Acts, chapter 1140, section 25, subsection 20, relating to
the community circle of care collaboration for children and
youth in northeast Iowa, subsection 24 relating to the central
Iowa system of care program grant, subsection 25 relating
to the system of care grant implemented in Cerro Gordo and
Linn counties, and subsection 27 relating to a system of care
approach for children with a serious emotional disturbance and
their families through a nonprofit provider of child welfare
services licensed as a psychiatric medical institution for
children.
TEMPORARY ASSISTANCE FOR NEEDY FAMILIES ==== FY 2014=2015
Sec. 44. 2013 Iowa Acts, chapter 138, section 136,
subsections 1, 2, 6, and 13, as amended by 2014 Iowa Acts,
chapter 1140, section 9, are amended to read as follows:
1. To be credited to the family investment program account
and used for assistance under the family investment program
under chapter 239B:
.................................................. $ 9,879,488
6,281,222
2. To be credited to the family investment program account
and used for the job opportunities and basic skills (JOBS)
program and implementing family investment agreements in
accordance with chapter 239B:
.................................................. $ 11,091,911
10,232,340
6. For state child care assistance:
.................................................. $ 35,047,110
41,210,239
a. Of the funds appropriated in this subsection,
$26,347,110 $26,332,712 is transferred to the child care and
development block grant appropriation made by the Eighty=fifth
General Assembly, 2013 Session, in 2013 Iowa Acts, chapter 136,
section 14 for the federal fiscal year beginning October 1,
2014, and ending September 30, 2015. Of this amount, $200,000
shall be used for provision of educational opportunities to
registered child care home providers in order to improve
services and programs offered by this category of providers
and to increase the number of providers. The department may
contract with institutions of higher education or child care
resource and referral centers to provide the educational
opportunities. Allowable administrative costs under the
contracts shall not exceed 5 percent. The application for a
grant shall not exceed two pages in length.
b. Any funds appropriated in this subsection remaining
unallocated shall be used for state child care assistance
payments for families who are employed, including but not
limited to individuals enrolled in the family investment
program who are employed.
13. a. Notwithstanding any provision to the contrary,
including but not limited to requirements in section 8.41 or
provisions in 2013 or 2014 Iowa Acts regarding the receipt and
appropriation of federal block grants, federal funds from the
temporary assistance for needy families block grant received
by the state not otherwise appropriated in this section and
remaining available for the fiscal year beginning July 1, 2014,
are appropriated to the department of human services to the
extent as may be necessary to be used in the following priority
order: the family investment program, for state child care
assistance program payments for individuals enrolled in the
family investment program families who are employed, and for
the family investment program share of costs to develop and
maintain a new, integrated eligibility determination system.
The federal funds appropriated in this paragraph "a" shall be
expended only after all other funds appropriated in subsection
1 for the assistance under the family investment program,
in subsection 6 for child care assistance, or in subsection
12 for the family investment program share of the costs to
continue to develop and maintain a new, integrated eligibility
determination system, as applicable, have been expended. For
the purposes of this subsection, the funds appropriated in
subsection 6, paragraph "a", for transfer to the child care and
development block grant are considered fully expended when the
full amount has been transferred.
b. The department shall, on a quarterly basis, advise the
legislative services agency and department of management of
the amount of funds appropriated in this subsection that was
expended in the prior quarter.
CHILD SUPPORT RECOVERY UNIT ==== CARRYFORWARD FUNDING ==== TRANSFER
TO MEDICAID PROGRAM FOR FY 2015=2016
Sec. 45. 2013 Iowa Acts, chapter 138, section 139, as
amended by 2014 Iowa Acts, chapter 1140, section 12, is amended
by adding the following new subsection:
NEW SUBSECTION. 5. Notwithstanding section 8.33, moneys
appropriated in this section that remain unencumbered or
unobligated at the close of the fiscal year ending June 30,
2015, shall not revert but shall be transferred to the medical
assistance appropriation for the fiscal year beginning July 1,
2015, to be used for the medical assistance program for that
fiscal year.
MEDICAL ASSISTANCE ==== FY 2014=2015
Sec. 46. 2013 Iowa Acts, chapter 139, section 142,
unnumbered paragraph 2, as amended by 2014 Iowa Acts, chapter
1140, section 14, is amended to read as follows:
For medical assistance program reimbursement and associated
costs as specifically provided in the reimbursement
methodologies in effect on June 30, 2014, except as otherwise
expressly authorized by law, consistent with options under
federal law and regulations, and contingent upon receipt of
approval from the office of the governor of reimbursement for
each abortion performed under the program:
.................................................. $1,250,658,393
1,266,486,529
DISPROPORTIONATE SHARE HOSPITAL ==== FY 2014=2015
Sec. 47. 2013 Iowa Acts, chapter 138, section 142,
subsection 11, paragraph a, unnumbered paragraph 1, as amended
by 2014 Iowa Acts, chapter 1140, section 15, is amended to read
as follows:
Of the funds appropriated in this section, $8,391,922
$5,591,922 is allocated for the state match for a
disproportionate share hospital payment of $19,133,430
$12,749,481 to hospitals that meet both of the conditions
specified in subparagraphs (1) and (2). In addition, the
hospitals that meet the conditions specified shall either
certify public expenditures or transfer to the medical
assistance program an amount equal to provide the nonfederal
share for a disproportionate share hospital payment of
$7,500,000 $13,883,949. The hospitals that meet the conditions
specified shall receive and retain 100 percent of the total
disproportionate share hospital payment of $26,633,430.
MEDICAL CONTRACTS CARRYFORWARD FUNDING ==== TRANSFER TO MEDICAID
PROGRAM FOR FY 2015=2016
Sec. 48. 2013 Iowa Acts, chapter 138, section 143, as
amended by 2014 Iowa Acts, chapter 1140, section 19, is amended
by adding the following new subsection:
NEW SUBSECTION. 9. Notwithstanding section 8.33, moneys
appropriated in this section that remain unencumbered
or unobligated at the close of the fiscal year shall not
revert but shall be transferred to the medical assistance
appropriation for the fiscal year beginning July 1, 2015, to be
used for the medical assistance program for that fiscal year.
STATE SUPPLEMENTARY ASSISTANCE ==== CARRYFORWARD FUNDING ====
TRANSFER TO MEDICAID PROGRAM FOR FY 2015=2016
Sec. 49. 2013 Iowa Acts, chapter 138, section 144, as
amended by 2014 Iowa Acts, chapter 1140, section 20, is amended
by adding the following new subsection:
NEW SUBSECTION. 4. Notwithstanding section 8.33, moneys
appropriated in this section that remain unencumbered
or unobligated at the close of the fiscal year shall not
revert but shall be transferred to the medical assistance
appropriation for the fiscal year beginning July 1, 2015, to be
used for the medical assistance program for that fiscal year.
CHILDREN'S HEALTH INSURANCE PROGRAM/HEALTHY AND WELL KIDS IN
IOWA PROGRAM CARRYFORWARD FUNDING ==== TRANSFER TO MEDICAID
PROGRAM FOR FY 2015=2016
Sec. 50. 2013 Iowa Acts, chapter 138, section 145, as
amended by 2014 Iowa Acts, chapter 1140, section 21, is amended
by adding the following new subsection:
NEW SUBSECTION. 3. Notwithstanding section 8.33, moneys
appropriated in this section that remain unencumbered
or unobligated at the close of the fiscal year shall not
revert but shall be transferred to the medical assistance
appropriation for the fiscal year beginning July 1, 2015, to be
used for the medical assistance program for that same fiscal
year.
CHILD CARE ASSISTANCE ==== FY 2014=2015
Sec. 51. 2013 Iowa Acts, chapter 138, section 146,
unnumbered paragraphs 1 and 2, as amended by 2014 Iowa Acts,
chapter 1140, section 22, are amended to read as follows:
There is appropriated from the general fund of the state to
the department of human services for the fiscal year beginning
July 1, 2014, and ending June 30, 2015, the following amount,
or so much thereof as is necessary, to be used for the purpose
designated:
For child care programs:
.................................................. $ 47,132,080
36,303,944
Sec. 52. 2013 Iowa Acts, chapter 138, section 146,
subsection 1, as amended by 2014 Iowa Acts, chapter 1140,
section 22, is amended to read as follows:
1. Of the funds appropriated in this section, $39,412,653
$28,484,517 shall be used for state child care assistance in
accordance with section 237A.13.
CHILD AND FAMILY SERVICES ==== CARRYFORWARD FUNDING ==== TRANSFER
TO MEDICAID PROGRAM FOR FY 2015=2016
Sec. 53. 2013 Iowa Acts, chapter 138, section 148, as
amended by 2014 Iowa Acts, chapter 1140, section 25, is amended
by adding the following new subsection:
NEW SUBSECTION. 29. Notwithstanding section 8.33, of the
moneys appropriated in this section that remain unencumbered or
unobligated at the close of the fiscal year, $8,293,467 shall
not revert but shall be transferred to the medical assistance
appropriation for the fiscal year beginning July 1, 2015, to be
used for the medical assistance program for that fiscal year.
ADOPTION SUBSIDY ==== CARRYFORWARD FUNDING ==== TRANSFER TO
MEDICAID PROGRAM FOR FY 2015=2016
Sec. 54. 2013 Iowa Acts, chapter 138, section 149, as
amended by 2014 Iowa Acts, chapter 1140, section 26, is amended
by adding the following new subsection:
NEW SUBSECTION. 4. Notwithstanding section 8.33, moneys
appropriated in this section that remain unencumbered
or unobligated at the close of the fiscal year shall not
revert but shall be transferred to the medical assistance
appropriation for the fiscal year beginning July 1, 2015, to be
used for the medical assistance program for that fiscal year.
FAMILY SUPPORT SUBSIDY ==== CARRYFORWARD FUNDING ==== TRANSFER TO
MEDICAID PROGRAM FOR FY 2015=2016
Sec. 55. 2013 Iowa Acts, chapter 138, section 151, as
amended by 2014 Iowa Acts, chapter 1140, section 27, is amended
by adding the following new subsection:
NEW SUBSECTION. 4. Notwithstanding section 8.33, moneys
appropriated in this section that remain unencumbered
or unobligated at the close of the fiscal year shall not
revert but shall be transferred to the medical assistance
appropriation for the fiscal year beginning July 1, 2015, to be
used for the medical assistance program for that fiscal year.
CLARINDA AND INDEPENDENCE MENTAL HEALTH INSTITUTES CARRYFORWARD
FUNDING ==== TRANSFER TO MEDICAID PROGRAM FOR FY 2015=2016
Sec. 56. 2013 Iowa Acts, chapter 138, section 153,
subsections 2 and 3, as amended by 2014 Iowa Acts, chapter
1140, section 29, are amended to read as follows:
2. a. For the state mental health institute at Clarinda for
salaries, support, maintenance, and miscellaneous purposes, and
for not more than the following full=time equivalent positions:
.................................................. $ 6,787,309
............................................... FTEs 86.10
b. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at
the close of the fiscal year shall not revert but shall be
transferred to the medical assistance appropriation for the
fiscal year beginning July 1, 2015, to be used for the medical
assistance program for that fiscal year.
3. a. For the state mental health institute at Independence
for salaries, support, maintenance, and miscellaneous purposes,
and for not more than the following full=time equivalent
positions:
.................................................. $ 10,484,386
............................................... FTEs 233.00
b. Notwithstanding section 8.33, moneys appropriated in
this subsection that remain unencumbered or unobligated at
the close of the fiscal year shall not revert but shall be
transferred to the medical assistance appropriation for the
fiscal year beginning July 1, 2015, to be used for the medical
assistance program for that fiscal year.
GLENWOOD AND WOODWARD STATE RESOURCE CENTERS ==== CARRYFORWARD
FUNDING ==== TRANSFER TO MEDICAID PROGRAM FOR FY 2015=2016
Sec. 57. 2013 Iowa Acts, chapter 138, section 154,
subsection 1, as amended by 2014 Iowa Acts, chapter 1140,
section 30, is amended to read as follows:
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2014, and ending June 30, 2015, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
a. For the state resource center at Glenwood for salaries,
support, maintenance, and miscellaneous purposes:
.................................................. $ 21,695,266
Notwithstanding section 8.33, moneys appropriated in this
paragraph "a" that remain unencumbered or unobligated at
the close of the fiscal year shall not revert but shall be
transferred to the medical assistance appropriation for the
fiscal year beginning July 1, 2015, to be used for the medical
assistance program for that fiscal year.
b. For the state resource center at Woodward for salaries,
support, maintenance, and miscellaneous purposes:
.................................................. $ 14,855,693
Notwithstanding section 8.33, moneys appropriated in this
paragraph "b" that remain unencumbered or unobligated at
the close of the fiscal year shall not revert but shall be
transferred to the medical assistance appropriation for the
fiscal year beginning July 1, 2015, to be used for the medical
assistance program for that fiscal year.
FIELD OPERATIONS ==== FY 2014=2015
Sec. 58. 2013 Iowa Acts, chapter 138, section 156,
unnumbered paragraphs 1 and 2, as amended by 2014 Iowa Acts,
chapter 1140, section 32, are amended to read as follows:
There is appropriated from the general fund of the state to
the department of human services for the fiscal year beginning
July 1, 2014, and ending June 30, 2015, the following amount,
or so much thereof as is necessary, to be used for the purposes
designated:
For field operations, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 65,170,976
61,170,976
............................................... FTEs 1,837.00
GENERAL ADMINISTRATION ==== FY 2014=2015
Sec. 59. 2013 Iowa Acts, chapter 138, section 157,
unnumbered paragraphs 1 and 2, as amended by 2014 Iowa Acts,
chapter 1140, section 33, are amended to read as follows:
There is appropriated from the general fund of the state to
the department of human services for the fiscal year beginning
July 1, 2014, and ending June 30, 2015, the following amount,
or so much thereof as is necessary, to be used for the purpose
designated:
For general administration, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 16,072,302
15,072,302
............................................... FTEs 309.00
CHILDREN ADJUDICATED AS DELINQUENT AND CHILD IN NEED OF
ASSISTANCE PLACEMENTS ==== CARRYFORWARD FUNDING FY 2015=2016
Sec. 60. 2013 Iowa Acts, chapter 138, section 147A, as
enacted by 2014 Iowa Acts, chapter 1140, section 24, is amended
by adding the following new subsection:
NEW SUBSECTION. 4. Notwithstanding section 8.33, moneys
appropriated in this section that remain unencumbered
or unobligated at the close of the fiscal year shall not
revert but shall be transferred to the medical assistance
appropriation for the fiscal year beginning July 1, 2015, to be
used for the medical assistance program for that fiscal year.
Sec. 61. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
Sec. 62. RETROACTIVE APPLICABILITY. This division of this
Act is retroactively applicable to July 1, 2014.
DIVISION IX
HEALTH POLICY ==== OVERSIGHT
Sec. 63. HEALTH POLICY OVERSIGHT ==== MEDICAID MANAGED CARE.
1. The department of human services shall partner with
appropriate stakeholders to convene monthly statewide public
meetings to receive input and recommendations from stakeholders
and members of the public regarding Medicaid managed care,
beginning in March 2016. The meetings shall be held in
both rural and urban areas, in small communities and large
population centers, and in a manner that is geographically
balanced. The input and recommendations of the public meetings
shall be compiled by the department of human services and
submitted to the executive committee of the medical assistance
advisory council created in section 249A.4B.
2. a. The executive committee of the medical assistance
advisory council shall review the compilation of the input and
recommendations of the public meetings convened pursuant to
subsection 1, and shall submit recommendations based upon the
compilation to the director of human services on a quarterly
basis.
b. The director of human services shall submit the
compilation and the recommendations made under paragraph "a" to
the legislative health policy oversight committee created in
section 2.45.
Sec. 64. Section 2.45, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 6. The legislative health policy oversight
committee, which shall be composed of members appointed by the
legislative council. The legislative health policy oversight
committee shall receive updates and review data, public input
and concerns, and make recommendations for improvements to and
changes in law or rule regarding Medicaid managed care.
Sec. 65. NEW SECTION. 231.44 Utilization of resources
==== assistance and advocacy related to long=term services and
supports under the Medicaid program.
1. The office of long=term care ombudsman may utilize
its available resources to provide assistance and advocacy
services to eligible recipients, or the families or legal
representatives of such eligible recipients, of long=term
services and supports provided through the Medicaid program.
Such assistance and advocacy shall include but is not limited
to all of the following:
a. Assisting recipients in understanding the services,
coverage, and access provisions and their rights under Medicaid
managed care.
b. Developing procedures for the tracking and reporting
of the outcomes of individual requests for assistance, the
obtaining of necessary services and supports, and other aspects
of the services provided to eligible recipients.
c. Providing advice and assistance relating to the
preparation and filing of complaints, grievances, and appeals
of complaints or grievances, including through processes
available under managed care plans and the state appeals
process, relating to long=term services and supports under the
Medicaid program.
2. A representative of the office of long=term care
ombudsman providing assistance and advocacy services authorized
under this section for an individual, shall be provided
access to the individual, and shall be provided access to
the individual's medical and social records as authorized by
the individual or the individual's legal representative, as
necessary to carry out the duties specified in this section.
3. A representative of the office of long=term care
ombudsman providing assistance and advocacy services authorized
under this section for an individual, shall be provided access
to administrative records related to the provision of the
long=term services and supports to the individual, as necessary
to carry out the duties specified in this section.
4. For the purposes of this section:
a. "Institutional setting" includes a long=term care
facility, an elder group home, or an assisted living program.
b. "Long=term services and supports" means the broad range of
health, health=related, and personal care assistance services
and supports, provided in both institutional settings and home
and community=based settings, necessary for older individuals
and persons with disabilities who experience limitations in
their capacity for self=care due to a physical, cognitive, or
mental disability or condition.
Sec. 66. PROPOSAL FOR A HEALTH CONSUMER OMBUDSMAN
ALLIANCE. The office of long=term care ombudsman shall
collaborate with the department on aging, the office of
substitute decision maker, the department of veterans affairs,
the department of human services, the department of public
health, the department of inspections and appeals, the
designated protection and advocacy agency as provided in
section 135C.2, subsection 4, the civil rights commission, the
senior health insurance information program, the Iowa insurance
consumer advocate, Iowa legal aid, and other consumer advocates
and consumer assistance programs, to develop a proposal for the
establishment of a health consumer ombudsman alliance. The
purpose of the alliance is to provide a permanent coordinated
system of independent consumer supports to ensure that
consumers, including consumers covered under Medicaid managed
care, obtain and maintain essential health care, are provided
unbiased information in understanding coverage models, and are
assisted in resolving problems regarding health care services,
coverage, access, and rights. The proposal developed shall
include annual budget projections and shall be submitted to the
governor and the general assembly no later than December 15,
2015.
Sec. 67. LEVEL OF CARE ASSESSMENTS AND REASSESSMENTS,
OPTIONS COUNSELING, AND CASE MANAGEMENT.
1. a. The department of human services shall contract with
a conflict free third party to conduct initial level of care
assessments and reassessments for Medicaid program applicants
or members who are not enrolled in a Medicaid managed care
plan.
b. A Medicaid managed care contractor shall conduct initial
level of care assessments and reassessments for Medicaid
program members enrolled in the contractor's plan, and shall
submit the results to the department.
c. All level of care assessments and reassessments shall be
conducted using an assessment tool approved by the department
and shall be conflict free.
d. The department shall determine the level of care of an
applicant or member based upon the results of the assessments
or reassessments conducted and submitted in accordance with
this subsection.
e. Level of care reassessments shall be conducted annually
or when the needs of a member change.
2. A Medicaid member's service plan shall reflect
the member's needs and goals based upon the assessment or
reassessment conducted pursuant to subsection 1. A member's
service plan shall not be changed prior to the completion of a
functional or needs reassessment, and any subsequent service
plan shall be based on the reassessment.
3. The department shall provide for administration of
nonbiased, community=based, in=person options counseling by a
conflict free third party for applicants for a Medicaid managed
care plan.
4. Case management under a Medicaid managed care contract
shall be administered in a conflict free manner.
5. For the purposes of this section, "conflict free" means
conflict free pursuant to specifications of the balancing
incentive program requirements.
DIVISION X
AUTISM
Sec. 68. NEW SECTION. 135.181 Behavior analyst and board
certified assistant behavior analyst grants program ==== fund.
1. The department shall establish a board=certified
behavior analyst and board=certified assistant behavior
analyst grants program to provide grants to Iowa resident and
nonresident applicants who have been accepted for admission or
are attending a board of regents university, community college,
or an accredited private institution, are enrolled in a program
to be eligible for board certification as a behavior analyst
or assistant behavior analyst, and demonstrate financial
need. Priority in the awarding of a grant shall be given to
applicants who are residents of Iowa.
2. The department, in cooperation with the department
of education, shall adopt rules pursuant to chapter 17A to
establish minimum standards for applicants to be eligible for a
grant that address all of the following:
a. Eligibility requirements for and qualifications of an
applicant to receive a grant.
b. The application process for the grant.
c. Criteria for preference in awarding of the grants.
d. Determination of the amount of a grant.
e. Use of the funds awarded.
3. a. A board=certified behavior analyst and
board=certified assistant behavior analyst grants program fund
is created in the state treasury as a separate fund under
the control of the department. The fund shall consist of
moneys appropriated from the general fund of the state for
the purposes of the fund and moneys from any other public or
private source available.
b. The department may receive contributions, grants, and
in=kind contributions to support the purposes of the fund. Not
more than five percent of the moneys in the fund may be used
annually for administrative costs.
c. The fund shall be separate from the general fund of the
state and shall not be considered part of the general fund of
the state. The moneys in the fund shall not be considered
revenue of the state, but rather shall be moneys of the fund.
Moneys within the fund are not subject to section 8.33 and
shall not be transferred, used, obligated, appropriated, or
otherwise encumbered, except to provide for the purposes of
this section. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys deposited in the fund shall be
credited to the fund.
d. The moneys in the fund are appropriated to the department
and shall be used to provide grants to individuals who meet the
criteria established under this section.
Sec. 69. Section 225D.1, subsection 3, Code 2015, is amended
to read as follows:
3. "Autism service provider" means a person providing
applied behavioral analysis, who meets all of the following
criteria:
a. Is any of the following:
(1) Is certified as a behavior analyst by the behavior
analyst certification board or, is a health professional
licensed under chapter 147 psychologist licensed under chapter
154B, or is a psychiatrist licensed under chapter 148.
(2) Is a board=certified assistant behavior analyst who
performs duties, identified by and based on the standards of
the behavior analyst certification board, under the supervision
of a board=certified behavior analyst.
b. Is approved as a member of the provider network by the
department.
Sec. 70. Section 225D.2, subsection 2, Code 2015, is amended
by adding the following new paragraph:
NEW PARAGRAPH. l. Proof of eligibility for the autism
support program that includes a written denial for coverage or
a benefits summary indicating that applied behavioral analysis
treatment is not a covered benefit for which the applicant
is eligible, under the Medicaid program, section 514C.28, or
private insurance coverage.
Sec. 71. Section 225D.2, subsection 5, paragraph a, Code
2015, is amended to read as follows:
a. An autism support fund is created in the state treasury
under the authority of the department. Moneys appropriated
to and all other moneys specified for deposit in the fund
shall be deposited in the fund and used for the purposes of
the program. Notwithstanding section 12C.7, interest or
earnings on moneys in the fund shall be credited to the fund.
Notwithstanding section 8.33, moneys credited to the fund that
remain unexpended or unobligated at the end of a fiscal year
shall not revert to any other fund.
DIVISION XI
OFFICE OF SUBSTITUTE DECISION MAKER
Sec. 72. Section 231E.4, subsection 3, paragraph a, Code
2015, is amended to read as follows:
a. Select persons through a request for proposals process to
establish local offices of substitute decision maker in each
of the planning and service areas. Local offices shall be
established statewide on or before July 1, 2015 2017.
DIVISION XII
DEMENTIA WORKFORCE
Sec. 73. INTERAGENCY DEMENTIA PROFICIENT WORKFORCE TASK
FORCE. The department on aging shall convene an interagency
task force, in collaboration with the office of long=term
care ombudsman, the office of substitute decision maker, the
departments of public health, human services, and inspections
and appeals, and the Alzheimer's association, to review the
recommendations for a standard curriculum model for dementia
education submitted by the Alzheimer's association dementia
education task force to the department on aging in June 2010,
in the Iowa dementia education project final report, and the
curricula=related recommendations submitted by the direct care
worker task force and the direct care worker advisory council;
identify staff, in settings in which individuals with dementia
may seek services and care, who should have some level of
dementia proficiency and analyze gaps in existing training
and educational requirements; and develop an implementation
plan to transition toward competency=based dementia curricula
and training that achieves dementia proficiency across a
broader care continuum. To the greatest extent possible,
the plan shall address training strategies for different
settings, levels of skill, and licensure. The plan shall
include a timeline for implementation, fiscal implications of
recommendations, and identification of key decision points
for the general assembly. The task force shall provide
opportunities for stakeholder input from affected industry,
education, professional, employee, and consumer organizations.
The task force shall submit its recommendations to the governor
and the general assembly no later than December 15, 2015.
DIVISION XIII
PHARMACEUTICAL COLLECTION AND DISPOSAL PROGRAM
Sec. 74. Section 155A.43, Code 2015, is amended to read as
follows:
155A.43 Pharmaceutical collection and disposal program ====
annual allocation.
Of the fees collected pursuant to sections 124.301 and
147.80 and chapter 155A by the board of pharmacy, and retained
by the board pursuant to section 147.82, not more than
one hundred twenty=five seventy=five thousand dollars may
be allocated annually by the board for administering the
pharmaceutical collection and disposal program originally
established pursuant to 2009 Iowa Acts, ch. 175, {9. The
program shall provide for the management and disposal of
unused, excess, and expired pharmaceuticals. The board of
pharmacy may cooperate with the Iowa pharmacy association and
may consult with the department and sanitary landfill operators
in administering the program.
DIVISION XIV
PREREQUISITES FOR AN ABORTION
Sec. 75. NEW SECTION. 146A.1 Prerequisites for an abortion.
Except in the case of a medical emergency, as defined in
section 135L.1, for any woman, the physician shall certify both
of the following before performing an abortion:
1. That the woman has been given the opportunity to view an
ultrasound image of the fetus as part of the standard of care.
2. That the woman has been provided information regarding
the options relative to a pregnancy, including continuing the
pregnancy to term and retaining parental rights following the
child's birth, continuing the pregnancy to term and placing the
child for adoption, and terminating the pregnancy.
DIVISION XV
IOWA ABLE SAVINGS PLAN TRUST
Sec. 76. NEW SECTION. 12I.1 Purpose and definitions.
1. The general assembly finds that the general welfare
and well=being of the state are directly related to the
health, maintenance, independence, and quality of life of its
disabled residents, and that a vital and valid public purpose
is served by the creation and implementation of programs that
encourage and make possible savings to secure funding for
disability=related expenses on behalf of individuals with
disabilities that will supplement, but not supplant, other
benefits provided by various federal, state, and private
sources. The creation of the means of encouragement for
citizens to invest in such a program represents the carrying
out of a vital and valid public purpose. In order to make
available to the citizens of the state an opportunity to fund
future disability=related expenses of individuals, it is
necessary that a public trust be established in which moneys
may be invested for payment of future disability=related
expenses of an individual.
2. As used in this chapter, unless the context otherwise
requires:
a. "Account balance limit" means the maximum allowable
aggregate balance of an account established for a designated
beneficiary. Account earnings, if any, are included in the
account balance limit.
b. "Account owner" means an individual who enters into a
participation agreement under this chapter for the payment
of qualified disability expenses on behalf of a designated
beneficiary.
c. "Contracting state" means the same as defined in section
529A of the Internal Revenue Code.
d. "Designated beneficiary" means an individual who is a
resident of this state or a resident of a contracting state and
who meets the definition of "eligible individual" in section
529A of the Internal Revenue Code.
e. "Internal Revenue Code" means the Internal Revenue Code
of 1986, as amended, and regulations promulgated thereunder.
f. "Iowa ABLE savings plan trust" or "trust" means the trust
created under section 12I.2.
g. "Participation agreement" means an agreement between the
account owner and the trust entered into under this chapter.
h. "Qualified ABLE program" means the same as defined in
section 529A of the Internal Revenue Code.
i. "Qualified disability expenses" means the same as defined
in section 529A of the Internal Revenue Code.
j. "Resident" shall be defined by rules adopted by the
treasurer of state. The rules shall determine residency in
such manner as may be required or permitted under section
529A of the Internal Revenue Code, or, in the absence of any
guidance under federal law, as the treasurer of state deems
advisable for the purpose of satisfying the requirements of
section 529A of the Internal Revenue Code.
Sec. 77. NEW SECTION. 12I.2 Creation of Iowa ABLE savings
plan trust.
An Iowa ABLE savings plan trust is created. The treasurer of
state is the trustee of the trust, and has all powers necessary
to carry out and effectuate the purposes, objectives, and
provisions of this chapter pertaining to the trust, including
the power to do all of the following:
1. Make and enter into contracts necessary for the
administration of the trust created under this chapter.
2. Enter into agreements with this state or any other
state, or any federal or other state agency, or other entity as
required to implement this chapter.
3. Carry out the duties and obligations of the trust
pursuant to this chapter.
4. Accept any grants, gifts, legislative appropriations,
and other moneys from the state, any unit of federal, state, or
local government, or any other person, firm, partnership, or
corporation which the treasurer of state shall deposit into the
administrative fund or program fund.
5. Participate in any federal, state, or local governmental
program for the benefit of the trust.
6. Procure insurance against any loss in connection with the
property, assets, or activities of the trust.
7. Enter into participation agreements with account owners.
8. Make payments to designated beneficiaries pursuant to
participation agreements.
9. Make refunds to account owners upon the termination
of participation agreements, and partial nonqualified
distributions to account owners, pursuant to this chapter and
the limitations and restrictions set forth in this chapter.
10. Invest moneys from the program fund in any investments
that are determined by the treasurer of state to be
appropriate.
11. Engage investment advisors, if necessary, to assist in
the investment of trust assets.
12. Contract for goods and services and engage personnel
as necessary, including consultants, actuaries, managers,
legal counsel, and auditors for the purpose of rendering
professional, managerial, and technical assistance and advice
to the treasurer of state regarding trust administration and
operation.
13. Establish, impose, and collect administrative fees
and charges in connection with transactions of the trust, and
provide for reasonable service charges, including penalties for
cancellations and late payments with respect to participation
agreements.
14. Administer the funds of the trust.
15. Prepare and file reports and notices.
16. Enter into agreements with contracting states to permit
residents of the contracting state to participate in the Iowa
ABLE savings plan trust.
17. Adopt rules pursuant to chapter 17A for the
administration of this chapter.
Sec. 78. NEW SECTION. 12I.3 Participation agreements for
trust.
On or after July 1, 2016, the trust may enter into
participation agreements with account owners pursuant to the
following terms and agreements:
1. a. Unless otherwise permitted under section 529A of the
Internal Revenue Code, the treasurer of state shall allow only
one participation agreement per designated beneficiary.
b. Unless otherwise permitted under section 529A of the
Internal Revenue Code, the account owner must also be the
designated beneficiary of the account. However, a trustee or
legal guardian may be designated as custodian of an account for
a designated beneficiary who is a minor or who lacks capacity
to enter into a participation agreement if such designation is
not prohibited under section 529A of the Internal Revenue Code.
c. The treasurer of state shall set an annual contribution
limit and account balance limit to maintain compliance with
section 529A of the Internal Revenue Code. A contribution
shall not be permitted to the extent it exceeds the annual
contribution limit or causes the aggregate balance of the
account established for the designated beneficiary to exceed
the applicable account balance limit.
d. The maximum amount that may be deducted per year for
Iowa income tax purposes by an individual for contributions on
behalf of any one designated beneficiary that is a resident
of this state shall not exceed the maximum deductible amount
determined for the year pursuant to section 12D.3, subsection
1, paragraph "a".
e. Participation agreements may be amended to provide
for adjusted levels of contributions based upon changed
circumstances or changes in disability=related expenses.
f. Any person may make contributions pursuant to a
participation agreement on behalf of a designated beneficiary
under rules adopted by the treasurer of state.
2. The execution of a participation agreement by the trust
shall not guarantee in any way that future disability=related
expenses will be equal to projections and estimates provided by
the trust or that the account owner or designated beneficiary
is guaranteed any of the following:
a. A return of principal.
b. A rate of interest or other return from the trust.
c. Payment of interest or other return from the trust.
3. a. A designated beneficiary under a participation
agreement may be changed as permitted under rules adopted by
the treasurer of state upon written request of the account
owner as long as such change would be permitted by section 529A
of the Internal Revenue Code.
b. Participation agreements may otherwise be freely amended
throughout their terms in order to enable account owners to
increase or decrease the level of participation, change the
designated beneficiary, and carry out similar matters as
authorized by rule.
4. Each participation agreement shall provide that the
participation agreement may be canceled upon the terms and
conditions, and upon payment of applicable fees and costs set
forth and contained in the rules adopted by the treasurer of
state.
Sec. 79. NEW SECTION. 12I.4 Program and administrative
funds ==== investment and payment.
1. a. The treasurer of state shall segregate moneys
received by the trust into two funds: the program fund and the
administrative fund.
b. All moneys paid by account owners or other persons
on behalf of a designated beneficiary in connection with
participation agreements shall be deposited as received into
separate accounts for each designated beneficiary within the
program fund.
c. Contributions to the trust made on behalf of designated
beneficiaries may only be made in the form of cash.
d. An account owner or designated beneficiary is
not permitted to provide investment direction regarding
contributions or earnings held by the trust.
2. Moneys accrued by account owners in the program fund
of the trust may be used for payments of qualified disability
expenses.
3. Moneys in the account of a designated beneficiary may
be claimed by the Iowa Medicaid program as provided in section
529A(f) of the Internal Revenue Code and subject to limitations
imposed by the treasurer of state.
4. The trust shall comply with Pub. L. No. 113=295, {103,
regarding treatment of ABLE accounts under certain federal
programs.
5. Moneys in the funds are not subject to section 8.33.
Notwithstanding section 12C.7, interest or earnings on moneys
in the funds shall be credited to the funds.
Sec. 80. NEW SECTION. 12I.5 Cancellation of agreements.
An account owner may cancel a participation agreement at
will. Upon cancellation of a participation agreement, an
account owner shall be entitled to the return of the account
owner's account balance.
Sec. 81. NEW SECTION. 12I.6 Repayment and ownership of
payments and investment income ==== transfer of ownership rights.
1. a. An account owner retains ownership of all
contributions made on behalf of a designated beneficiary under
a participation agreement up to the date of utilization for
payment of qualified disability expenses of the designated
beneficiary.
b. All income derived from the investment of the
contributions made on behalf of a designated beneficiary shall
be considered to be held in trust for the benefit of the
designated beneficiary.
2. In the event the trust is terminated prior to payment of
qualified disability expenses for the designated beneficiary,
the account owner is entitled to a refund of the account
owner's account balance.
3. Any amounts which may be paid to any person or persons
pursuant to the Iowa ABLE savings plan trust but which are not
listed in this section are owned by the trust.
4. An account owner may transfer ownership rights to
another designated beneficiary, including a gift of the
ownership rights to a designated beneficiary who is a minor, in
accordance with rules adopted by the treasurer of state and the
terms of the participation agreement, so long as the transfer
would be permitted by section 529A of the Internal Revenue
Code.
5. An account owner or designated beneficiary shall not be
entitled to utilize any interest in the trust as security for
a loan.
Sec. 82. NEW SECTION. 12I.7 Reports ==== annual audited
financial report ==== reports under federal law.
1. a. The treasurer of state shall submit an annual
audited financial report, prepared in accordance with generally
accepted accounting principles, on the operations of the trust
by November 1 to the governor and the general assembly.
b. The annual audit shall be made either by the auditor
of state or by an independent certified public accountant
designated by the auditor of state and shall include direct and
indirect costs attributable to the use of outside consultants,
independent contractors, and any other persons who are not
state employees.
2. The annual audit shall be supplemented by all of the
following information prepared by the treasurer of state:
a. Any related studies or evaluations prepared in the
preceding year.
b. A summary of the benefits provided by the trust,
including the number of account owners and designated
beneficiaries in the trust, or, if the trust has caused this
state to become a contracting state pursuant to section 12I.10,
a summary of the benefits provided to Iowa residents by the
contracted qualified ABLE program, including the number of
account owners and designated beneficiaries in the contracted
qualified ABLE program who are Iowa residents.
c. Any other information deemed relevant by the treasurer of
state in order to make a full, fair, and effective disclosure
of the operations of the trust or the contracted qualified ABLE
program if applicable.
3. The treasurer of state shall prepare and submit to the
secretary of the United States treasury or other required party
any reports, notices, or statements required under section 529A
of the Internal Revenue Code.
Sec. 83. NEW SECTION. 12I.8 Tax considerations.
1. For federal income tax purposes, the Iowa ABLE savings
plan trust shall be considered a qualified ABLE program exempt
from taxation pursuant to section 529A of the Internal Revenue
Code and shall be operated so that it meets the requirements of
section 529A of the Internal Revenue Code.
2. State income tax treatment of the Iowa ABLE savings plan
trust shall be as provided in section 422.7, subsections 34 and
34A.
3. State inheritance tax treatment of interests in Iowa ABLE
savings plans shall be as provided in section 450.4, subsection
9.
Sec. 84. NEW SECTION. 12I.9 Property rights to assets in
trust.
1. The assets of the trust shall at all times be preserved,
invested, and expended solely and only for the purposes of the
trust and shall be held in trust for the account owners and
designated beneficiaries.
2. Except as provided in section 12I.4, subsection 3, no
property rights in the trust shall exist in favor of the state.
3. Except as provided in section 12I.4, subsection 3, the
assets of the trust shall not be transferred or used by the
state for any purposes other than the purposes of the trust.
Sec. 85. NEW SECTION. 12I.10 Implementation as a
contracting state ==== tax considerations.
1. The general assembly acknowledges that section 529A of
the Internal Revenue Code permits access to qualified ABLE
programs by residents of a state without such a program. The
general assembly finds that becoming a contracting state may
accomplish the public purpose set forth in section 12I.1,
subsection 1, in the same manner as if the qualified ABLE
program under the Iowa ABLE savings plan trust were to be
implemented and administered by this state. To that end,
the treasurer of state, as trustee of the trust, may defer
implementation of the qualified ABLE program under the trust
and alternatively cause this state to become a contracting
state by entering into an agreement with another state with a
qualified ABLE program to provide Iowa residents access to that
state's qualified ABLE program. The trust shall not enter into
an agreement pursuant to this section unless the treasurer,
as trustee of the trust, determines that all of the following
requirements are satisfied:
a. The program is a qualified ABLE program.
b. The qualified ABLE program provides comparable benefits
and protections to Iowa residents as would be provided under
the Iowa ABLE savings plan trust.
c. That entering into an agreement for access to the
qualified ABLE program would not result in increased costs to
the state or to account owners and designated beneficiaries as
compared to the costs of implementing and administering the
qualified ABLE program under the Iowa ABLE savings plan trust.
d. The qualified ABLE program will be audited annually by
an independent certified public accountant or by the state
auditor, or similar public official, of the state that has
implemented the qualified ABLE program.
e. The qualified ABLE program will provide information to
the treasurer of state as trustee of the trust so as to allow
the trustee to fulfill the reporting requirements in section
12I.7.
2. a. The maximum amount that may be deducted per year for
Iowa income tax purposes by an individual for contributions on
behalf of any one designated beneficiary that is a resident of
this state to the qualified ABLE program with which the state
has contracted pursuant to this section shall not exceed the
maximum deductible amount determined for the year pursuant to
section 12D.3, subsection 1, paragraph "a".
b. State income tax treatment of the qualified ABLE program
with which the state has contracted pursuant to this section
shall be as provided in section 422.7, subsections 34 and 34A.
3. State inheritance tax treatment of interests in the
qualified ABLE program with which the state has contracted
pursuant to this section shall be as provided in section 450.4,
subsection 9.
Sec. 86. NEW SECTION. 12I.11 Construction.
This chapter shall be construed liberally in order to
effectuate its purpose.
Sec. 87. Section 422.7, Code 2015, is amended by adding the
following new subsections:
NEW SUBSECTION. 34. a. Subtract the amount contributed
during the tax year on behalf of a designated beneficiary
that is a resident of this state to the Iowa ABLE savings
plan trust or to the qualified ABLE program with which the
state has contracted pursuant to section 12I.10, not to exceed
the maximum contribution level established in section 12I.3,
subsection 1, paragraph "d", or section 12I.10, subsection 2,
paragraph "a", as applicable.
b. Add the amount resulting from the cancellation of a
participation agreement refunded to the taxpayer as an account
owner in the Iowa ABLE savings plan trust or the qualified
ABLE program with which the state has contracted pursuant to
section 12I.10 to the extent previously deducted pursuant
to this subsection by the taxpayer or any other person as a
contribution to the trust or qualified ABLE program.
c. Add the amount resulting from a withdrawal made by a
taxpayer from the Iowa ABLE savings plan trust or the qualified
ABLE program with which the state has contracted pursuant to
section 12I.10 for purposes other than the payment of qualified
disability expenses to the extent previously deducted pursuant
to this subsection by the taxpayer or any other person as a
contribution to the trust or qualified ABLE program.
NEW SUBSECTION. 34A. Subtract, to the extent included,
income from interest and earnings received from the Iowa ABLE
savings plan trust created in chapter 12I, or received by a
resident account owner from a qualified ABLE program with which
the state has contracted pursuant to section 12I.10.
Sec. 88. Section 450.4, Code 2015, is amended by adding the
following new subsection:
NEW SUBSECTION. 9. On the value of any interest in the Iowa
ABLE savings plan trust created in chapter 12I, or any interest
held by a resident account owner in a qualified ABLE program
with which the state has contracted pursuant to section 12I.10.
Sec. 89. CONTINGENT IMPLEMENTATION. The implementation of
chapter 12I as enacted in this division of this Act is subject
to an appropriation with the stated purpose of the Iowa ABLE
Savings Plan Trust.
Sec. 90. APPLICABILITY. The section of this division of
this Act amending section 450.4 applies to estates of decedents
dying on or after January 1, 2016.
Sec. 91. APPLICABILITY. The section of this division of
this Act amending section 422.7 applies to tax years beginning
on or after January 1, 2016.
DIVISION XVI
STATE CHILD CARE ASSISTANCE ==== INCOME ELIGIBILITY
Sec. 92. Section 237A.13, subsection 7, paragraph c, Code
2015, is amended to read as follows:
c. Families with an income of more than one hundred
percent but not more than one hundred forty=five fifty percent
of the federal poverty level whose members, for at least
twenty=eight hours per week in the aggregate, are employed
or are participating at a satisfactory level in an approved
training program or educational program.
Sec. 93. DIRECTIVE TO DEPARTMENT OF HUMAN SERVICES ON
CHILD CARE ASSISTANCE. The department of human services shall
amend its administrative rules relating to income eligibility
for state child care assistance, according to family size for
children needing basic care, to families whose nonexempt gross
monthly income does not exceed 150 percent of the federal
poverty level.
DIVISION XVII
COUNTY MENTAL HEALTH AND DISABILITIES SERVICES FUNDING ====
EQUALIZATION AND MEDICAID OFFSET
Sec. 94. Section 331.424A, subsection 8, unnumbered
paragraph 1, Code 2015, is amended to read as follows:
Notwithstanding subsection 6, for the fiscal years beginning
July 1, 2013, July 1, 2014, and July 1, 2015, and July 1, 2016,
county revenues from taxes levied by the county and credited
to the county services fund shall not exceed the lower of the
following amounts:
Sec. 95. Section 426B.3, subsection 1, Code 2015, is amended
to read as follows:
1. For the fiscal years beginning July 1, 2013, July
1, 2014, and July 1, 2015, and July 1, 2016, the state and
county funding for the mental health and disability services
administered or paid for by counties shall be provided based on
a statewide per capita expenditure target amount computed in
accordance with this section and section 331.424A.
Sec. 96. Section 426B.3, subsection 4, paragraph a, Code
2015, is amended to read as follows:
a. For the fiscal years beginning July 1, 2013, July 1,
2014, and July 1, 2015, and July 1, 2016, a county with a county
population expenditure target amount that exceeds the amount
of the county's base year expenditures for mental health and
disabilities services shall receive an equalization payment for
the difference.
Sec. 97. Section 426B.3, subsection 5, Code 2015, is amended
by striking the subsection.
DIVISION XVIII
MEDICAID OFFSET PAYMENTS
Sec. 98. Section 426B.3, subsection 5, paragraph e,
subparagraph (1), Code 2015, is amended to read as follows:
(1) (a) If the county receives an equalization payment
in the fiscal year following the calculation year, the county
shall repay the Medicaid offset amount to the state from that
equalization payment. A county's repayment pursuant to this
subparagraph shall be remitted on or before January 1 of the
fiscal year in which the equalization payment is received and
the repayment shall be credited to the property tax relief
fund. Moneys credited to the property tax relief fund in
accordance with this subparagraph are subject to appropriation
by the general assembly to support mental health and disability
services administered by the regional system. The department
of human services' annual budget shall include recommendations
for reinvestment of the amounts credited to the fund to address
core and additional core services administered by the regional
system.
(b) Notwithstanding any provision to the contrary in
subparagraph division (a), during the fiscal year beginning
July 1, 2014, any repayment received pursuant to subparagraph
division (a) shall not be subject to appropriation by the
general assembly to support mental health and disabilities
services administered by the regional system, but instead
shall be transferred to the department of human services to
supplement the medical assistance program appropriations for
the fiscal year beginning July 1, 2015.
DIVISION XIX
PROPERTY TAX RELIEF FUND ==== BLOCK GRANT MONEYS
Sec. 99. PROPERTY TAX RELIEF FUND BLOCK GRANT MONEY. The
moneys transferred to the property tax relief fund for the
fiscal year beginning July 1, 2015, from the federal social
services block grant pursuant to 2015 Iowa Acts, House File
630, and from the federal temporary assistance for needy
families block grant, totaling at least $11,774,275, are
appropriated to the department of human services for the fiscal
year beginning July 1, 2015, and ending June 30, 2016, to be
used for the purposes designated, notwithstanding any provision
of law to the contrary:
1. For distribution to any mental health and disability
services region where 25 percent of the region's projected
expenditures exceeds the region's projected fund balance:
.................................................. $ 960,000
a. For purposes of this subsection:
(1) "Available funds" means a county mental health and
services fund balance on June 30, 2015, plus the maximum amount
a county was allowed to levy for the fiscal year beginning July
1, 2015.
(2) "Projected expenditures" means the actual expenditures
of a mental health and disability services region as of June
30, 2015, multiplied by an annual inflation rate of 2 percent
plus the projected costs for new core services administered by
the region as provided in a region's regional service system
management plan approved pursuant to section 331.393 for the
fiscal year beginning July 1, 2015.
(3) "Projected fund balance" means the difference between a
mental health and disability services region's available funds
and projected expenditures.
b. If sufficient funds are not available to implement this
subsection, the department of human services shall distribute
funds to a region in proportion to the availability of funds.
c. A mental health and disability services region with
a population of 35,000 or less, as determined by the latest
federal decennial census, shall work with the department of
human services to determine whether the region shall join
another region approved by the department in accordance with
section 331.389 to increase the availability of and access to
needed mental health and disability services.
2. To be transferred to the appropriation in this Act for
child and family services for the fiscal year beginning July 1,
2015, to be used for the purpose of that appropriation:
.................................................. $ 10,814,275
DIVISION XX
STUDY ==== CHILD WELFARE ADVISORY COMMITTEE
Sec. 100. STUDY ==== CHILD WELFARE ADVISORY COMMITTEE. The
child welfare advisory committee of the council on human
services established pursuant to section 217.3A shall study
procedures in the department of human services for receiving
complaints from families involved in guardianship, placement,
and custody proceedings; and the specificity and clarity of
court orders issued in foster care placements pursuant to
the State of Iowa Primary Review of Tit. IV=E Foster Care
Eligibility Report of Findings for October 1, 2012, through
March 31, 2013. The committee shall submit a report with
findings and recommendations to the governor and general
assembly on or before December 15, 2015.
DIVISION XXI
COVERAGE OF SERVICES PROVIDED BY A PHYSICAL THERAPIST,
OCCUPATIONAL THERAPIST, OR SPEECH PATHOLOGIST
Sec. 101. NEW SECTION. 514C.30 Services provided by
a physical therapist, occupational therapist, or speech
pathologist.
1. Notwithstanding the uniformity of treatment requirements
of section 514C.6, a policy, contract, or plan providing
for third=party payment or prepayment of health or medical
expenses shall not impose a copayment or coinsurance amount
on an insured for services provided by a physical therapist
licensed pursuant to chapter 148A, by an occupational therapist
licensed pursuant to chapter 148B, or by a speech pathologist
licensed pursuant to 154F that is greater than the copayment or
coinsurance amount imposed on the insured for services provided
by a person engaged in the practice of medicine and surgery
or osteopathic medicine and surgery under chapter 148 for the
same or a similar diagnosed condition even if a different
nomenclature is used to describe the condition for which the
services are provided.
2. This section applies to the following classes of
third=party payment provider policies, contracts, or plans
delivered, issued for delivery, continued, or renewed in this
state on or after July 1, 2015:
a. Individual or group accident and sickness insurance
providing coverage on an expense=incurred basis.
b. An individual or group hospital or medical service
contract issued pursuant to chapter 509, 514, or 514A.
c. An individual or group health maintenance organization
contract regulated under chapter 514B.
d. A plan established pursuant to chapter 509A for public
employees.
e. An organized delivery system licensed by the director of
public health.
3. This section shall not apply to accident=only,
specified disease, short=term hospital or medical, hospital
confinement indemnity, credit, dental, vision, Medicare
supplement, long=term care, basic hospital and medical=surgical
expense coverage as defined by the commissioner, disability
income insurance coverage, coverage issued as a supplement
to liability insurance, workers' compensation or similar
insurance, or automobile medical payment insurance.
DIVISION XXII
CHILDREN'S MENTAL HEALTH AND WELL=BEING WORKGROUP
Sec. 102. CHILDREN'S MENTAL HEALTH WORKGROUP. The
department of human services, in cooperation with the
departments of education and public health, shall facilitate
a study by a workgroup of stakeholders which shall make
recommendations relating to children's mental health. The
workgroup shall study incorporating a coordinated response
in children's mental health services that emphasizes
implementation of mental health issues across the various
systems that serve children, taking into account the effects
of mental health, child welfare, and child welfare systems
and services, and that specifically addresses the effects of
adverse childhood experiences and child poverty. The workgroup
shall create interdepartmental awareness of issues relating
to children's mental health. The workgroup shall develop
interdepartmental strategies for helping improve children's
mental health and shall develop strategies to promote community
partnerships to help address issues of children's mental
health. In carrying out its charge, the workgroup shall review
a 2014 report by the children's defense fund on the state of
America's children containing the most recent and reliable
national and state=by=state data on many complex issues
affecting children's health, including data on more than 7,000
homeless public school students in Iowa. The workgroup shall
submit a report on the study with recommendations, including
but not limited to recommendations relating to the creation and
implementation of a children's mental health crisis response
system to aid parents and other custodians in dealing with
children experiencing a mental health crisis. The workgroup
shall submit its report to the governor and the general
assembly on or before December 15, 2015.
DIVISION XXIII
PREVENTION OF DISABILITIES POLICY COUNCIL
Sec. 103. Section 225B.8, Code 2015, is amended to read as
follows:
225B.8 Repeal.
1. This chapter is repealed July 1, 2015 2016.
2. Prior to June 30, 2016, the state mental health and
disability services commission created in section 225C.5 and
the Iowa developmental disabilities council appointed by
the governor shall work with the prevention of disabilities
policy council, the department of human services, and the Iowa
department of public health to provide for the transfer of the
duties of the prevention of disabilities policy council to the
state mental health and disability services commission, the
Iowa developmental disabilities council, or the Iowa department
of public health.
DIVISION XXIV
HOSPITAL AND LONG=TERM CARE PHARMACY PRACTICE ====
PNEUMOCOCCAL VACCINES ==== BOARD OF PHARMACY RULES
Sec. 104. HOSPITAL AND LONG=TERM CARE PHARMACY PRACTICE ====
PNEUMOCOCCAL VACCINES ==== BOARD OF PHARMACY RULES. The board
of pharmacy shall adopt rules pursuant to chapter 17A relating
to hospital and long=term care pharmacy practices that allow,
as authorized by federal law, in addition to influenza and
pneumococcal polysaccharide vaccines, that a written or verbal
patient=specific medication administration order shall not
be required prior to administration to an adult patient of
pneumococcal conjugate vaccine pursuant to physician=approved
hospital or facility policy and after the patient has been
assessed for contraindications.
DIVISION XXV
HEALTHY AND WELL KIDS IN IOWA PROGRAM ==== CONTINUED ENROLLMENT
Sec. 105. Section 514I.8, subsection 3, Code 2015, is
amended to read as follows:
3. In accordance with the rules adopted by the board, a
child may be determined to be presumptively eligible for the
program pending a final eligibility determination. Following
final determination of eligibility, a child shall be eligible
for a twelve=month period. At the end of the twelve=month
period, a review of the circumstances of the child's family
shall be conducted to establish eligibility and cost sharing
for the subsequent twelve=month period. Pending such review
of the circumstances of the child's family, the child shall
continue to be eligible for and remain enrolled in the same
plan if the family complies with requirements to provide
information and verification of income, otherwise cooperates
in the annual review process, and submits the completed
review form and any information necessary to establish
continued eligibility in a timely manner in accordance with
administrative rules.
DIVISION XXVI
PERSONNEL SETTLEMENT AGREEMENT PAYMENTS
Sec. 106. PERSONNEL SETTLEMENT AGREEMENT PAYMENTS. As a
condition of the appropriations in this 2015 Act, the moneys
appropriated and any other moneys available shall not be used
for payment of a personnel settlement agreement that contains a
confidentiality provision intended to prevent public disclosure
of the agreement or any terms of the agreement.
DIVISION XXVII
MEDICAID REIMBURSEMENT ==== PSYCHOLOGISTS
Sec. 107. Section 249A.15, Code 2015, is amended to read as
follows:
249A.15 Licensed psychologists eligible for payment.
The department shall adopt rules pursuant to chapter 17A
entitling psychologists who are licensed pursuant to chapter
154B and psychologists who are licensed in the state where
the services are provided and have a doctorate degree in
psychology, have had at least two years of clinical experience
in a recognized health setting, or have met the standards of a
national register of health service providers in psychology,
to payment for services provided to recipients of medical
assistance, subject to limitations and exclusions the
department finds necessary on the basis of federal laws and
regulations and of funds available for the medical assistance
program.
DIVISION XXVIII
HOME MODIFICATION ASSISTANCE PROGRAM PLAN
Sec. 108. HOME MODIFICATION ASSISTANCE PROGRAM PLAN.
1. The aging and disability resource center and the mental
health and disability services commission shall jointly
develop a plan for a home modification assistance program to
provide grants and individual income tax credits to assist with
expenses related to the making of permanent home modifications
that permit individuals with a disability in this state to
remain in their homes and age in place. The plan shall include
the following components:
a. The plan shall develop criteria and procedures for
establishing eligibility of individuals with a disability
under the program, and in doing so the plan shall utilize the
definition of disability found in 42 U.S.C. {12102 and shall
require appropriate certifications from the primary health care
providers of individuals with a disability.
b. The plan shall establish criteria for determining the
type of home modification expenses that will be eligible for a
grant or tax credit award under the program.
c. The plan shall develop criteria and procedures for
receiving grants and tax credits under the program, and shall
determine the maximum amount of grants and tax credits that
may be provided to an individual with a disability under the
program.
d. The plan shall provide that individuals with a disability
shall utilize any funding for home modification under the
Medicaid program to the fullest extent possible before becoming
eligible to participate in the home modification assistance
program to ensure that the program's grants and tax credits do
not supplant available Medicaid program resources.
e. The plan shall provide that grants under the program
shall be available to individuals with a disability with annual
incomes that do not exceed 250 percent of the federal poverty
level, and that individual income tax credits under the program
shall be available to individuals with a disability with annual
incomes exceeding 250 percent but not exceeding 450 percent of
the federal poverty level.
f. The plan shall avoid placing unrealistic expectations
and overly burdensome requirements on individuals with a
disability and their families, particularly those living in
rural areas.
2. In developing the plan for the home modification
assistance program, the aging and disability resource center
and the mental health and disability services commission shall
seek input from and consult with the department on aging, the
department of human services, the department of revenue, and
other interested public and private stakeholders.
3. The aging and disability resource center and the mental
health and disability services commission shall submit the plan
on or before December 15, 2015, to the chairpersons and ranking
members of the joint appropriations subcommittee on health and
human services, to the chairpersons and ranking members of the
senate and house standing committees on human resources, to
the chairpersons and ranking members of the senate and house
standing committees on ways and means, and to the governor.
DIVISION XXIX
MEDICAID PROGRAM ASSET VERIFICATION
Sec. 109. MEDICAID PROGRAM ==== ASSET VERIFICATION. The
department of human services shall issue a request for
proposals to contract with a third=party vendor to establish
an electronic asset verification system for the purposes of
compliance with 42 U.S.C. {1396w requiring determination
or redetermination of the eligibility of an individual
who is an applicant for or recipient of medical assistance
under the Medicaid state plan on the basis of being aged,
blind, or disabled in accordance with 42 U.S.C. {1396w. The
third=party vendor selected shall be able to demonstrate in
writing its current relationships or contracts with financial
institutions in the state and nationally. Participation by
financial institutions in providing account balances for asset
verification shall remain voluntary.
Sec. 110. EFFECTIVE UPON ENACTMENT. This division of this
Act, being deemed of immediate importance, takes effect upon
enactment.
DIVISION XXX
REFUGEE FAMILY SUPPORT SERVICES ==== APPROPRIATION
Sec. 111. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM.
1. The bureau of refugee services within the department
of human services shall establish, promote, and administer a
refugee family support services pilot program for purposes of
providing a grant to a state, local, or community organization
working with refugee populations to contract with and train
multiple refugees to act as refugee community navigators.
2. An organization awarded a grant pursuant to this section
shall recruit and train multiple refugee community navigators
to educate and provide direct assistance to their respective
refugee communities so the refugee communities can successfully
access and utilize existing community resources and services.
3. The refugee community navigators shall train other
refugee community members and shall offer home=based,
peer=group learning sessions about resources in the community.
4. A grant awarded pursuant to this section shall be
used for employment costs of a program manager and community
navigator coordinator, and contract and stipend costs for
multiple refugee community navigators for each organization.
5. The bureau of refugee services shall award one grant to
a state, local, or community organization through a competitive
application process. The bureau shall provide moneys over a
three=year period to an organization awarded a grant.
6. A state, local, or community organization awarded a grant
pursuant to this section shall provide the bureau with annual
progress reports. The bureau of refugee services shall present
a report of the program goals and outcomes to the general
assembly.
7. The bureau of refugee services shall conduct a
comprehensive review of the refugee family support services
pilot program and shall, by December 31, 2017, submit a
report of its review, as well as any recommendations and cost
projections of its recommendations to the governor and the
general assembly.
8. The bureau of refugee services may expend program moneys
for administrative expenses as provided by law.
Sec. 112. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM
APPROPRIATION. There is appropriated from the general fund of
the state to the department of human services for the fiscal
year beginning July 1, 2015, and ending June 30, 2016, the
following amount, or so much thereof as is necessary, to be
used for the purposes designated:
For a pilot project pursuant to the refugee family support
services pilot project program created in this division of this
Act in a county with a population over 350,000 as determined by
the 2010 federal decennial census:
.................................................. $ 100,000
The amount appropriated under this section shall not
be reduced for administrative or other costs prior to
distribution.
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
DIVISION XXXI
PHYSICIAN ASSISTANT SUPERVISION
Sec. 113. ADMINISTRATIVE RULES ==== PHYSICIAN SUPERVISION OF
PHYSICIAN ASSISTANTS. The boards of medicine and physician
assistants shall jointly adopt rules pursuant to chapter 17A
to establish specific minimum standards or a definition of
supervision for appropriate supervision of physician assistants
by physicians. The boards shall jointly file notices of
intended action pursuant to section 17A.4, subsection 1,
paragraph "a", on or before February 1, 2016, for adoption of
such rules.
DIVISION XXXII
QUALITY ASSURANCE ASSESSMENT
Sec. 114. Section 249L.3, subsection 1, paragraph d, Code
2015, is amended to read as follows:
d. The aggregate quality assurance assessments imposed
under this chapter shall not exceed the lower of be established
at three percent of the aggregate non=Medicare revenues of a
nursing facility or the maximum amount that may be assessed
pursuant to the indirect guarantee threshold as established
pursuant to 42 C.F.R. {433.68(f)(3)(i), and shall be stated
on a per=patient=day basis. The aggregate quality assurance
assessment shall be recalibrated only concurrently with any
nursing facility rebasing.
DIVISION XXXIII
HOSPITAL ASSESSMENT
Sec. 115. HOSPITAL HEALTH CARE ACCESS ASSESSMENT PROGRAM ====
TRANSITION TO MANAGED CARE.
1. The department of human services shall include in any
Medicaid managed care contract entered into on or after July 1,
2015, a mechanism by which the capitated payment received by
the managed care contractor reflects the amount necessary to
continue reimbursement of participating hospitals by managed
care contractors in accordance with the provisions of chapter
249M. Such reimbursement shall preferably be provided through
lump sum payments to participating hospitals. Notwithstanding
any provisions of chapter 249M to the contrary, the department
may make administrative modifications to the hospital health
care access assessment program to comply with this section.
The department of human services shall work with participating
providers, including health systems and the Iowa hospital
association, to effectuate this section.
2. The department of human services shall submit
recommendations for any changes in statute or rules regarding
the hospital health care access assessment program necessitated
by the transition to managed care to the individuals identified
in this Act for submission of reports by December 15, 2015.
DIVISION XXXIV
BOARD OF RESPIRATORY CARE AND POLYSOMNOGRAPHY
Sec. 116. BOARD OF RESPIRATORY CARE AND POLYSOMNOGRAPHY. If
funding is appropriated for a fee=supported board of
respiratory care and polysomnography to administer chapter
148G, as enacted in 2015 Iowa Acts, House File 203, the
fee=supported model shall provide for repayment of the funds
appropriated to the state by June 30, 2018.
DIVISION XXXV
FOOD ASSISTANCE PROGRAM BONUS
Sec. 117. FOOD ASSISTANCE PROGRAM BONUS. Any funds
available to the department of human services during the fiscal
year beginning July 1, 2015, received from the United States
department of agriculture's food and nutrition service for
achieving a low case and procedural error rate and for ranking
third in the nation on certain case=related measures under the
supplemental nutrition assistance program, shall be used by the
department for the purposes of the appropriation in this Act
for the same fiscal year for the medical assistance program.
DIVISION XXXVI
MEDICAL ASSISTANCE SPECIAL NEEDS TRUST
Sec. 118. Section 633C.1, subsection 8, Code 2015, is
amended by striking the subsection.
Sec. 119. Section 633C.2, Code 2015, is amended by striking
the section and inserting in lieu thereof the following:
633C.2 Disposition of medical assistance special needs
trusts.
Any income or assets added to or received by and any income
or principal retained in a medical assistance special needs
trust shall be used in accordance with a standard that is
no more restrictive than specified under federal law. All
distributions from a medical assistance special needs trust
shall be for the sole benefit of the beneficiary to enhance
the quality of life of the beneficiary, and the trustee shall
have sole discretion regarding such disbursements to ensure
compliance with beneficiary eligibility requirements. Any
distinct disbursement in excess of one thousand dollars shall
be subject to review by the district court sitting in probate.
The department shall adopt rules pursuant to chapter 17A for
the establishment and disposition of medical assistance special
needs trusts in accordance with this section.
Sec. 120. Section 633C.4, subsection 2, Code 2015, is
amended to read as follows:
2. The trustee of a medical assistance income trust or
a medical assistance special needs trust is a fiduciary for
purposes of chapter 633A and, in the exercise of the trustee's
fiduciary duties, the state shall be considered a beneficiary
of the trust. Regardless of the terms of the trust, the
trustee shall not take any action that is not prudent in light
of the state's interest in the trust. Notwithstanding any
provision of chapter 633A to the contrary, the trustee of a
medical assistance special needs trust shall be subject to the
jurisdiction of the district court sitting in probate and shall
submit an accounting of the disposition of the trust to the
district court sitting in probate on an annual basis.
DIVISION XXXVII
DEPARTMENT ON AGING ==== FY 2016=2017
Sec. 121. DEPARTMENT ON AGING. There is appropriated from
the general fund of the state to the department on aging for
the fiscal year beginning July 1, 2016, and ending June 30,
2017, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For aging programs for the department on aging and area
agencies on aging to provide citizens of Iowa who are 60 years
of age and older with case management for frail elders, Iowa's
aging and disabilities resource center, and other services
which may include but are not limited to adult day services,
respite care, chore services, information and assistance,
and material aid, for information and options counseling for
persons with disabilities who are 18 years of age or older,
and for salaries, support, administration, maintenance, and
miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 5,699,866
............................................... FTEs 31.00
1. Funds appropriated in this section may be used to
supplement federal funds under federal regulations. To
receive funds appropriated in this section, a local area
agency on aging shall match the funds with moneys from other
sources according to rules adopted by the department. Funds
appropriated in this section may be used for elderly services
not specifically enumerated in this section only if approved
by an area agency on aging for provision of the service within
the area.
2. Of the funds appropriated in this section, $139,973 is
transferred to the economic development authority for the Iowa
commission on volunteer services to be used for the retired and
senior volunteer program.
3. a. The department on aging shall establish and enforce
procedures relating to expenditure of state and federal funds
by area agencies on aging that require compliance with both
state and federal laws, rules, and regulations, including but
not limited to all of the following:
(1) Requiring that expenditures are incurred only for goods
or services received or performed prior to the end of the
fiscal period designated for use of the funds.
(2) Prohibiting prepayment for goods or services not
received or performed prior to the end of the fiscal period
designated for use of the funds.
(3) Prohibiting the prepayment for goods or services
not defined specifically by good or service, time period, or
recipient.
(4) Prohibiting the establishment of accounts from which
future goods or services which are not defined specifically by
good or service, time period, or recipient, may be purchased.
b. The procedures shall provide that if any funds are
expended in a manner that is not in compliance with the
procedures and applicable federal and state laws, rules, and
regulations, and are subsequently subject to repayment, the
area agency on aging expending such funds in contravention of
such procedures, laws, rules and regulations, not the state,
shall be liable for such repayment.
4. Of the funds appropriated in this section, at least
$125,000 shall be used to fund the unmet needs identified
through Iowa's aging and disability resource center network.
5. Of the funds appropriated in this section, at least
$300,000 shall be used to fund home and community=based
services through the area agencies on aging that enable older
individuals to avoid more costly utilization of residential or
institutional services and remain in their own homes.
6. Of the funds appropriated in this section, $406,833
shall be used for the purposes of chapter 231E and section
231.56A, of which $144,333 shall be used for the office of
substitute decision maker pursuant to chapter 231E, and the
remainder shall be distributed equally to the area agencies on
aging to administer the prevention of elder abuse, neglect, and
exploitation program pursuant to section 231.56A, in accordance
with the requirements of the federal Older Americans Act of
1965, 42 U.S.C. {3001 et seq., as amended.
DIVISION XXXVIII
OFFICE OF LONG=TERM CARE OMBUDSMAN ==== FY 2016=2017
Sec. 122. OFFICE OF LONG=TERM CARE OMBUDSMAN.
1. There is appropriated from the general fund of the state
to the office of long=term care ombudsman for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purposes designated:
For salaries, support, administration, maintenance, and
miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 638,391
............................................... FTEs 17.00
2. Of the funds appropriated in this section, $110,000 shall
be used to continue to provide for additional local long=term
care ombudsmen.
DIVISION XXXIX
DEPARTMENT OF PUBLIC HEALTH ==== FY 2016=2017
Sec. 123. DEPARTMENT OF PUBLIC HEALTH. There is
appropriated from the general fund of the state to the
department of public health for the fiscal year beginning July
1, 2016, and ending June 30, 2017, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
1. ADDICTIVE DISORDERS
For reducing the prevalence of the use of tobacco, alcohol,
and other drugs, and treating individuals affected by addictive
behaviors, including gambling, and for not more than the
following full=time equivalent positions:
.................................................. $ 13,631,845
............................................... FTEs 10.00
a. (1) Of the funds appropriated in this subsection,
$2,624,180 shall be used for the tobacco use prevention
and control initiative, including efforts at the state and
local levels, as provided in chapter 142A. The commission
on tobacco use prevention and control established pursuant
to section 142A.3 shall advise the director of public health
in prioritizing funding needs and the allocation of moneys
appropriated for the programs and initiatives. Activities
of the programs and initiatives shall be in alignment with
the United States centers for disease control and prevention
best practices for comprehensive tobacco control programs that
include the goals of preventing youth initiation of tobacco
usage, reducing exposure to secondhand smoke, and promotion
of tobacco cessation. To maximize resources, the department
shall determine if third=party sources are available to
instead provide nicotine replacement products to an applicant
prior to provision of such products to an applicant under
the initiative. The department shall track and report to
the individuals specified in this Act, any reduction in
the provision of nicotine replacement products realized by
the initiative through implementation of the prerequisite
screening.
(2) (a) Of the funds allocated in this paragraph "a",
$226,533 is transferred to the alcoholic beverages division of
the department of commerce for enforcement of tobacco laws,
regulations, and ordinances and to engage in tobacco control
activities approved by the division of tobacco use prevention
and control of the department of public health as specified
in the memorandum of understanding entered into between the
divisions.
(b) For the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the terms of the memorandum of understanding,
entered into between the division of tobacco use prevention
and control of the department of public health and the
alcoholic beverages division of the department of commerce,
governing compliance checks conducted to ensure licensed retail
tobacco outlet conformity with tobacco laws, regulations, and
ordinances relating to persons under eighteen years of age,
shall continue to restrict the number of such checks to one
check per retail outlet, and one additional check for any
retail outlet found to be in violation during the first check.
b. Of the funds appropriated in this subsection,
$11,007,664 shall be used for problem gambling and
substance=related disorder prevention, treatment, and recovery
services, including a 24=hour helpline, public information
resources, professional training, and program evaluation.
(1) Of the funds allocated in this paragraph "b", $9,451,857
shall be used for substance=related disorder prevention and
treatment.
(a) Of the funds allocated in this subparagraph (1),
$449,650 shall be used for the public purpose of a grant
program to provide substance=related disorder prevention
programming for children.
(i) Of the funds allocated in this subparagraph division
(a), $213,769 shall be used for grant funding for organizations
that provide programming for children by utilizing mentors.
Programs approved for such grants shall be certified or must
be certified within six months of receiving the grant award
by the Iowa commission on volunteer services as utilizing the
standards for effective practice for mentoring programs.
(ii) Of the funds allocated in this subparagraph division
(a), $213,419 shall be used for grant funding for organizations
providing programming that includes youth development and
leadership services. The programs shall also be recognized as
being programs that are scientifically based with evidence of
their effectiveness in reducing substance=related disorders in
children.
(iii) The department of public health shall utilize a
request for proposals process to implement the grant program.
(iv) All grant recipients shall participate in a program
evaluation as a requirement for receiving grant funds.
(v) Of the funds allocated in this subparagraph division
(a), up to $22,461 may be used to administer substance=related
disorder prevention grants and for program evaluations.
(b) Of the funds allocated in this subparagraph
(1), $136,301 shall be used for culturally competent
substance=related disorder treatment pilot projects.
(i) The department shall utilize the amount allocated
in this subparagraph division (b) for at least three pilot
projects to provide culturally competent substance=related
disorder treatment in various areas of the state. Each pilot
project shall target a particular ethnic minority population.
The populations targeted shall include but are not limited to
African American, Asian, and Latino.
(ii) The pilot project requirements shall provide for
documentation or other means to ensure access to the cultural
competence approach used by a pilot project so that such
approach can be replicated and improved upon in successor
programs.
(2) Of the funds allocated in this paragraph "b", up
to $1,555,807 may be used for problem gambling prevention,
treatment, and recovery services.
(a) Of the funds allocated in this subparagraph (2),
$1,286,881 shall be used for problem gambling prevention and
treatment.
(b) Of the funds allocated in this subparagraph (2), up to
$218,926 may be used for a 24=hour helpline, public information
resources, professional training, and program evaluation.
(c) Of the funds allocated in this subparagraph (2), up
to $50,000 may be used for the licensing of problem gambling
treatment programs.
(3) It is the intent of the general assembly that from the
moneys allocated in this paragraph "b", persons with a dual
diagnosis of substance=related disorder and gambling addiction
shall be given priority in treatment services.
c. Notwithstanding any provision of law to the contrary,
to standardize the availability, delivery, cost of delivery,
and accountability of problem gambling and substance=related
disorder treatment services statewide, the department shall
continue implementation of a process to create a system
for delivery of treatment services in accordance with the
requirements specified in 2008 Iowa Acts, chapter 1187, section
3, subsection 4. To ensure the system provides a continuum
of treatment services that best meets the needs of Iowans,
the problem gambling and substance=related disorder treatment
services in any area may be provided either by a single agency
or by separate agencies submitting a joint proposal.
(1) The system for delivery of substance=related disorder
and problem gambling treatment shall include problem gambling
prevention.
(2) The system for delivery of substance=related disorder
and problem gambling treatment shall include substance=related
disorder prevention by July 1, 2017.
(3) Of the funds allocated in paragraph "b", the department
may use up to $50,000 for administrative costs to continue
developing and implementing the process in accordance with this
paragraph "c".
d. The requirement of section 123.53, subsection 5, is met
by the appropriations and allocations made in this division of
this Act for purposes of substance=related disorder treatment
and addictive disorders for the fiscal year beginning July 1,
2016.
e. The department of public health shall work with all
other departments that fund substance=related disorder
prevention and treatment services and all such departments
shall, to the extent necessary, collectively meet the state
maintenance of effort requirements for expenditures for
substance=related disorder services as required under the
federal substance=related disorder prevention and treatment
block grant.
2. HEALTHY CHILDREN AND FAMILIES
For promoting the optimum health status for children,
adolescents from birth through 21 years of age, and families,
and for not more than the following full=time equivalent
positions:
.................................................. $ 2,308,771
............................................... FTEs 12.00
a. Of the funds appropriated in this subsection, not more
than $367,420 shall be used for the healthy opportunities for
parents to experience success (HOPES)=healthy families Iowa
(HFI) program established pursuant to section 135.106. The
funding shall be distributed to renew the grants that were
provided to the grantees that operated the program during the
fiscal year ending June 30, 2016.
b. In order to implement the legislative intent stated in
sections 135.106 and 256I.9, that priority for home visitation
program funding be given to programs using evidence=based or
promising models for home visitation, it is the intent of the
general assembly to phase in the funding priority in accordance
with 2012 Iowa Acts, chapter 1133, section 2, subsection 2,
paragraph "0b".
c. Of the funds appropriated in this subsection, $1,099,414
shall be used for continuation of the department's initiative
to provide for adequate developmental surveillance and
screening during a child's first five years. The funds shall
be used first to fully fund the current sites to ensure that
the sites are fully operational, with the remaining funds
to be used for expansion to additional sites. The full
implementation and expansion shall include enhancing the scope
of the program through collaboration with the child health
specialty clinics to promote healthy child development through
early identification and response to both biomedical and social
determinants of healthy development; by monitoring child
health metrics to inform practice, document long=term health
impacts and savings, and provide for continuous improvement
through training, education, and evaluation; and by providing
for practitioner consultation particularly for children with
behavioral conditions and needs. The department of public
health shall also collaborate with the Iowa Medicaid enterprise
and the child health specialty clinics to integrate the
activities of the first five initiative into the establishment
of patient=centered medical homes, community utilities,
accountable care organizations, and other integrated care
models developed to improve health quality and population
health while reducing health care costs. To the maximum extent
possible, funding allocated in this paragraph shall be utilized
as matching funds for medical assistance program reimbursement.
d. Of the funds appropriated in this subsection, $37,320
shall be distributed to a statewide dental carrier to provide
funds to continue the donated dental services program patterned
after the projects developed by the lifeline network to provide
dental services to indigent individuals who are elderly or with
disabilities.
e. Of the funds appropriated in this subsection, $55,997
shall be used for childhood obesity prevention.
f. Of the funds appropriated in this subsection, $81,384
shall be used to provide audiological services and hearing
aids for children. The department may enter into a contract
to administer this paragraph.
g. Of the funds appropriated in this subsection, $12,500 is
transferred to the university of Iowa college of dentistry for
provision of primary dental services to children. State funds
shall be matched on a dollar=for=dollar basis. The university
of Iowa college of dentistry shall coordinate efforts with the
department of public health, bureau of oral and health delivery
systems, to provide dental care to underserved populations
throughout the state.
h. Of the funds appropriated in this subsection, $25,000
shall be used to address youth suicide prevention.
i. Of the funds appropriated in this subsection, $25,000
shall be used to support the Iowa effort to address the survey
of children who experience adverse childhood experiences known
as ACEs.
j. The department of public health shall continue to
administer the program to assist parents in this state with
costs resulting from the death of a child in accordance with
the provisions of 2014 Iowa Acts, chapter 1140, section 22,
subsection 12.
3. CHRONIC CONDITIONS
For serving individuals identified as having chronic
conditions or special health care needs, and for not more than
the following full=time equivalent positions:
.................................................. $ 2,477,846
............................................... FTEs 5.00
a. Of the funds appropriated in this subsection, $79,966
shall be used for grants to individual patients who have an
inherited metabolic disorder to assist with the costs of
medically necessary foods and formula.
b. Of the funds appropriated in this subsection, $445,822
shall be used for the brain injury services program pursuant to
section 135.22B, including for continuation of the contracts
for resource facilitator services in accordance with section
135.22B, subsection 9, and to enhance brain injury training and
recruitment of service providers on a statewide basis. Of the
amount allocated in this paragraph, $47,500 shall be used to
fund one full=time equivalent position to serve as the state
brain injury services program manager.
c. Of the funds appropriated in this subsection, $273,991
shall be used as additional funding to leverage federal funding
through the federal Ryan White Care Act, Tit. II, AIDS drug
assistance program supplemental drug treatment grants.
d. Of the funds appropriated in this subsection, $74,911
shall be used for the public purpose of continuing to contract
with an existing national=affiliated organization to provide
education, client=centered programs, and client and family
support for people living with epilepsy and their families.
The amount allocated in this paragraph in excess of $50,000
shall be matched dollar=for=dollar by the organization
specified.
e. Of the funds appropriated in this subsection, $392,557
shall be used for child health specialty clinics.
f. Of the funds appropriated in this subsection, $200,000
shall be used by the regional autism assistance program
established pursuant to section 256.35, and administered by
the child health specialty clinic located at the university of
Iowa hospitals and clinics. The funds shall be used to enhance
interagency collaboration and coordination of educational,
medical, and other human services for persons with autism,
their families, and providers of services, including delivering
regionalized services of care coordination, family navigation,
and integration of services through the statewide system of
regional child health specialty clinics and fulfilling other
requirements as specified in chapter 225D. The university of
Iowa shall not receive funds allocated under this paragraph for
indirect costs associated with the regional autism assistance
program.
g. Of the funds appropriated in this subsection, $285,496
shall be used for the comprehensive cancer control program to
reduce the burden of cancer in Iowa through prevention, early
detection, effective treatment, and ensuring quality of life.
Of the funds allocated in this paragraph "g", $75,000 shall
be used to support a melanoma research symposium, a melanoma
biorepository and registry, basic and translational melanoma
research, and clinical trials.
h. Of the funds appropriated in this subsection, $63,225
shall be used for cervical and colon cancer screening, and
$150,000 shall be used to enhance the capacity of the cervical
cancer screening program to include provision of recommended
prevention and early detection measures to a broader range of
low=income women.
i. Of the funds appropriated in this subsection, $263,347
shall be used for the center for congenital and inherited
disorders.
j. Of the funds appropriated in this subsection, $64,705
shall be used for the prescription drug donation repository
program created in chapter 135M.
k. Of the funds appropriated in this subsection,
$107,631 shall be used by the department of public health
for reform=related activities, including but not limited to
facilitation of communication to stakeholders at the state and
local level, administering the patient=centered health advisory
council pursuant to section 135.159, and involvement in health
care system innovation activities occurring across the state.
l. Of the funds appropriated in this subsection, $12,500
shall be used for administration of chapter 124D, the medical
cannabidiol Act.
4. COMMUNITY CAPACITY
For strengthening the health care delivery system at the
local level, and for not more than the following full=time
equivalent positions:
.................................................. $ 4,410,667
............................................... FTEs 11.00
a. Of the funds appropriated in this subsection, $49,707
is allocated for continuation of the child vision screening
program implemented through the university of Iowa hospitals
and clinics in collaboration with early childhood Iowa areas.
The program shall submit a report to the individuals identified
in this Act for submission of reports regarding the use of
funds allocated under this paragraph "a". The report shall
include the objectives and results for the program year
including the target population and how the funds allocated
assisted the program in meeting the objectives; the number,
age, and location within the state of individuals served;
the type of services provided to the individuals served; the
distribution of funds based on service provided; and the
continuing needs of the program.
b. Of the funds appropriated in this subsection, $55,328 is
allocated for continuation of an initiative implemented at the
university of Iowa and $49,952 is allocated for continuation of
an initiative at the state mental health institute at Cherokee
to expand and improve the workforce engaged in mental health
treatment and services. The initiatives shall receive input
from the university of Iowa, the department of human services,
the department of public health, and the mental health and
disability services commission to address the focus of the
initiatives.
c. Of the funds appropriated in this subsection, $582,314
shall be used for essential public health services that promote
healthy aging throughout one's lifespan, contracted through a
formula for local boards of health, to enhance health promotion
and disease prevention services.
d. Of the funds appropriated in this section, $49,643 shall
be deposited in the governmental public health system fund
created in section 135A.8 to be used for the purposes of the
fund.
e. Of the funds appropriated in this subsection, $52,724
shall be used to continue to address the shortage of mental
health professionals in the state.
f. Of the funds appropriated in this subsection,
$25,000 shall be used for a grant to a statewide association
of psychologists that is affiliated with the American
psychological association to be used for continuation of a
program to rotate intern psychologists in placements in urban
and rural mental health professional shortage areas, as defined
in section 135.180.
g. (1) Of the funds appropriated in this subsection,
$1,441,484 shall be allocated as a grant to the Iowa primary
care association to be used pursuant to section 135.153 for
the statewide coordination of the Iowa collaborative safety
net provider network. Coordination of the network shall
focus on increasing access by underserved populations to
health care services, increasing integration of the health
system and collaboration across the continuum of care with
a focus on safety net services, and enhancing the Iowa
collaborative safety net provider network's communication and
education efforts. The amount allocated as a grant under this
subparagraph (1) shall be used as follows to support the Iowa
collaborative safety net provider network goals of increased
access, health system integration, and engagement:
(a) For distribution to safety net partners in the state
that work to increase access of the underserved population to
health services:
.................................................. $ 512,742
(i) Of the amount allocated in this subparagraph
division (a), up to $206,707 shall be distributed to the
Iowa prescription drug corporation for continuation of the
pharmaceutical infrastructure for safety net providers as
described in 2007 Iowa Acts, chapter 218, section 108.
(ii) Of the amount allocated in this subparagraph division
(a), up to $174,161 shall be distributed to free clinics and
free clinics of Iowa for necessary infrastructure, statewide
coordination, provider recruitment, service delivery, and
provision of assistance to patients in securing a medical home
inclusive of oral health care.
(iii) Of the amount allocated in this subparagraph
division (a), up to $25,000 shall be distributed to the
Iowa coalition against sexual assault to continue a training
program for sexual assault response team (SART) members,
including representatives of law enforcement, victim advocates,
prosecutors, and certified medical personnel.
(iv) Of the amount allocated in this subparagraph division
(a), up to $106,874 shall be distributed to the Polk county
medical society for continuation of the safety net provider
patient access to a specialty health care initiative as
described in 2007 Iowa Acts, chapter 218, section 109.
(b) For distribution to safety net partners in the
state that work to increase health system integration, care
coordination, and collaboration across the continuum of care
with a focus on safety net services. Such efforts shall
include but not be limited to community care coordination team
development and integration of medical and behavioral health
services. Efforts shall also include working, in conjunction
with the department of human services and the department
of public health, to support Medicaid managed care efforts
inclusive of the state innovation model through the continued
development and implementation of community care coordination
teams. Implementation of the community care coordination
teams shall be accomplished through a statewide regionally
based network that provides an integrated approach to health
care delivery through care coordination that supports primary
care providers and links patients with community resources
necessary to empower patients in addressing biomedical and
social determinants of health to improve health outcomes:
.................................................. $ 836,099
(c) For distribution to safety net partners in the state
that work to serve as a resource for credible, accurate
information on health care=related needs and services
for vulnerable populations in the state including the
Iowa association of rural health clinics for necessary
infrastructure and service delivery transformation and the Iowa
primary care association to support partner engagement, program
management, and statewide coordination of the network:
.................................................. $ 92,642
(2) The amount allocated under this paragraph "g" shall
not be reduced for administrative or other costs prior to
distribution. The Iowa collaborative safety net provider
network may continue to distribute funds allocated pursuant to
this paragraph "g" through existing contracts or renewal of
existing contracts.
(3) For each goal of the Iowa collaborative safety net
provider network, the Iowa primary care association shall
submit a progress report to the individuals designated in this
Act for submission of reports by December 15, 2016, including
progress in developing and implementing the network, how the
funds were distributed and used in developing and implementing
the network, and the remaining needs identified to fully
develop and implement the network.
h. Of the funds appropriated in this subsection, $106,700
shall be used for continuation of the work of the direct care
worker advisory council established pursuant to 2008 Iowa Acts,
chapter 1188, section 69, in implementing the recommendations
in the final report submitted by the advisory council to the
governor and the general assembly in March 2012, including
by continuing to develop, promote, and make available on a
statewide basis the prepare=to=care core curriculum and its
associated modules and specialties through various formats
including online access, community colleges, and other venues;
exploring new and maintaining existing specialties including
but not limited to oral health and dementia care; supporting
instructor training; and assessing and making recommendations
concerning the Iowa care book and information technology
systems and infrastructure uses and needs.
i. (1) Of the funds appropriated in this subsection,
$108,187 shall be used for allocation to an independent
statewide direct care worker organization selected through a
request for proposals process. The contract shall include
performance and outcomes measures, and shall allow the
contractor to use a portion of the funds received under the
contract to collect data to determine results based on the
performance and outcomes measures.
(2) Of the funds appropriated in this subsection, $37,500
shall be used to provide scholarships or other forms of
subsidization for direct care worker educational conferences,
training, or outreach activities.
j. Of the funds appropriated in this subsection, the
department may use up to $29,087 for up to one full=time
equivalent position to administer the volunteer health care
provider program pursuant to section 135.24.
k. Of the funds appropriated in this subsection, $50,000
shall be used for a matching dental education loan repayment
program to be allocated to a dental nonprofit health service
corporation to continue to develop the criteria and implement
the loan repayment program.
l. Of the funds appropriated in this subsection, $52,911 is
transferred to the college student aid commission for deposit
in the rural Iowa primary care trust fund created in section
261.113 to be used for the purposes of the fund.
m. Of the funds appropriated in this subsection, $125,000
shall be used for the purposes of the Iowa donor registry as
specified in section 142C.18.
n. Of the funds appropriated in this subsection, $50,000
shall be used for continuation of a grant to a nationally
affiliated volunteer eye organization that has an established
program for children and adults and that is solely dedicated to
preserving sight and preventing blindness through education,
nationally certified vision screening and training, and
community and patient service programs. The organization
shall submit a report to the individuals identified in this
Act for submission of reports regarding the use of funds
allocated under this paragraph "n". The report shall include
the objectives and results for the program year including
the target population and how the funds allocated assisted
the program in meeting the objectives; the number, age, and
location within the state of individuals served; the type of
services provided to the individuals served; the distribution
of funds based on services provided; and the continuing needs
of the program.
o. Of the funds appropriated in this subsection, $1,000,000
shall be deposited in the medical residency training account
created in section 135.175, subsection 5, paragraph "a", and
is appropriated from the account to the department of public
health to be used for the purposes of the medical residency
training state matching grants program as specified in section
135.176. However, notwithstanding any provision to the
contrary in section 135.176, priority in the awarding of grants
shall be given to sponsors that propose preference in the use
of the grant funds for psychiatric residency positions and
family practice residency positions.
p. Of the funds appropriated in this subsection, $78,309 is
allocated to the university of Iowa hospitals and clinics to
continue a systematic and evidence=based practice collaborative
care model to improve outcomes of mental health treatment in
primary care settings in the state. Funds shall be used to
establish the collaborative care model in several primary care
practices in rural and urban areas throughout the state, to
provide staffing to administer the model, and to provide staff
training and database management to track and manage patient
outcomes.
5. HEALTHY AGING
To provide public health services that reduce risks and
invest in promoting and protecting good health over the
course of a lifetime with a priority given to older Iowans and
vulnerable populations:
.................................................. $ 3,648,571
6. INFECTIOUS DISEASES
For reducing the incidence and prevalence of communicable
diseases, and for not more than the following full=time
equivalent positions:
.................................................. $ 667,577
............................................... FTEs 4.00
7. PUBLIC PROTECTION
For protecting the health and safety of the public through
establishing standards and enforcing regulations, and for not
more than the following full=time equivalent positions:
.................................................. $ 2,169,595
............................................... FTEs 136.00
a. Of the funds appropriated in this subsection, not more
than $227,350 shall be credited to the emergency medical
services fund created in section 135.25. Moneys in the
emergency medical services fund are appropriated to the
department to be used for the purposes of the fund.
b. Of the funds appropriated in this subsection, $101,516
shall be used for sexual violence prevention programming
through a statewide organization representing programs
serving victims of sexual violence through the department's
sexual violence prevention program. The amount allocated
in this paragraph "b" shall not be used to supplant funding
administered for other sexual violence prevention or victims
assistance programs.
c. Of the funds appropriated in this subsection, $299,375
shall be used for the state poison control center. Pursuant
to the directive under 2014 Iowa Acts, chapter 1140, section
102, the federal matching funds available to the state poison
control center from the department of human services under the
federal Children's Health Insurance Program Reauthorization Act
allotment shall be subject to the federal administrative cap
rule of 10 percent applicable to funding provided under Tit.
XXI of the federal Social Security Act and included within the
department's calculations of the cap.
d. Of the funds appropriated in this subsection, $268,875
shall be used for childhood lead poisoning provisions.
8. RESOURCE MANAGEMENT
For establishing and sustaining the overall ability of the
department to deliver services to the public, and for not more
than the following full=time equivalent positions:
.................................................. $ 427,536
............................................... FTEs 4.00
The university of Iowa hospitals and clinics under the
control of the state board of regents shall not receive
indirect costs from the funds appropriated in this section.
The university of Iowa hospitals and clinics billings to the
department shall be on at least a quarterly basis.
DIVISION XL
DEPARTMENT OF VETERANS AFFAIRS ==== FY 2016=2017
Sec. 124. DEPARTMENT OF VETERANS AFFAIRS. There is
appropriated from the general fund of the state to the
department of veterans affairs for the fiscal year beginning
July 1, 2016, and ending June 30, 2017, the following amounts,
or so much thereof as is necessary, to be used for the purposes
designated:
1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION
For salaries, support, maintenance, and miscellaneous
purposes, and for not more than the following full=time
equivalent positions:
.................................................. $ 600,273
............................................... FTEs 15.00
2. IOWA VETERANS HOME
For salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 3,797,498
a. The Iowa veterans home billings involving the department
of human services shall be submitted to the department on at
least a monthly basis.
b. If there is a change in the employer of employees
providing services at the Iowa veterans home under a collective
bargaining agreement, such employees and the agreement shall
be continued by the successor employer as though there had not
been a change in employer.
c. Within available resources and in conformance with
associated state and federal program eligibility requirements,
the Iowa veterans home may implement measures to provide
financial assistance to or on behalf of veterans or their
spouses who are participating in the community reentry program.
d. The Iowa veterans home expenditure report shall be
submitted monthly to the legislative services agency.
3. HOME OWNERSHIP ASSISTANCE PROGRAM
For transfer to the Iowa finance authority for the
continuation of the home ownership assistance program for
persons who are or were eligible members of the armed forces of
the United States, pursuant to section 16.54:
.................................................. $ 1,250,000
Sec. 125. LIMITATION OF COUNTY COMMISSIONS OF VETERAN
AFFAIRS FUND STANDING APPROPRIATIONS. Notwithstanding the
standing appropriation in section 35A.16 for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the amount
appropriated from the general fund of the state pursuant to
that section for the following designated purposes shall not
exceed the following amount:
For the county commissions of veteran affairs fund under
section 35A.16:
.................................................. $ 495,000
DIVISION XLI
DEPARTMENT OF HUMAN SERVICES ==== FY 2016=2017
Sec. 126. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT. There is appropriated from the fund created in section
8.41 to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, from moneys
received under the federal temporary assistance for needy
families (TANF) block grant pursuant to the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,
Pub. L. No. 104=193, and successor legislation, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
1. To be credited to the family investment program account
and used for assistance under the family investment program
under chapter 239B:
.................................................. $ 2,568,497
2. To be credited to the family investment program account
and used for the job opportunities and basic skills (JOBS)
program and implementing family investment agreements in
accordance with chapter 239B:
.................................................. $ 5,069,089
3. To be used for the family development and
self=sufficiency grant program in accordance with section
216A.107:
.................................................. $ 1,449,490
Notwithstanding section 8.33, moneys appropriated in this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the purposes designated until the close of
the succeeding fiscal year. However, unless such moneys are
encumbered or obligated on or before September 30, 2016, the
moneys shall revert.
4. For field operations:
.................................................. $ 15,648,116
5. For general administration:
.................................................. $ 1,872,000
6. For state child care assistance:
.................................................. $ 17,523,555
a. Of the funds appropriated in this subsection,
$13,164,048 is transferred to the child care and development
block grant appropriation made by the Eighty=sixth General
Assembly, 2016 Session, for the federal fiscal year beginning
October 1, 2016, and ending September 30, 2017. Of this
amount, $100,000 shall be used for provision of educational
opportunities to registered child care home providers in order
to improve services and programs offered by this category
of providers and to increase the number of providers. The
department may contract with institutions of higher education
or child care resource and referral centers to provide
the educational opportunities. Allowable administrative
costs under the contracts shall not exceed 5 percent. The
application for a grant shall not exceed two pages in length.
b. Any funds appropriated in this subsection remaining
unallocated shall be used for state child care assistance
payments for families who are employed including but not
limited to individuals enrolled in the family investment
program.
7. For distribution to counties and regions through the
property tax relief fund for mental health and disability
services as provided in an appropriation made for this purpose:
.................................................. $ 2,447,026
8. For child and family services:
.................................................. $ 16,042,215
9. For child abuse prevention grants:
.................................................. $ 62,500
10. For pregnancy prevention grants on the condition that
family planning services are funded:
.................................................. $ 965,033
Pregnancy prevention grants shall be awarded to programs
in existence on or before July 1, 2016, if the programs have
demonstrated positive outcomes. Grants shall be awarded to
pregnancy prevention programs which are developed after July
1, 2016, if the programs are based on existing models that
have demonstrated positive outcomes. Grants shall comply with
the requirements provided in 1997 Iowa Acts, chapter 208,
section 14, subsections 1 and 2, including the requirement that
grant programs must emphasize sexual abstinence. Priority in
the awarding of grants shall be given to programs that serve
areas of the state which demonstrate the highest percentage of
unplanned pregnancies of females of childbearing age within the
geographic area to be served by the grant.
11. For technology needs and other resources necessary
to meet federal welfare reform reporting, tracking, and case
management requirements:
.................................................. $ 518,593
12. For the family investment program share of the costs to
continue to develop and maintain a new, integrated eligibility
determination system:
.................................................. $ 3,327,440
13. a. Notwithstanding any provision to the contrary,
including but not limited to requirements in section 8.41 or
provisions in 2015 or 2016 Iowa Acts regarding the receipt and
appropriation of federal block grants, federal funds from the
temporary assistance for needy families block grant received by
the state and not otherwise appropriated in this section and
remaining available for the fiscal year beginning July 1, 2016,
are appropriated to the department of human services to the
extent as may be necessary to be used in the following priority
order: the family investment program, for state child care
assistance program payments for families who are employed, and
for the family investment program share of costs to develop and
maintain a new, integrated eligibility determination system.
The federal funds appropriated in this paragraph "a" shall be
expended only after all other funds appropriated in subsection
1 for the assistance under the family investment program,
in subsection 6 for child care assistance, or in subsection
12 for the family investment program share of the costs to
continue to develop and maintain a new, integrated eligibility
determination system, as applicable, have been expended. For
the purposes of this subsection, the funds appropriated in
subsection 6, paragraph "a", for transfer to the child care
and development block grant appropriation are considered fully
expended when the full amount has been transferred.
b. The department shall, on a quarterly basis, advise the
legislative services agency and department of management of
the amount of funds appropriated in this subsection that was
expended in the prior quarter.
14. Of the amounts appropriated in this section, $6,481,004
for the fiscal year beginning July 1, 2016, is transferred to
the appropriation of the federal social services block grant
made to the department of human services for that fiscal year.
15. For continuation of the program providing categorical
eligibility for the food assistance program as specified for
the program in the section of this division of this 2016 Act
relating to the family investment program account:
.................................................. $ 12,500
16. The department may transfer funds allocated in this
section to the appropriations made in this division of this Act
for the same fiscal year for general administration and field
operations for resources necessary to implement and operate the
services referred to in this section and those funded in the
appropriation made in this division of this Act for the same
fiscal year for the family investment program from the general
fund of the state.
Sec. 127. FAMILY INVESTMENT PROGRAM ACCOUNT.
1. Moneys credited to the family investment program (FIP)
account for the fiscal year beginning July 1, 2016, and
ending June 30, 2017, shall be used to provide assistance in
accordance with chapter 239B.
2. The department may use a portion of the moneys credited
to the FIP account under this section as necessary for
salaries, support, maintenance, and miscellaneous purposes.
3. The department may transfer funds allocated in
subsection 4 to the appropriations made in this division of
this Act for the same fiscal year for general administration
and field operations for resources necessary to implement and
operate the family investment program services referred to in
this section and those funded in the appropriation made in this
division of this Act for the same fiscal year for the family
investment program from the general fund of the state.
4. Moneys appropriated in this division of this Act and
credited to the FIP account for the fiscal year beginning July
1, 2016, and ending June 30, 2017, are allocated as follows:
a. To be retained by the department of human services to
be used for coordinating with the department of human rights
to more effectively serve participants in FIP and other shared
clients and to meet federal reporting requirements under the
federal temporary assistance for needy families block grant:
.................................................. $ 10,000
b. To the department of human rights for staffing,
administration, and implementation of the family development
and self=sufficiency grant program in accordance with section
216A.107:
.................................................. $ 3,096,417
(1) Of the funds allocated for the family development
and self=sufficiency grant program in this paragraph "b",
not more than 5 percent of the funds shall be used for the
administration of the grant program.
(2) The department of human rights may continue to implement
the family development and self=sufficiency grant program
statewide during fiscal year 2016=2017.
(3) The department of human rights may engage in activities
to strengthen and improve family outcomes measures and
data collection systems under the family development and
self=sufficiency grant program.
c. For the diversion subaccount of the FIP account:
.................................................. $ 407,500
A portion of the moneys allocated for the subaccount may
be used for field operations, salaries, data management
system development, and implementation costs and support
deemed necessary by the director of human services in order
to administer the FIP diversion program. To the extent
moneys allocated in this paragraph "c" are not deemed by the
department to be necessary to support diversion activities,
such moneys may be used for other efforts intended to increase
engagement by family investment program participants in work,
education, or training activities.
d. For the food assistance employment and training program:
.................................................. $ 33,294
(1) The department shall apply the federal supplemental
nutrition assistance program (SNAP) employment and training
state plan in order to maximize to the fullest extent permitted
by federal law the use of the 50 percent federal reimbursement
provisions for the claiming of allowable federal reimbursement
funds from the United States department of agriculture
pursuant to the federal SNAP employment and training program
for providing education, employment, and training services
for eligible food assistance program participants, including
but not limited to related dependent care and transportation
expenses.
(2) The department shall continue the categorical federal
food assistance program eligibility at 160 percent of the
federal poverty level and continue to eliminate the asset test
from eligibility requirements, consistent with federal food
assistance program requirements. The department shall include
as many food assistance households as is allowed by federal
law. The eligibility provisions shall conform to all federal
requirements including requirements addressing individuals who
are incarcerated or otherwise ineligible.
e. For the JOBS program:
.................................................. $ 8,770,199
5. Of the child support collections assigned under FIP,
an amount equal to the federal share of support collections
shall be credited to the child support recovery appropriation
made in this division of this Act. Of the remainder of the
assigned child support collections received by the child
support recovery unit, a portion shall be credited to the FIP
account, a portion may be used to increase recoveries, and a
portion may be used to sustain cash flow in the child support
payments account. If as a consequence of the appropriations
and allocations made in this section the resulting amounts
are insufficient to sustain cash assistance payments and meet
federal maintenance of effort requirements, the department
shall seek supplemental funding. If child support collections
assigned under FIP are greater than estimated or are otherwise
determined not to be required for maintenance of effort, the
state share of either amount may be transferred to or retained
in the child support payments account.
6. The department may adopt emergency rules for the family
investment, JOBS, food assistance, and medical assistance
programs if necessary to comply with federal requirements.
Sec. 128. FAMILY INVESTMENT PROGRAM GENERAL FUND. There
is appropriated from the general fund of the state to the
department of human services for the fiscal year beginning July
1, 2016, and ending June 30, 2017, the following amount, or
so much thereof as is necessary, to be used for the purpose
designated:
To be credited to the family investment program (FIP)
account and used for family investment program assistance under
chapter 239B:
.................................................. $ 24,336,937
1. Of the funds appropriated in this section, $3,701,110 is
allocated for the JOBS program.
2. Of the funds appropriated in this section, $1,656,927 is
allocated for the family development and self=sufficiency grant
program.
3. Notwithstanding section 8.39, for the fiscal year
beginning July 1, 2016, if necessary to meet federal
maintenance of effort requirements or to transfer federal
temporary assistance for needy families block grant funding
to be used for purposes of the federal social services block
grant or to meet cash flow needs resulting from delays in
receiving federal funding or to implement, in accordance with
this division of this Act, activities currently funded with
juvenile court services, county, or community moneys and state
moneys used in combination with such moneys, the department
of human services may transfer funds within or between any
of the appropriations made in this division of this Act and
appropriations in law for the federal social services block
grant to the department for the following purposes, provided
that the combined amount of state and federal temporary
assistance for needy families block grant funding for each
appropriation remains the same before and after the transfer:
a. For the family investment program.
b. For child care assistance.
c. For child and family services.
d. For field operations.
e. For general administration.
f. For distribution to counties or regions through the
property tax relief fund for mental health and disability
services as provided in an appropriation for this purpose.
This subsection shall not be construed to prohibit the use
of existing state transfer authority for other purposes. The
department shall report any transfers made pursuant to this
subsection to the legislative services agency.
4. Of the funds appropriated in this section, $97,839 shall
be used for continuation of a grant to an Iowa=based nonprofit
organization with a history of providing tax preparation
assistance to low=income Iowans in order to expand the usage of
the earned income tax credit. The purpose of the grant is to
supply this assistance to underserved areas of the state.
5. Of the funds appropriated in this section, $30,000 shall
be used for the continuation of an unfunded pilot project, as
defined in 441 IAC 100.1, relating to parental obligations,
in which the child support recovery unit participates, to
support the efforts of a nonprofit organization committed to
strengthening the community through youth development, healthy
living, and social responsibility headquartered in a county
with a population over 350,000. The funds allocated in this
subsection shall be used by the recipient organization to
develop a larger community effort, through public and private
partnerships, to support a broad=based multi=county fatherhood
initiative that promotes payment of child support obligations,
improved family relationships, and full=time employment.
6. The department may transfer funds appropriated in this
section to the appropriations made in this division of this Act
for general administration and field operations as necessary
to administer this section and the overall family investment
program.
Sec. 129. CHILD SUPPORT RECOVERY. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the following amount, or so much thereof as is
necessary, to be used for the purposes designated:
For child support recovery, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 7,331,686
............................................... FTEs 464.00
1. The department shall expend up to $12,164, including
federal financial participation, for the fiscal year beginning
July 1, 2016, for a child support public awareness campaign.
The department and the office of the attorney general shall
cooperate in continuation of the campaign. The public
awareness campaign shall emphasize, through a variety of
media activities, the importance of maximum involvement of
both parents in the lives of their children as well as the
importance of payment of child support obligations.
2. Federal access and visitation grant moneys shall be
issued directly to private not=for=profit agencies that provide
services designed to increase compliance with the child access
provisions of court orders, including but not limited to
neutral visitation sites and mediation services.
3. The appropriation made to the department for child
support recovery may be used throughout the fiscal year in the
manner necessary for purposes of cash flow management, and for
cash flow management purposes the department may temporarily
draw more than the amount appropriated, provided the amount
appropriated is not exceeded at the close of the fiscal year.
4. With the exception of the funding amount specified, the
requirements established under 2001 Iowa Acts, chapter 191,
section 3, subsection 5, paragraph "c", subparagraph (3), shall
be applicable to parental obligation pilot projects for the
fiscal year beginning July 1, 2016, and ending June 30, 2017.
Notwithstanding 441 IAC 100.8, providing for termination of
rules relating to the pilot projects, the rules shall remain
in effect until June 30, 2017.
Sec. 130. HEALTH CARE TRUST FUND ==== MEDICAL ASSISTANCE ====
FY 2016=2017. Any funds remaining in the health care trust
fund created in section 453A.35A for the fiscal year beginning
July 1, 2016, and ending June 30, 2017, are appropriated to
the department of human services to supplement the medical
assistance program appropriations made in this division of this
Act, for medical assistance reimbursement and associated costs,
including program administration and costs associated with
program implementation.
Sec. 131. MEDICAID FRAUD FUND ==== MEDICAL ASSISTANCE ==== FY
2016=2017. Any funds remaining in the Medicaid fraud fund
created in section 249A.50 for the fiscal year beginning
July 1, 2016, and ending June 30, 2017, are appropriated to
the department of human services to supplement the medical
assistance appropriations made in this division of this Act,
for medical assistance reimbursement and associated costs,
including program administration and costs associated with
program implementation.
Sec. 132. MEDICAL ASSISTANCE. There is appropriated from
the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the following amount, or so much thereof as is
necessary, to be used for the purpose designated:
For medical assistance program reimbursement and associated
costs as specifically provided in the reimbursement
methodologies in effect on June 30, 2016, except as otherwise
expressly authorized by law, consistent with options under
federal law and regulations, and contingent upon receipt of
approval from the office of the governor of reimbursement for
each abortion performed under the program:
.................................................. $651,595,782
1. Iowans support reducing the number of abortions
performed in our state. Funds appropriated under this section
shall not be used for abortions, unless otherwise authorized
under this section.
2. The provisions of this section relating to abortions
shall also apply to the Iowa health and wellness plan created
pursuant to chapter 249N.
3. The department shall utilize not more than $30,000 of
the funds appropriated in this section to continue the AIDS/HIV
health insurance premium payment program as established in 1992
Iowa Acts, Second Extraordinary Session, chapter 1001, section
409, subsection 6. Of the funds allocated in this subsection,
not more than $2,500 may be expended for administrative
purposes.
4. Of the funds appropriated in this Act to the department
of public health for addictive disorders, $475,000 for
the fiscal year beginning July 1, 2016, is transferred
to the department of human services for an integrated
substance=related disorder managed care system. The department
shall not assume management of the substance=related disorder
system in place of the managed care contractor unless such
a change in approach is specifically authorized in law.
The departments of human services and public health shall
work together to maintain the level of mental health and
substance=related disorder treatment services provided by the
managed care contractor through the Iowa plan for behavioral
health. Each department shall take the steps necessary to
continue the federal waivers as necessary to maintain the level
of services.
5. a. The department shall aggressively pursue options for
providing medical assistance or other assistance to individuals
with special needs who become ineligible to continue receiving
services under the early and periodic screening, diagnostic,
and treatment program under the medical assistance program
due to becoming 21 years of age who have been approved for
additional assistance through the department's exception to
policy provisions, but who have health care needs in excess
of the funding available through the exception to policy
provisions.
b. Of the funds appropriated in this section, $50,000
shall be used for participation in one or more pilot projects
operated by a private provider to allow the individual or
individuals to receive service in the community in accordance
with principles established in Olmstead v. L.C., 527 U.S. 581
(1999), for the purpose of providing medical assistance or
other assistance to individuals with special needs who become
ineligible to continue receiving services under the early and
periodic screening, diagnostic, and treatment program under
the medical assistance program due to becoming 21 years of
age who have been approved for additional assistance through
the department's exception to policy provisions, but who have
health care needs in excess of the funding available through
the exception to the policy provisions.
6. Of the funds appropriated in this section, up to
$1,525,041 may be transferred to the field operations or
general administration appropriations in this division of this
Act for operational costs associated with Part D of the federal
Medicare Prescription Drug Improvement and Modernization Act
of 2003, Pub. L. No. 108=173.
7. Of the funds appropriated in this section, up to $221,050
may be transferred to the appropriation in this division
of this Act for medical contracts to be used for clinical
assessment services and prior authorization of services.
8. A portion of the funds appropriated in this section
may be transferred to the appropriations in this division of
this Act for general administration, medical contracts, the
children's health insurance program, or field operations to be
used for the state match cost to comply with the payment error
rate measurement (PERM) program for both the medical assistance
and children's health insurance programs as developed by the
centers for Medicare and Medicaid services of the United States
department of health and human services to comply with the
federal Improper Payments Information Act of 2002, Pub. L. No.
107=300.
9. The department shall continue to implement the
recommendations of the assuring better child health and
development initiative II (ABCDII) clinical panel to the
Iowa early and periodic screening, diagnostic, and treatment
services healthy mental development collaborative board
regarding changes to billing procedures, codes, and eligible
service providers.
10. Of the funds appropriated in this section, a sufficient
amount is allocated to supplement the incomes of residents of
nursing facilities, intermediate care facilities for persons
with mental illness, and intermediate care facilities for
persons with an intellectual disability, with incomes of less
than $50 in the amount necessary for the residents to receive a
personal needs allowance of $50 per month pursuant to section
249A.30A.
11. Of the funds appropriated in this section, the following
amounts are transferred to the appropriations made in this
division of this Act for the state mental health institutes:
a. Cherokee mental health institute.......... $ 4,549,212
b. Independence mental health institute...... $ 4,522,947
12. a. Of the funds appropriated in this section,
$2,041,939 is allocated for the state match for a
disproportionate share hospital payment of $4,544,712 to
hospitals that meet both of the conditions specified in
subparagraphs (1) and (2). In addition, the hospitals that
meet the conditions specified shall either certify public
expenditures or transfer to the medical assistance program
an amount equal to provide the nonfederal share for a
disproportionate share hospital payment of $8,772,003. The
hospitals that meet the conditions specified shall receive and
retain 100 percent of the total disproportionate share hospital
payment of $13,316,715.
(1) The hospital qualifies for disproportionate share and
graduate medical education payments.
(2) The hospital is an Iowa state=owned hospital with more
than 500 beds and eight or more distinct residency specialty
or subspecialty programs recognized by the American college of
graduate medical education.
b. Distribution of the disproportionate share payments
shall be made on a monthly basis. The total amount of
disproportionate share payments including graduate medical
education, enhanced disproportionate share, and Iowa
state=owned teaching hospital payments shall not exceed the
amount of the state's allotment under Pub. L. No. 102=234.
In addition, the total amount of all disproportionate
share payments shall not exceed the hospital=specific
disproportionate share limits under Pub. L. No. 103=66.
c. The university of Iowa hospitals and clinics shall either
certify public expenditures or transfer to the appropriations
made in this division of this Act for medical assistance an
amount equal to provide the nonfederal share for increased
medical assistance payments for inpatient and outpatient
hospital services of $4,950,000. The university of Iowa
hospitals and clinics shall receive and retain 100 percent of
the total increase in medical assistance payments.
d. Payment methodologies utilized for disproportionate
share hospitals and graduate medical education, and other
supplemental payments under the Medicaid program may be
adjusted or converted to other methodologies or payment types
to provide these payments through Medicaid managed care. The
department of human services shall obtain approval from the
centers for Medicare and Medicaid services of the United States
department of health and human services prior to implementation
of any such adjusted or converted methodologies or payment
types.
13. One hundred percent of the nonfederal share of payments
to area education agencies that are medical assistance
providers for medical assistance=covered services provided to
medical assistance=covered children, shall be made from the
appropriation made in this section.
14. Any new or renewed contract entered into by the
department with a third party to administer services under the
medical assistance program shall provide that any interest
earned on payments from the state during the state fiscal year
shall be remitted to the department and treated as recoveries
to offset the costs of the medical assistance program.
15. A portion of the funds appropriated in this section
may be transferred to the appropriation in this division of
this Act for medical contracts to be used for administrative
activities associated with the money follows the person
demonstration project.
16. Of the funds appropriated in this section, $174,505
shall be used for the administration of the health insurance
premium payment program, including salaries, support,
maintenance, and miscellaneous purposes.
17. a. The department may increase the amounts allocated
for salaries, support, maintenance, and miscellaneous purposes
associated with the medical assistance program, as necessary,
to implement cost containment strategies. The department shall
report any such increase to the legislative services agency and
the department of management.
b. If the savings to the medical assistance program from
cost containment efforts exceed the cost for the fiscal
year beginning July 1, 2016, the department may transfer any
savings generated for the fiscal year due to medical assistance
program cost containment efforts to the appropriation
made in this division of this Act for medical contracts or
general administration to defray the increased contract costs
associated with implementing such efforts.
c. The department of human services shall not implement the
cost containment measures to provide uniform rates of $.575 per
mile based on the 2015 Internal Revenue Service mileage rate
and of $9.29, the current statewide average, per one=way trip
for Medicaid program home and community=based services waivers
as recommended by the governor for the fiscal year beginning
July 1, 2016.
d. The department shall report the implementation of
any cost containment strategies under this subsection to the
individuals specified in this Act for submission of reports on
a quarterly basis.
18. For the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the replacement generation tax revenues required
to be deposited in the property tax relief fund pursuant to
section 437A.8, subsection 4, paragraph "d", and section
437A.15, subsection 3, paragraph "f", shall instead be credited
to and supplement the appropriation made in this section and
used for the allocations made in this section.
19. The department shall continue to administer the state
balancing incentive payments program as specified in 2012 Iowa
Acts, chapter 1133, section 14.
20. a. Of the funds appropriated in this section, up
to $25,000 may be transferred by the department to the
appropriation made in this division of this Act to the
department for the same fiscal year for general administration
to be used for associated administrative expenses and for not
more than one full=time equivalent position, in addition to
those authorized for the same fiscal year, to be assigned to
implementing the project.
b. Of the funds appropriated in this section, up to $200,000
may be transferred by the department to the appropriation made
to the department in this division of this Act for the same
fiscal year for Medicaid program=related general administration
planning and implementation activities. The funds may be used
for contracts or for personnel in addition to the amounts
appropriated for and the positions authorized for general
administration for the fiscal year.
c. Of the funds appropriated in this section, up to
$1,500,000 may be transferred by the department to the
appropriations made in this division of this Act for the same
fiscal year for general administration or medical contracts
to be used to support the development and implementation of
standardized assessment tools for persons with mental illness,
an intellectual disability, a developmental disability, or a
brain injury.
21. Of the funds appropriated in this section, $125,000
shall be used for lodging expenses associated with care
provided at the university of Iowa hospitals and clinics for
patients with cancer whose travel distance is 30 miles or more
and whose income is at or below 200 percent of the federal
poverty level as defined by the most recently revised poverty
income guidelines published by the United States department of
health and human services. The department of human services
shall establish the maximum number of overnight stays and the
maximum rate reimbursed for overnight lodging, which may be
based on the state employee rate established by the department
of administrative services. The funds allocated in this
subsection shall not be used as nonfederal share matching
funds.
22. The number of home and community=based services waiver
slots available during the fiscal year beginning July 1, 2016,
shall not be reduced below the number of such slots available
on January 1, 2015.
Sec. 133. MEDICAL CONTRACTS. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2016, and ending June 30,
2017, the following amount, or so much thereof as is necessary,
to be used for the purpose designated:
For medical contracts:
.................................................. $ 9,806,982
1. The department of inspections and appeals shall
provide all state matching funds for survey and certification
activities performed by the department of inspections
and appeals. The department of human services is solely
responsible for distributing the federal matching funds for
such activities.
2. Of the funds appropriated in this section, $25,000 shall
be used for continuation of home and community=based services
waiver quality assurance programs, including the review and
streamlining of processes and policies related to oversight and
quality management to meet state and federal requirements.
3. Of the amount appropriated in this section, up to
$100,000 may be transferred to the appropriation for general
administration in this division of this Act to be used for
additional full=time equivalent positions in the development of
key health initiatives such as cost containment, development
and oversight of managed care programs, and development of
health strategies targeted toward improved quality and reduced
costs in the Medicaid program.
4. Of the funds appropriated in this section, $500,000 shall
be used for planning and development, in cooperation with the
department of public health, of a phased=in program to provide
a dental home for children.
5. Of the funds appropriated in this section, $1,000,000
shall be used for the autism support program created in chapter
225D, with the exception of the following amounts of this
allocation which shall be used as follows:
a. Of the funds allocated in this subsection, $125,000
shall be deposited in the board=certified behavior analyst and
board=certified assistant behavior analyst grants program fund
created in section 135.181, as enacted in this Act, to be used
for the purposes of the fund.
b. Of the funds allocated in this subsection, $12,500
shall be used for the public purpose of continuation of a
grant to a child welfare services provider headquartered in a
county with a population between 205,000 and 215,000 in the
latest certified federal census that provides multiple services
including but not limited to a psychiatric medical institution
for children, shelter, residential treatment, after school
programs, school=based programming, and an Asperger's syndrome
program, to be used for support services for children with
autism spectrum disorder and their families.
c. Of the funds allocated in this subsection, $12,500
shall be used for the public purpose of continuing a grant to
a hospital=based provider headquartered in a county with a
population between 90,000 and 95,000 in the latest certified
federal census that provides multiple services including
but not limited to diagnostic, therapeutic, and behavioral
services to individuals with autism spectrum disorder across
one's lifespan. The grant recipient shall utilize the funds
to continue the pilot project to determine the necessary
support services for children with autism spectrum disorder and
their families to be included in the children's disabilities
services system. The grant recipient shall submit findings and
recommendations based upon the results of the pilot project
to the individuals specified in this division of this Act for
submission of reports by December 31, 2015.
Sec. 134. STATE SUPPLEMENTARY ASSISTANCE.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For the state supplementary assistance program:
.................................................. $ 6,498,593
2. The department shall increase the personal needs
allowance for residents of residential care facilities by the
same percentage and at the same time as federal supplemental
security income and federal social security benefits are
increased due to a recognized increase in the cost of living.
The department may adopt emergency rules to implement this
subsection.
3. If during the fiscal year beginning July 1, 2016,
the department projects that state supplementary assistance
expenditures for a calendar year will not meet the federal
pass=through requirement specified in Tit. XVI of the federal
Social Security Act, section 1618, as codified in 42 U.S.C.
{1382g, the department may take actions including but not
limited to increasing the personal needs allowance for
residential care facility residents and making programmatic
adjustments or upward adjustments of the residential care
facility or in=home health=related care reimbursement rates
prescribed in this division of this Act to ensure that federal
requirements are met. In addition, the department may make
other programmatic and rate adjustments necessary to remain
within the amount appropriated in this section while ensuring
compliance with federal requirements. The department may adopt
emergency rules to implement the provisions of this subsection.
Sec. 135. CHILDREN'S HEALTH INSURANCE PROGRAM.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For maintenance of the healthy and well kids in Iowa (hawk=i)
program pursuant to chapter 514I, including supplemental dental
services, for receipt of federal financial participation under
Tit. XXI of the federal Social Security Act, which creates the
children's health insurance program:
.................................................. $ 10,206,922
2. Of the funds appropriated in this section, $21,400 is
allocated for continuation of the contract for outreach with
the department of public health.
Sec. 136. CHILD CARE ASSISTANCE. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the following amount, or so much thereof as is
necessary, to be used for the purpose designated:
For child care programs:
.................................................. $ 25,704,334
1. Of the funds appropriated in this section, $21,844,620
shall be used for state child care assistance in accordance
with section 237A.13.
2. Nothing in this section shall be construed or is
intended as or shall imply a grant of entitlement for services
to persons who are eligible for assistance due to an income
level consistent with the waiting list requirements of section
237A.13. Any state obligation to provide services pursuant to
this section is limited to the extent of the funds appropriated
in this section.
3. Of the funds appropriated in this section, $216,226
is allocated for the statewide grant program for child care
resource and referral services under section 237A.26. A list
of the registered and licensed child care facilities operating
in the area served by a child care resource and referral
service shall be made available to the families receiving state
child care assistance in that area.
4. Of the funds appropriated in this section, $468,487
is allocated for child care quality improvement initiatives
including but not limited to the voluntary quality rating
system in accordance with section 237A.30.
5. Of the funds appropriated in this section, $3,175,000
shall be credited to the early childhood programs grants
account in the early childhood Iowa fund created in section
256I.11. The moneys shall be distributed for funding of
community=based early childhood programs targeted to children
from birth through five years of age developed by early
childhood Iowa areas in accordance with approved community
plans as provided in section 256I.8.
6. The department may use any of the funds appropriated
in this section as a match to obtain federal funds for use in
expanding child care assistance and related programs. For
the purpose of expenditures of state and federal child care
funding, funds shall be considered obligated at the time
expenditures are projected or are allocated to the department's
service areas. Projections shall be based on current and
projected caseload growth, current and projected provider
rates, staffing requirements for eligibility determination
and management of program requirements including data systems
management, staffing requirements for administration of the
program, contractual and grant obligations and any transfers
to other state agencies, and obligations for decategorization
or innovation projects.
7. A portion of the state match for the federal child care
and development block grant shall be provided as necessary to
meet federal matching funds requirements through the state
general fund appropriation made for child development grants
and other programs for at=risk children in section 279.51.
8. If a uniform reduction ordered by the governor under
section 8.31 or other operation of law, transfer, or federal
funding reduction reduces the appropriation made in this
section for the fiscal year, the percentage reduction in the
amount paid out to or on behalf of the families participating
in the state child care assistance program shall be equal to or
less than the percentage reduction made for any other purpose
payable from the appropriation made in this section and the
federal funding relating to it. The percentage reduction to
the other allocations made in this section shall be the same as
the uniform reduction ordered by the governor or the percentage
change of the federal funding reduction, as applicable.
If there is an unanticipated increase in federal funding
provided for state child care assistance, the entire amount
of the increase shall be used for state child care assistance
payments. If the appropriations made for purposes of the
state child care assistance program for the fiscal year are
determined to be insufficient, it is the intent of the general
assembly to appropriate sufficient funding for the fiscal year
in order to avoid establishment of waiting list requirements.
9. Notwithstanding section 8.33, moneys advanced for
purposes of the programs developed by early childhood Iowa
areas, advanced for purposes of wraparound child care, or
received from the federal appropriations made for the purposes
of this section that remain unencumbered or unobligated at the
close of the fiscal year shall not revert to any fund but shall
remain available for expenditure for the purposes designated
until the close of the succeeding fiscal year.
Sec. 137. JUVENILE INSTITUTION. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
1. For operation of the state training school at Eldora and
for salaries, support, maintenance, and miscellaneous purposes,
and for not more than the following full=time equivalent
positions:
.................................................. $ 6,116,710
............................................... FTEs 169.30
Of the funds appropriated in this subsection, $45,575 shall
be used for distribution to licensed classroom teachers at this
and other institutions under the control of the department of
human services based upon the average student yearly enrollment
at each institution as determined by the department.
2. A portion of the moneys appropriated in this section
shall be used by the state training school at Eldora for
grants for adolescent pregnancy prevention activities at the
institution in the fiscal year beginning July 1, 2016.
Sec. 138. CHILD AND FAMILY SERVICES.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For child and family services:
.................................................. $ 42,670,969
2. Up to $2,600,000 of the amount of federal temporary
assistance for needy families block grant funding appropriated
in this division of this Act for child and family services
shall be made available for purposes of juvenile delinquent
graduated sanction services.
3. The department may transfer funds appropriated in this
section as necessary to pay the nonfederal costs of services
reimbursed under the medical assistance program, state child
care assistance program, or the family investment program which
are provided to children who would otherwise receive services
paid under the appropriation in this section. The department
may transfer funds appropriated in this section to the
appropriations made in this division of this Act for general
administration and for field operations for resources necessary
to implement and operate the services funded in this section.
4. a. Of the funds appropriated in this section, up to
$17,910,893 is allocated as the statewide expenditure target
under section 232.143 for group foster care maintenance and
services. If the department projects that such expenditures
for the fiscal year will be less than the target amount
allocated in this paragraph "a", the department may reallocate
the excess to provide additional funding for shelter care
or the child welfare emergency services addressed with the
allocation for shelter care.
b. If at any time after September 30, 2016, annualization
of a service area's current expenditures indicates a service
area is at risk of exceeding its group foster care expenditure
target under section 232.143 by more than 5 percent, the
department and juvenile court services shall examine all
group foster care placements in that service area in order to
identify those which might be appropriate for termination.
In addition, any aftercare services believed to be needed
for the children whose placements may be terminated shall be
identified. The department and juvenile court services shall
initiate action to set dispositional review hearings for the
placements identified. In such a dispositional review hearing,
the juvenile court shall determine whether needed aftercare
services are available and whether termination of the placement
is in the best interest of the child and the community.
5. In accordance with the provisions of section 232.188,
the department shall continue the child welfare and juvenile
justice funding initiative during fiscal year 2016=2017. Of
the funds appropriated in this section, $858,876 is allocated
specifically for expenditure for fiscal year 2016=2017 through
the decategorization services funding pools and governance
boards established pursuant to section 232.188.
6. A portion of the funds appropriated in this section
may be used for emergency family assistance to provide other
resources required for a family participating in a family
preservation or reunification project or successor project to
stay together or to be reunified.
7. Notwithstanding section 234.35 or any other provision
of law to the contrary, state funding for shelter care and
the child welfare emergency services contracting implemented
to provide for or prevent the need for shelter care shall be
limited to $4,034,237.
8. Federal funds received by the state during the fiscal
year beginning July 1, 2016, as the result of the expenditure
of state funds appropriated during a previous state fiscal
year for a service or activity funded under this section are
appropriated to the department to be used as additional funding
for services and purposes provided for under this section.
Notwithstanding section 8.33, moneys received in accordance
with this subsection that remain unencumbered or unobligated at
the close of the fiscal year shall not revert to any fund but
shall remain available for the purposes designated until the
close of the succeeding fiscal year.
9. a. Of the funds appropriated in this section, up to
$1,645,000 is allocated for the payment of the expenses of
court=ordered services provided to juveniles who are under
the supervision of juvenile court services, which expenses
are a charge upon the state pursuant to section 232.141,
subsection 4. Of the amount allocated in this paragraph "a",
up to $778,143 shall be made available to provide school=based
supervision of children adjudicated under chapter 232, of which
not more than $7,500 may be used for the purpose of training.
A portion of the cost of each school=based liaison officer
shall be paid by the school district or other funding source as
approved by the chief juvenile court officer.
b. Of the funds appropriated in this section, up to $374,492
is allocated for the payment of the expenses of court=ordered
services provided to children who are under the supervision
of the department, which expenses are a charge upon the state
pursuant to section 232.141, subsection 4.
c. Notwithstanding section 232.141 or any other provision
of law to the contrary, the amounts allocated in this
subsection shall be distributed to the judicial districts
as determined by the state court administrator and to the
department's service areas as determined by the administrator
of the department of human services' division of child and
family services. The state court administrator and the
division administrator shall make the determination of the
distribution amounts on or before June 15, 2016.
d. Notwithstanding chapter 232 or any other provision of
law to the contrary, a district or juvenile court shall not
order any service which is a charge upon the state pursuant
to section 232.141 if there are insufficient court=ordered
services funds available in the district court or departmental
service area distribution amounts to pay for the service. The
chief juvenile court officer and the departmental service area
manager shall encourage use of the funds allocated in this
subsection such that there are sufficient funds to pay for
all court=related services during the entire year. The chief
juvenile court officers and departmental service area managers
shall attempt to anticipate potential surpluses and shortfalls
in the distribution amounts and shall cooperatively request the
state court administrator or division administrator to transfer
funds between the judicial districts' or departmental service
areas' distribution amounts as prudent.
e. Notwithstanding any provision of law to the contrary,
a district or juvenile court shall not order a county to pay
for any service provided to a juvenile pursuant to an order
entered under chapter 232 which is a charge upon the state
under section 232.141, subsection 4.
f. Of the funds allocated in this subsection, not more than
$41,500 may be used by the judicial branch for administration
of the requirements under this subsection.
g. Of the funds allocated in this subsection, $8,500
shall be used by the department of human services to support
the interstate commission for juveniles in accordance with
the interstate compact for juveniles as provided in section
232.173.
10. Of the funds appropriated in this section, $4,026,613 is
allocated for juvenile delinquent graduated sanctions services.
Any state funds saved as a result of efforts by juvenile court
services to earn a federal Tit. IV=E match for juvenile court
services administration may be used for the juvenile delinquent
graduated sanctions services.
11. Of the funds appropriated in this section, $804,142 is
transferred to the department of public health to be used for
the child protection center grant program for child protection
centers located in Iowa in accordance with section 135.118.
The grant amounts under the program shall be equalized so that
each center receives a uniform base amount of $122,500, and
the remaining funds shall be awarded through a funding formula
based upon the volume of children served.
12. If the department receives federal approval to
implement a waiver under Tit. IV=E of the federal Social
Security Act to enable providers to serve children who remain
in the children's families and communities, for purposes of
eligibility under the medical assistance program through 25
years of age, children who participate in the waiver shall be
considered to be placed in foster care.
13. Of the funds appropriated in this section, $2,012,583 is
allocated for the preparation for adult living program pursuant
to section 234.46.
14. Of the funds appropriated in this section, $113,668
shall be used for the public purpose of continuing a grant to
a nonprofit human services organization providing services to
individuals and families in multiple locations in southwest
Iowa and Nebraska for support of a project providing immediate,
sensitive support and forensic interviews, medical exams, needs
assessments, and referrals for victims of child abuse and their
nonoffending family members.
15. Of the funds appropriated in this section, $150,310
is allocated for the foster care youth council approach of
providing a support network to children placed in foster care.
16. Of the funds appropriated in this section, $101,000 is
allocated for use pursuant to section 235A.1 for continuation
of the initiative to address child sexual abuse implemented
pursuant to 2007 Iowa Acts, chapter 218, section 18, subsection
21.
17. Of the funds appropriated in this section, $315,120 is
allocated for the community partnership for child protection
sites.
18. Of the funds appropriated in this section, $185,625
is allocated for the department's minority youth and family
projects under the redesign of the child welfare system.
19. Of the funds appropriated in this section, $593,297
is allocated for funding of the community circle of care
collaboration for children and youth in northeast Iowa.
20. Of the funds appropriated in this section, at least
$73,579 shall be used for the continuation of the child
welfare provider training academy, a collaboration between the
coalition for family and children's services in Iowa and the
department.
21. Of the funds appropriated in this section, $105,936
shall be used for continuation of the central Iowa system of
care program grant through June 30, 2017.
22. Of the funds appropriated in this section, $117,500
shall be used for the public purpose of the continuation
and expansion of a system of care program grant implemented
in Cerro Gordo and Linn counties to utilize a comprehensive
and long=term approach for helping children and families by
addressing the key areas in a child's life of childhood basic
needs, education and work, family, and community.
23. Of the funds appropriated in this section, at least
$12,500 shall be used to continue and to expand the foster
care respite pilot program in which postsecondary students in
social work and other human services=related programs receive
experience by assisting family foster care providers with
respite and other support.
24. Of the funds appropriated in this section, $55,000
shall be used for the public purpose of funding community=based
services and other supports with a system of care approach
for children with a serious emotional disturbance and their
families through a nonprofit provider of child welfare services
that has been in existence for more than 115 years, is located
in a county with a population of more than 200,000 but less
than 220,000 according to the latest census information
issued by the United States census bureau, is licensed as a
psychiatric medical institution for children, and was a system
of care grantee prior to July 1, 2016.
Sec. 139. ADOPTION SUBSIDY.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For adoption subsidy payments and services:
.................................................. $ 21,499,143
2. The department may transfer funds appropriated in
this section to the appropriation made in this division of
this Act for general administration for costs paid from the
appropriation relating to adoption subsidy.
3. Federal funds received by the state during the
fiscal year beginning July 1, 2016, as the result of the
expenditure of state funds during a previous state fiscal
year for a service or activity funded under this section are
appropriated to the department to be used as additional funding
for the services and activities funded under this section.
Notwithstanding section 8.33, moneys received in accordance
with this subsection that remain unencumbered or unobligated
at the close of the fiscal year shall not revert to any fund
but shall remain available for expenditure for the purposes
designated until the close of the succeeding fiscal year.
Sec. 140. JUVENILE DETENTION HOME FUND. Moneys deposited
in the juvenile detention home fund created in section 232.142
during the fiscal year beginning July 1, 2016, and ending June
30, 2017, are appropriated to the department of human services
for the fiscal year beginning July 1, 2016, and ending June 30,
2017, for distribution of an amount equal to a percentage of
the costs of the establishment, improvement, operation, and
maintenance of county or multicounty juvenile detention homes
in the fiscal year beginning July 1, 2015. Moneys appropriated
for distribution in accordance with this section shall be
allocated among eligible detention homes, prorated on the basis
of an eligible detention home's proportion of the costs of all
eligible detention homes in the fiscal year beginning July
1, 2015. The percentage figure shall be determined by the
department based on the amount available for distribution for
the fund. Notwithstanding section 232.142, subsection 3, the
financial aid payable by the state under that provision for the
fiscal year beginning July 1, 2016, shall be limited to the
amount appropriated for the purposes of this section.
Sec. 141. FAMILY SUPPORT SUBSIDY PROGRAM.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For the family support subsidy program subject to the
enrollment restrictions in section 225C.37, subsection 3:
.................................................. $ 536,966
2. The department shall use at least $320,750 of the moneys
appropriated in this section for the family support center
component of the comprehensive family support program under
section 225C.47. Not more than $12,500 of the amount allocated
in this subsection shall be used for administrative costs.
3. If at any time during the fiscal year, the amount of
funding available for the family support subsidy program
is reduced from the amount initially used to establish the
figure for the number of family members for whom a subsidy
is to be provided at any one time during the fiscal year,
notwithstanding section 225C.38, subsection 2, the department
shall revise the figure as necessary to conform to the amount
of funding available.
Sec. 142. CONNER DECREE. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2016, and ending June 30,
2017, the following amount, or so much thereof as is necessary,
to be used for the purpose designated:
For building community capacity through the coordination
and provision of training opportunities in accordance with the
consent decree of Conner v. Branstad, No. 4=86=CV=30871(S.D.
Iowa, July 14, 1994):
.................................................. $ 16,816
Sec. 143. MENTAL HEALTH INSTITUTES. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated which amounts
shall not be transferred or expended for any purpose other than
the purposes designated, notwithstanding section 218.6 to the
contrary:
1. For operation of the state mental health institute at
Cherokee as required by chapters 218 and 226 for salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 2,772,808
............................................... FTEs 169.20
2. For operation of the state mental health institute at
Independence as required by chapters 218 and 226 for salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 5,162,104
............................................... FTEs 233.00
3. For operation of the state mental health institute
at Mount Pleasant as required by chapters 218 and 226, for
purposes of providing adult psychiatric services including
inpatient acute care, inpatient substance abuse treatment, and
inpatient dual diagnosis substance use disorder and mental
illness treatment, at the same level of care and treatment as
provided on July 1, 2014, for salaries, support, maintenance,
and miscellaneous purposes, and for not more than the following
full=time equivalent positions:
.................................................. $ 3,212,440
............................................... FTEs 97.68
Sec. 144. STATE RESOURCE CENTERS.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amounts, or so much thereof as is necessary, to be used for the
purposes designated:
a. For the state resource center at Glenwood for salaries,
support, maintenance, and miscellaneous purposes:
.................................................. $ 10,762,241
b. For the state resource center at Woodward for salaries,
support, maintenance, and miscellaneous purposes:
.................................................. $ 7,291,903
2. The department may continue to bill for state resource
center services utilizing a scope of services approach used for
private providers of intermediate care facilities for persons
with an intellectual disability services, in a manner which
does not shift costs between the medical assistance program,
counties, or other sources of funding for the state resource
centers.
3. The state resource centers may expand the time=limited
assessment and respite services during the fiscal year.
4. If the department's administration and the department
of management concur with a finding by a state resource
center's superintendent that projected revenues can reasonably
be expected to pay the salary and support costs for a new
employee position, or that such costs for adding a particular
number of new positions for the fiscal year would be less
than the overtime costs if new positions would not be added,
the superintendent may add the new position or positions. If
the vacant positions available to a resource center do not
include the position classification desired to be filled, the
state resource center's superintendent may reclassify any
vacant position as necessary to fill the desired position. The
superintendents of the state resource centers may, by mutual
agreement, pool vacant positions and position classifications
during the course of the fiscal year in order to assist one
another in filling necessary positions.
5. If existing capacity limitations are reached in
operating units, a waiting list is in effect for a service or
a special need for which a payment source or other funding
is available for the service or to address the special need,
and facilities for the service or to address the special need
can be provided within the available payment source or other
funding, the superintendent of a state resource center may
authorize opening not more than two units or other facilities
and begin implementing the service or addressing the special
need during fiscal year 2016=2017.
Sec. 145. SEXUALLY VIOLENT PREDATORS.
1. There is appropriated from the general fund of the
state to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amount, or so much thereof as is necessary, to be used for the
purpose designated:
For costs associated with the commitment and treatment of
sexually violent predators in the unit located at the state
mental health institute at Cherokee, including costs of legal
services and other associated costs, including salaries,
support, maintenance, and miscellaneous purposes, and for not
more than the following full=time equivalent positions:
.................................................. $ 4,946,539
............................................... FTEs 132.50
2. Unless specifically prohibited by law, if the amount
charged provides for recoupment of at least the entire amount
of direct and indirect costs, the department of human services
may contract with other states to provide care and treatment
of persons placed by the other states at the unit for sexually
violent predators at Cherokee. The moneys received under
such a contract shall be considered to be repayment receipts
and used for the purposes of the appropriation made in this
section.
Sec. 146. FIELD OPERATIONS. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2016, and ending June 30,
2017, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For field operations, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 29,460,488
............................................... FTEs 1,837.00
1. As a condition of this appropriation, the department
shall make every possible effort to fill the entire number of
positions authorized by this section and, unless specifically
provided otherwise by an applicable collective bargaining
agreement, the department is not subject to any approval
requirement external to the department to fill a field
operations vacancy within the number of full=time equivalent
positions authorized by this section. The department shall
report on the first of each month to the chairpersons and
ranking members of the appropriations committees of the senate
and house of representatives, and the persons designated by
this Act for submission of reports concerning the status of
filling the positions.
2. Priority in filling full=time equivalent positions
shall be given to those positions related to child protection
services and eligibility determination for low=income families.
Sec. 147. GENERAL ADMINISTRATION. There is appropriated
from the general fund of the state to the department of human
services for the fiscal year beginning July 1, 2016, and ending
June 30, 2017, the following amount, or so much thereof as is
necessary, to be used for the purpose designated:
For general administration, including salaries, support,
maintenance, and miscellaneous purposes, and for not more than
the following full=time equivalent positions:
.................................................. $ 7,449,099
............................................... FTEs 309.00
1. The department shall report at least monthly to the
legislative services agency concerning the department's
operational and program expenditures.
2. Of the funds appropriated in this section, $75,000 shall
be used to continue the contract for the provision of a program
to provide technical assistance, support, and consultation to
providers of habilitation services and home and community=based
services waiver services for adults with disabilities under the
medical assistance program.
3. Of the funds appropriated in this section, $25,000
is transferred to the Iowa finance authority to be used
for administrative support of the council on homelessness
established in section 16.2D and for the council to fulfill its
duties in addressing and reducing homelessness in the state.
4. Of the funds appropriated in this section, $125,000 shall
be transferred to and deposited in the administrative fund of
the Iowa ABLE savings plan trust created in section 12I.4, if
enacted in this or any other Act, to be used for implementation
and administration activities of the Iowa ABLE savings plan
trust.
Sec. 148. VOLUNTEERS. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2016, and ending June 30,
2017, the following amount, or so much thereof as is necessary,
to be used for the purpose designated:
For development and coordination of volunteer services:
.................................................. $ 42,343
Sec. 149. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY
ASSISTANCE, AND SOCIAL SERVICE PROVIDERS REIMBURSED UNDER THE
DEPARTMENT OF HUMAN SERVICES.
1. a. (1) For the fiscal year beginning July 1, 2016,
the total state funding amount for the nursing facility budget
shall not exceed $151,421,458.
(2) The department, in cooperation with nursing facility
representatives, shall review projections for state funding
expenditures for reimbursement of nursing facilities on a
quarterly basis and the department shall determine if an
adjustment to the medical assistance reimbursement rate is
necessary in order to provide reimbursement within the state
funding amount for the fiscal year. Notwithstanding 2001
Iowa Acts, chapter 192, section 4, subsection 2, paragraph
"c", and subsection 3, paragraph "a", subparagraph (2),
if the state funding expenditures for the nursing facility
budget for the fiscal year are projected to exceed the amount
specified in subparagraph (1), the department shall adjust
the reimbursement for nursing facilities reimbursed under the
case=mix reimbursement system to maintain expenditures of the
nursing facility budget within the specified amount for the
fiscal year.
(3) For the fiscal year beginning July 1, 2016, special
population nursing facilities shall be reimbursed in accordance
with the methodology in effect on June 30, 2016.
(4) For any open or unsettled nursing facility cost report
for a fiscal year prior to and including the fiscal year
beginning July 1, 2015, including any cost report remanded on
judicial review for inclusion of prescription drug, laboratory,
or x=ray costs, the department shall offset all reported
prescription drug, laboratory, and x=ray costs with any revenue
received from Medicare or other revenue source for any purpose.
For purposes of this subparagraph, a nursing facility cost
report is not considered open or unsettled if the facility did
not initiate an administrative appeal under chapter 17A or if
any appeal rights initiated have been exhausted.
b. (1) For the fiscal year beginning July 1, 2016,
the department shall establish the pharmacy dispensing fee
reimbursement at $11.73 per prescription, until a cost of
dispensing survey is completed. The actual dispensing fee
shall be determined by a cost of dispensing survey performed
by the department and required to be completed by all medical
assistance program participating pharmacies every two years,
adjusted as necessary to maintain expenditures within the
amount appropriated to the department for this purpose for the
fiscal year.
(2) The department shall utilize an average acquisition
cost reimbursement methodology for all drugs covered under the
medical assistance program in accordance with 2012 Iowa Acts,
chapter 1133, section 33.
(3) Notwithstanding subparagraph (2), if the centers for
Medicare and Medicaid services of the United States department
of health and human services (CMS) requires, as a condition
of federal Medicaid funding, that the department implement an
aggregate federal upper limit (FUL) for drug reimbursement
based on the average manufacturer's price (AMP), the department
may utilize a reimbursement methodology for all drugs covered
under the Medicaid program based on the national average drug
acquisition cost (NADAC) methodology published by CMS, in order
to assure compliance with the aggregate FUL, minimize outcomes
of drug reimbursements below pharmacy acquisition costs, limit
administrative costs, and minimize any change in the aggregate
reimbursement for drugs. The department may adopt emergency
rules to implement this subparagraph.
c. (1) For the fiscal year beginning July 1, 2016,
reimbursement rates for outpatient hospital services shall
remain at the rates in effect on June 30, 2016, subject to
Medicaid program upper payment limit rules, and adjusted
as necessary to maintain expenditures within the amount
appropriated to the department for this purpose for the fiscal
year.
(2) For the fiscal year beginning July 1, 2016,
reimbursement rates for inpatient hospital services shall
remain at the rates in effect on June 30, 2016, subject to
Medicaid program upper payment limit rules, and adjusted
as necessary to maintain expenditures within the amount
appropriated to the department for this purpose for the fiscal
year.
(3) For the fiscal year beginning July 1, 2016, the graduate
medical education and disproportionate share hospital fund
shall remain at the amount in effect on June 30, 2016, except
that the portion of the fund attributable to graduate medical
education shall be reduced in an amount that reflects the
elimination of graduate medical education payments made to
out=of=state hospitals.
(4) In order to ensure the efficient use of limited state
funds in procuring health care services for low=income Iowans,
funds appropriated in this Act for hospital services shall
not be used for activities which would be excluded from a
determination of reasonable costs under the federal Medicare
program pursuant to 42 U.S.C. {1395x(v)(1)(N).
d. For the fiscal year beginning July 1, 2016, reimbursement
rates for rural health clinics, hospices, and acute mental
hospitals shall be increased in accordance with increases under
the federal Medicare program or as supported by their Medicare
audited costs.
e. For the fiscal year beginning July 1, 2016, independent
laboratories and rehabilitation agencies shall be reimbursed
using the same methodology in effect on June 30, 2016.
f. (1) For the fiscal year beginning July 1, 2016,
reimbursement rates for home health agencies shall continue to
be based on the Medicare low utilization payment adjustment
(LUPA) methodology with state geographic wage adjustments, and
updated to reflect the most recent Medicare LUPA rates.
(2) For the fiscal year beginning July 1, 2016, rates for
private duty nursing and personal care services under the early
and periodic screening, diagnostic, and treatment program
benefit shall be calculated based on the methodology in effect
on June 30, 2016.
g. For the fiscal year beginning July 1, 2016, federally
qualified health centers shall receive cost=based reimbursement
for 100 percent of the reasonable costs for the provision of
services to recipients of medical assistance.
h. For the fiscal year beginning July 1, 2016, the
reimbursement rates for dental services shall remain at the
rates in effect on June 30, 2016.
i. (1) For the fiscal year beginning July 1, 2016,
state=owned psychiatric medical institutions for children shall
receive cost=based reimbursement for 100 percent of the actual
and allowable costs for the provision of services to recipients
of medical assistance.
(2) For the nonstate=owned psychiatric medical institutions
for children, reimbursement rates shall be based on the
reimbursement methodology developed by the Medicaid managed
care contractor for behavioral health services as required for
federal compliance.
(3) As a condition of participation in the medical
assistance program, enrolled providers shall accept the medical
assistance reimbursement rate for any covered goods or services
provided to recipients of medical assistance who are children
under the custody of a psychiatric medical institution for
children.
j. For the fiscal year beginning July 1, 2016, unless
otherwise specified in this Act, all noninstitutional medical
assistance provider reimbursement rates shall remain at the
rates in effect on June 30, 2016, except for area education
agencies, local education agencies, infant and toddler
services providers, home and community=based services providers
including consumer=directed attendant care providers under a
section 1915(c) or 1915(i) waiver, targeted case management
providers, and those providers whose rates are required to be
determined pursuant to section 249A.20.
k. Notwithstanding any provision to the contrary, for the
fiscal year beginning July 1, 2016, the reimbursement rate for
anesthesiologists shall remain at the rate in effect on June
30, 2016.
l. Notwithstanding section 249A.20, for the fiscal year
beginning July 1, 2016, the average reimbursement rate for
health care providers eligible for use of the federal Medicare
resource=based relative value scale reimbursement methodology
under section 249A.20 shall remain at the rate in effect on
June 30, 2016; however, this rate shall not exceed the maximum
level authorized by the federal government.
m. For the fiscal year beginning July 1, 2016, the
reimbursement rate for residential care facilities shall not
be less than the minimum payment level as established by the
federal government to meet the federally mandated maintenance
of effort requirement. The flat reimbursement rate for
facilities electing not to file annual cost reports shall not
be less than the minimum payment level as established by the
federal government to meet the federally mandated maintenance
of effort requirement.
n. For the fiscal year beginning July 1, 2016, the
reimbursement rates for inpatient mental health services
provided at hospitals shall remain at the rates in effect on
June 30, 2016, subject to Medicaid program upper payment limit
rules; and psychiatrists shall be reimbursed at the medical
assistance program fee=for=service rate in effect on June 30,
2016.
o. For the fiscal year beginning July 1, 2016, community
mental health centers may choose to be reimbursed for the
services provided to recipients of medical assistance through
either of the following options:
(1) For 100 percent of the reasonable costs of the services.
(2) In accordance with the alternative reimbursement rate
methodology established by the medical assistance program's
managed care contractor for mental health services and approved
by the department of human services.
p. For the fiscal year beginning July 1, 2016, the
reimbursement rate for providers of family planning services
that are eligible to receive a 90 percent federal match shall
remain at the rates in effect on June 30, 2016.
q. For the fiscal year beginning July 1, 2016, the upper
limits on reimbursement rates for providers of home and
community=based services waiver services shall remain at the
limits in effect on June 30, 2016.
r. For the fiscal year beginning July 1, 2016, the
reimbursement rates for emergency medical service providers
shall remain at the rates in effect on June 30, 2016.
s. For the fiscal year beginning July 1, 2016, reimbursement
rates for substance=related disorder treatment programs
licensed under section 125.13 shall remain at the rates in
effect on June 30, 2016.
2. For the fiscal year beginning July 1, 2016, the
reimbursement rate for providers reimbursed under the
in=home=related care program shall not be less than the minimum
payment level as established by the federal government to meet
the federally mandated maintenance of effort requirement.
3. Unless otherwise directed in this section, when the
department's reimbursement methodology for any provider
reimbursed in accordance with this section includes an
inflation factor, this factor shall not exceed the amount
by which the consumer price index for all urban consumers
increased during the calendar year ending December 31, 2002.
4. For the fiscal year beginning July 1, 2016, the foster
family basic daily maintenance rate and the maximum adoption
subsidy rate for children ages 0 through 5 years shall be
$16.78, the rate for children ages 6 through 11 years shall be
$17.45, the rate for children ages 12 through 15 years shall
be $19.10, and the rate for children and young adults ages 16
and older shall be $19.35. For youth ages 18 to 21 who have
exited foster care, the preparation for adult living program
maintenance rate shall be $602.70 per month. The maximum
payment for adoption subsidy nonrecurring expenses shall be
limited to $500 and the disallowance of additional amounts
for court costs and other related legal expenses implemented
pursuant to 2010 Iowa Acts, chapter 1031, section 408, shall
be continued.
5. For the fiscal year beginning July 1, 2016, the maximum
reimbursement rates for social services providers under
contract shall remain at the rates in effect on June 30, 2016,
or the provider's actual and allowable cost plus inflation for
each service, whichever is less. However, if a new service
or service provider is added after June 30, 2016, the initial
reimbursement rate for the service or provider shall be based
upon a weighted average of provider rates for similar services.
6. For the fiscal year beginning July 1, 2016, the
reimbursement rates for resource family recruitment and
retention contractors, child welfare emergency services
contractors, and supervised apartment living foster care
providers shall remain at the rates in effect on June 30, 2016.
7. a. For the purposes of this subsection, "combined
reimbursement rate" means the combined service and maintenance
reimbursement rate for a service level under the department's
reimbursement methodology. Effective July 1, 2016, the
combined reimbursement rate for a group foster care service
level shall be the amount designated in this subsection.
However, if a group foster care provider's reimbursement rate
for a service level as of June 30, 2016, is more than the rate
designated in this subsection, the provider's reimbursement
shall remain at the higher rate.
b. Unless a group foster care provider is subject to the
exception provided in paragraph "a", effective July 1, 2016,
the combined reimbursement rates for the service levels under
the department's reimbursement methodology shall be as follows:
(1) For service level, community = D1, the daily rate shall
be at least $84.17.
(2) For service level, comprehensive = D2, the daily rate
shall be at least $119.09.
(3) For service level, enhanced = D3, the daily rate shall
be at least $131.09.
8. The group foster care reimbursement rates paid for
placement of children out of state shall be calculated
according to the same rate=setting principles as those used for
in=state providers, unless the director of human services or
the director's designee determines that appropriate care cannot
be provided within the state. The payment of the daily rate
shall be based on the number of days in the calendar month in
which service is provided.
9. a. For the fiscal year beginning July 1, 2016, the
reimbursement rate paid for shelter care and the child welfare
emergency services implemented to provide or prevent the need
for shelter care shall be established by contract.
b. For the fiscal year beginning July 1, 2016, the combined
service and maintenance components of the reimbursement rate
paid for shelter care services shall be based on the financial
and statistical report submitted to the department. The
maximum reimbursement rate shall be $101.83 per day. The
department shall reimburse a shelter care provider at the
provider's actual and allowable unit cost, plus inflation, not
to exceed the maximum reimbursement rate.
c. Notwithstanding section 232.141, subsection 8, for the
fiscal year beginning July 1, 2016, the amount of the statewide
average of the actual and allowable rates for reimbursement of
juvenile shelter care homes that is utilized for the limitation
on recovery of unpaid costs shall remain at the amount in
effect for this purpose in the fiscal year beginning July 1,
2015.
10. For the fiscal year beginning July 1, 2016, the
department shall calculate reimbursement rates for intermediate
care facilities for persons with an intellectual disability
at the 80th percentile. Beginning July 1, 2016, the rate
calculation methodology shall utilize the consumer price index
inflation factor applicable to the fiscal year beginning July
1, 2016.
11. For the fiscal year beginning July 1, 2016, for child
care providers reimbursed under the state child care assistance
program, the department shall set provider reimbursement
rates based on the rate reimbursement survey completed in
December 2004. Effective July 1, 2016, the child care provider
reimbursement rates shall remain at the rates in effect on June
30, 2016. The department shall set rates in a manner so as
to provide incentives for a nonregistered provider to become
registered by applying the increase only to registered and
licensed providers.
12. For the fiscal year beginning July 1, 2016, if the
centers for Medicare and Medicaid services of the United
States department of health and human services approves the
waivers necessary to implement medical assistance program
managed care applicable to any providers or services subject to
reimbursement under this section, notwithstanding any provision
to the contrary under this section, affected providers or
services shall instead be reimbursed as follows:
a. For fee=for=service claims, reimbursement shall be
calculated based on the methodology otherwise specified in this
section for the fiscal year beginning July 1, 2016, for the
respective provider or service.
b. For claims subject to a managed care contract,
reimbursement shall be based on the methodology established
by the managed care organization contract. However, any
reimbursement established under such contract shall not be
lower than the reimbursement otherwise specified in this
section for the fiscal year beginning July 1, 2016, for the
respective provider or service.
13. The department may adopt emergency rules to implement
this section.
Sec. 150. EMERGENCY RULES.
1. If specifically authorized by a provision of this
division of this Act, the department of human services or
the mental health and disability services commission may
adopt administrative rules under section 17A.4, subsection
3, and section 17A.5, subsection 2, paragraph "b", to
implement the provisions of this division of this Act and
the rules shall become effective immediately upon filing or
on a later effective date specified in the rules, unless the
effective date of the rules is delayed or the applicability
of the rules is suspended by the administrative rules review
committee. Any rules adopted in accordance with this section
shall not take effect before the rules are reviewed by the
administrative rules review committee. The delay authority
provided to the administrative rules review committee under
section 17A.4, subsection 7, and section 17A.8, subsection 9,
shall be applicable to a delay imposed under this section,
notwithstanding a provision in those sections making them
inapplicable to section 17A.5, subsection 2, paragraph "b".
Any rules adopted in accordance with the provisions of this
section shall also be published as a notice of intended action
as provided in section 17A.4.
2. If during a fiscal year, the department of human
services is adopting rules in accordance with this section
or as otherwise directed or authorized by state law, and the
rules will result in an expenditure increase beyond the amount
anticipated in the budget process or if the expenditure was
not addressed in the budget process for the fiscal year, the
department shall notify the persons designated by this division
of this Act for submission of reports, the chairpersons and
ranking members of the committees on appropriations, and
the department of management concerning the rules and the
expenditure increase. The notification shall be provided at
least 30 calendar days prior to the date notice of the rules
is submitted to the administrative rules coordinator and the
administrative code editor.
Sec. 151. REPORTS. Any reports or other information
required to be compiled and submitted under this Act during the
fiscal year beginning July 1, 2016, shall be submitted to the
chairpersons and ranking members of the joint appropriations
subcommittee on health and human services, the legislative
services agency, and the legislative caucus staffs on or
before the dates specified for submission of the reports or
information.
DIVISION XLII
HEALTH CARE ACCOUNTS AND FUNDS ==== FY 2016=2017
Sec. 152. PHARMACEUTICAL SETTLEMENT ACCOUNT. There is
appropriated from the pharmaceutical settlement account created
in section 249A.33 to the department of human services for the
fiscal year beginning July 1, 2016, and ending June 30, 2017,
the following amount, or so much thereof as is necessary, to be
used for the purpose designated:
Notwithstanding any provision of law to the contrary, to
supplement the appropriations made in this Act for medical
contracts under the medical assistance program for the fiscal
year beginning July 1, 2016, and ending June 30, 2017:
.................................................. $ 1,001,088
Sec. 153. QUALITY ASSURANCE TRUST FUND ==== DEPARTMENT OF
HUMAN SERVICES. Notwithstanding any provision to the contrary
and subject to the availability of funds, there is appropriated
from the quality assurance trust fund created in section
249L.4 to the department of human services for the fiscal year
beginning July 1, 2016, and ending June 30, 2017, the following
amounts, or so much thereof as is necessary, for the purposes
designated:
To supplement the appropriation made in this Act from the
general fund of the state to the department of human services
for medical assistance for the same fiscal year:
.................................................. $ 18,602,604
Sec. 154. HOSPITAL HEALTH CARE ACCESS TRUST FUND ====
DEPARTMENT OF HUMAN SERVICES. Notwithstanding any provision to
the contrary and subject to the availability of funds, there is
appropriated from the hospital health care access trust fund
created in section 249M.4 to the department of human services
for the fiscal year beginning July 1, 2016, and ending June
30, 2017, the following amounts, or so much thereof as is
necessary, for the purposes designated:
To supplement the appropriation made in this Act from the
general fund of the state to the department of human services
for medical assistance for the same fiscal year:
.................................................. $ 17,350,000
Sec. 155. MEDICAL ASSISTANCE PROGRAM ==== NONREVERSION
FOR FY 2016=2017. Notwithstanding section 8.33, if moneys
appropriated for purposes of the medical assistance program for
the fiscal year beginning July 1, 2016, and ending June 30,
2017, from the general fund of the state, the quality assurance
trust fund and the hospital health care access trust fund, are
in excess of actual expenditures for the medical assistance
program and remain unencumbered or unobligated at the close
of the fiscal year, the excess moneys shall not revert but
shall remain available for expenditure for the purposes of the
medical assistance program until the close of the succeeding
fiscal year.
DIVISION XLIII
REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM
Sec. 156. REFUGEE FAMILY SUPPORT SERVICES PILOT PROGRAM
APPROPRIATION ==== FY 2016=2017. There is appropriated from the
general fund of the state to the department of human services
for the fiscal year beginning July 1, 2016, and ending June 30,
2017, the following amount, or so much thereof as is necessary,
to be used for the purposes designated:
For continuation of a pilot project pursuant to the refugee
family support services pilot project program created in
this 2015 Act in a county with a population over 350,000 as
determined by the 2010 federal decennial census:
.................................................. $ 50,000
The amount appropriated under this section shall not
be reduced for administrative or other costs prior to
distribution.
Notwithstanding section 8.33, moneys appropriated in this
section that remain unencumbered or unobligated at the close of
the fiscal year shall not revert but shall remain available for
expenditure for the purposes designated until the close of the
succeeding fiscal year.
Sec. 157. PROPERTY TAX RELIEF FUND BLOCK GRANT MONEYS. The
moneys transferred to the property tax relief fund for the
fiscal year beginning July 1, 2015, from the federal social
services block grant pursuant to 2015 Iowa Acts, House File
630, and from the federal temporary assistance for needy
families block grant, totaling at least $11,774,275, are
appropriated to the department of human services for the fiscal
year beginning July 1, 2015, and ending June 30, 2016, to be
used for the purposes designated, notwithstanding any provision
of law to the contrary:
1. For distribution to any mental health and disability
services region where 25 percent of the region's projected
expenditures exceeds the region's projected fund balance:
.................................................. $ 480,000
a. For purposes of this subsection:
(1) "Available funds" means a county mental health and
services fund balance on June 30, 2015, plus the maximum amount
a county was allowed to levy for the fiscal year beginning July
1, 2015.
(2) "Projected expenditures" means the actual expenditures
of a mental health and disability services region as of June
30, 2015, multiplied by an annual inflation rate of 2 percent
plus the projected costs for new core services administered by
the region as provided in a region's regional service system
management plan approved pursuant to section 331.393 for the
fiscal year beginning July 1, 2015.
(3) "Projected fund balance" means the difference between a
mental health and disability services region's available funds
and projected expenditures.
b. If sufficient funds are not available to implement this
subsection, the department of human services shall distribute
funds to a region in proportion to the availability of funds.
2. To be transferred to the appropriation in this Act for
child and family services for the fiscal year beginning July 1,
2016, to be used for the purpose of that appropriation:
.................................................. $ 5,407,137
DIVISION XLIV
PERSONNEL SETTLEMENT AGREEMENT PAYMENTS
Sec. 158. PERSONNEL SETTLEMENT AGREEMENT PAYMENTS. As
a condition of the appropriations in this Act, the moneys
appropriated and any other moneys available shall not be used
for payment of a personnel settlement agreement that contains a
confidentiality provision intended to prevent public disclosure
of the agreement or any terms of the agreement.
DIVISION XLV
CLARINDA STATE MENTAL HEALTH INSTITUTE ==== PRIVATE PROVIDER ====
SHARED SERVICES
Sec. 159. CLARINDA ==== PRIVATE PROVIDER.
1. Within 30 days of the effective date of an appropriation
to the department of human services for the fiscal year
beginning July 1, 2014, and ending June 30, 2015, for operation
of the state mental health institute at Clarinda in the fiscal
year beginning July 1, 2015, the department of human services
shall issue a request for proposals for the purpose of entering
into a contract to engage an in=state private nursing home
provider to provide care and treatment for adult persons who
are sexually aggressive or combative due to a mental illness or
who have unmet geropsychiatric needs, beginning December 16,
2015, at the state mental health institute at Clarinda. The
request for proposals shall specify that the provider shall
have an authorized bed capacity of not fewer than 15 beds.
2. The contract executed by the department of human
services with the private provider of geropsychiatric care and
treatment after December 15, 2015, at the state mental health
institute at Clarinda shall require the private provider to
give preference in employment to qualified former employees
providing such care and treatment at the state mental health
institute at Clarinda between January 1 and December 15, 2015.
CLARINDA == SHARED SERVICES == 2015=2016 FISCAL YEAR
Sec. 160. 2015 Iowa Acts, Senate File 497, section 3,
subsection 1, paragraph g, if enacted, is amended to read as
follows:
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 25,933,430
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation any private provider contracting with the
department of human services or the department of corrections
are appropriated to the department of corrections and shall be
used for the purpose of operating the Clarinda correctional
facility.
CLARINDA == SHARED SERVICES == 2016=2017 FISCAL YEAR
Sec. 161. 2015 Iowa Acts, Senate File 497, section 25,
subsection 1, paragraph g, if enacted, is amended to read as
follows:
g. For the operation of the Clarinda correctional facility,
including salaries, support, maintenance, and miscellaneous
purposes:
.................................................. $ 12,966,715
Moneys received by the department of corrections as
reimbursement for services provided to the Clarinda youth
corporation any private provider contracting with the
department of human services or the department of corrections
are appropriated to the department of corrections and shall be
used for the purpose of operating the Clarinda correctional
facility.
DIVISION XLVI
CONDITIONAL EFFECTIVE DATE AND
RETROACTIVE APPLICABILITY PROVISIONS
Sec. 162. EFFECTIVE UPON ENACTMENT. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, takes effect upon enactment.
Sec. 163. RETROACTIVE APPLICABILITY. Unless otherwise
provided, this Act, if approved by the governor on or after
July 1, 2015, applies retroactively to July 1, 2015.
PAM JOCHUM
President of the Senate
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 505, Eighty=sixth General Assembly.
MICHAEL E. MARSHALL
Secretary of the Senate
Approved , 2015
TERRY E. BRANSTAD
Governor
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