Bill Text: IA HF2698 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to and making appropriations for veterans and health and human services, including other related provisions and appropriations including but not limited to the personal needs allowance for certain persons under Medicaid and the state supplementary assistance programs, replacement generation tax revenues, the Medicaid fraud and health care trust funds, the retention of certain revenues by the mental health institutes, the retention of Medicaid eligibility by residents of mental health institutes, the scope of services of the state resource centers, the appropriation of moneys in the juvenile detention home fund, the family investment program account and diversion program, the child support collection services center refund account, the quality assurance assessment payment period, the centers of excellence grant program, an assisted living program revised payment model study, funding for county commissions of veteran affairs, foster care provisions including those relating to a relative or fictive kin, health care employment agencies and health care technology platforms, medical cannabidiol practitioner requirements, nursing facility oversight, and state-funded psychiatry residency and fellowship positions, providing penalties, and including effective date and retroactive applicability provisions. Effective date: 05/09/2024, 07/01/2024. Applicability date: 07/01/2022, 07/01/2023.

Spectrum: Committee Bill

Status: (Passed) 2024-05-10 - NOBA: Final [HF2698 Detail]

Download: Iowa-2023-HF2698-Introduced.html
House File 2698 - Introduced HOUSE FILE 2698 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 5004HB) A BILL FOR An Act relating to and making appropriations for veterans 1 and health and human services, including other related 2 provisions and appropriations, and including effective date 3 and retroactive applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5004HV (3) 90 pf/ko
H.F. 2698 DIVISION I 1 DEPARTMENT OF VETERANS AFFAIRS —— FY 2024-2025 2 Section 1. DEPARTMENT OF VETERANS AFFAIRS. There is 3 appropriated from the general fund of the state to the 4 department of veterans affairs for the fiscal year beginning 5 July 1, 2024, and ending June 30, 2025, the following amounts, 6 or so much thereof as is necessary, to be used for the purposes 7 designated: 8 1. DEPARTMENT OF VETERANS AFFAIRS ADMINISTRATION 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,369,205 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 15.00 14 2. STATE VETERANS CEMETERY 15 For cemetery grounds services and miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 292,000 17 3. IOWA VETERANS HOME 18 For salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,145,736 21 a. The Iowa veterans home billings involving the department 22 of health and human services shall be submitted to the 23 department on at least a monthly basis. 24 b. The Iowa veterans home expenditure report shall be 25 submitted monthly to the general assembly. 26 4. HOME OWNERSHIP ASSISTANCE PROGRAM 27 For transfer to the Iowa finance authority for the 28 continuation of the home ownership assistance program for 29 persons who are or were eligible members of the armed forces of 30 the United States, pursuant to section 16.54: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,200,000 32 DIVISION II 33 AGING AND DISABILITY SERVICES —— FY 2024-2025 34 Sec. 2. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— AGING 35 -1- LSB 5004HV (3) 90 pf/ko 1/ 63
H.F. 2698 AND DISABILITY SERVICES. There is appropriated from the 1 general fund of the state to the department of health and human 2 services for the fiscal year beginning July 1, 2024, and ending 3 June 30, 2025, the following amount, or so much thereof as is 4 necessary, to be used for the purposes designated: 5 For aging programs for the department of health and human 6 services and area agencies on aging to provide citizens of 7 Iowa who are 60 years of age and older with case management; 8 Iowa’s aging and disabilities resource centers; for the 9 return to community program; for the purposes of chapter 231E, 10 to administer the prevention of elder abuse, neglect, and 11 exploitation program pursuant to section 231.56A, in accordance 12 with the requirements of the federal Older Americans Act of 13 1965, 42 U.S.C. §3001 et seq., as amended; for the reporting 14 and evaluation of cases of dependant adult abuse pursuant to 15 chapter 235B; and for other services which may include but are 16 not limited to adult day, respite care, chore, information 17 and assistance, and material aid, for information and options 18 counseling for persons with disabilities, and for salaries, 19 support, administration, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,088,714 22 1. Funds appropriated in this section may be used to 23 supplement federal funds under federal regulations. To 24 receive funds appropriated in this section, a local area 25 agency on aging shall match the funds with moneys from other 26 sources according to rules adopted by the department. Funds 27 appropriated in this section may be used for services not 28 specifically enumerated in this section only if approved by the 29 department as part of an area agency on aging’s area plan. 30 2. Of the funds appropriated in this section, $949,282 31 shall be used for the family support center component of the 32 comprehensive family support program under chapter 225C, 33 subchapter V. 34 3. Of the funds appropriated in this section, $33,632 shall 35 -2- LSB 5004HV (3) 90 pf/ko 2/ 63
H.F. 2698 be used to build community capacity through the coordination 1 and provision of training opportunities in accordance with the 2 consent decree of Conner v. Branstad, No. 4-86-CV-30871 (S.D. 3 Iowa, July 14, 1994). 4 DIVISION III 5 BEHAVIORAL HEALTH —— FY 2024-2025 6 Sec. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— 7 BEHAVIORAL HEALTH. There is appropriated from the general fund 8 of the state to the department of health and human services for 9 the fiscal year beginning July 1, 2024, and ending June 30, 10 2025, the following amount, or so much thereof as is necessary, 11 to be used for the purposes designated: 12 For behavioral health prevention, treatment, and recovery 13 efforts to reduce the prevalence of the use of, provide 14 treatment for, and support recovery from tobacco and substance 15 use and misuse pursuant to the applicable policy, purpose, 16 and intent described in sections 125.1 and 142A.1, alcohol, 17 problem gambling, and other addictive behaviors. Activities 18 shall align with accepted best practice guidance standards for 19 behavioral health including those published by the centers for 20 disease control and prevention and the substance abuse and 21 mental health services administration of the United States 22 department of health and human services for health promotion; 23 universal, selective, and indicated prevention; treatment; and 24 recovery services and supports; and shall include a 24-hour 25 helpline, public information resources, professional training, 26 youth prevention, program evaluation, and efforts at the state 27 and local levels: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,400,114 29 Sec. 4. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— SPORTS 30 WAGERING RECEIPTS FUND. There is appropriated from the sports 31 wagering receipts fund created in section 8.57, subsection 6, 32 to the department of health and human services for the fiscal 33 year beginning July 1, 2024, and ending June 30, 2025, the 34 following amount, or so much thereof as is necessary, to be 35 -3- LSB 5004HV (3) 90 pf/ko 3/ 63
H.F. 2698 used for behavioral health prevention, treatment, and recovery 1 efforts to reduce the prevalence of the use of, provide 2 treatment for, and support recovery from tobacco and substance 3 use and misuse pursuant to the applicable policy, purpose, and 4 intent described in sections 125.1 and 142A.1, alcohol, problem 5 gambling, and other addictive behaviors: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,750,000 7 Sec. 5. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— MENTAL 8 HEALTH AND DISABILITY SERVICES REGIONAL SERVICE FUND —— 9 REGION INCENTIVE FUND. There is appropriated from the region 10 incentive fund of the mental health and disability services 11 regional service fund created in section 225C.7A, to the 12 department of health and human services for the fiscal year 13 beginning July 1, 2024, and ending June 30, 2025, the following 14 amount, or so much thereof as is necessary, to be used to 15 support the statewide 988 suicide and crisis line, and to 16 support the transition to the new behavioral health system 17 pursuant to 2024 Iowa Acts, House File 2509, or successor 18 legislation, if enacted: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 20 DIVISION IV 21 PUBLIC HEALTH —— FY 2024-2025 22 Sec. 6. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— PUBLIC 23 HEALTH. There is appropriated from the general fund of the 24 state to the department of health and human services for the 25 fiscal year beginning July 1, 2024, and ending June 30, 2025, 26 the following amount, or so much thereof as is necessary, to be 27 used for the purposes designated: 28 For programs that support health promotion, protect the 29 health and safety of the public, conduct disease surveillance 30 and investigation to reduce the incidence of morbidity and 31 mortality, serve individuals with chronic conditions, and 32 strengthen the health care delivery system to improve health 33 outcomes for all Iowans: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,916,821 35 -4- LSB 5004HV (3) 90 pf/ko 4/ 63
H.F. 2698 1. Of the funds appropriated in this section, $2,100,000 1 shall be deposited in the medical residency training account 2 created in section 135.175, subsection 5, paragraph “a”, and is 3 appropriated from the account to the department to be used for 4 the purposes of the medical residency training state matching 5 grants program as specified in section 135.176. 6 2. Of the funds appropriated in this section, $800,000 7 shall be used for rural psychiatric residencies to annually 8 fund eight psychiatric residents who will provide mental health 9 services in underserved areas of the state. 10 3. Of the funds appropriated in this section, $425,000 11 shall be used for the continuation of a centers of excellence 12 program for the awarding of two grants to encourage innovation 13 and collaboration among regional health care providers in a 14 rural area based upon the results of a regional community 15 needs assessment to transform health care delivery in order to 16 provide quality, sustainable care that meets the needs of the 17 local communities. An applicant for the grant shall specify 18 how the grant will be expended to accomplish the goals of the 19 program and shall provide a detailed five-year sustainability 20 plan prior to being awarded any grant. Following receipt 21 of the grant, a recipient shall submit periodic reports as 22 specified by the department to the governor and the general 23 assembly regarding the recipient’s expenditure of the grant and 24 progress in accomplishing the program’s goals. 25 4. Of the funds appropriated in this section, $560,000 shall 26 be deposited in the state-funded family medicine obstetrics 27 fellowship program fund to be used for the state-funded family 28 medicine obstetrics fellowship program, in accordance with 29 section 135.193. 30 5. The department shall work with the board established 31 in chapter 135D to develop plans for program enhancements 32 in the Iowa health information network for the purpose of 33 empowering Iowa patients to access and direct their health 34 information utilizing the Iowa health information network. 35 -5- LSB 5004HV (3) 90 pf/ko 5/ 63
H.F. 2698 Program enhancements shall protect data privacy, facilitate the 1 interchange of health data for the purpose of improving public 2 health outcomes, and increase participation by health care 3 providers. 4 6. The university of Iowa hospitals and clinics under 5 the control of the state board of regents shall not receive 6 indirect costs from the funds appropriated in this section. 7 The university of Iowa hospitals and clinics billings to the 8 department shall be on at least a quarterly basis. 9 DIVISION V 10 COMMUNITY ACCESS AND ELIGIBILITY —— FY 2024-2025 11 Sec. 7. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— COMMUNITY 12 ACCESS AND ELIGIBILITY. There is appropriated from the 13 general fund of the state to the department of health and human 14 services for the fiscal year beginning July 1, 2024, and ending 15 June 30, 2025, the following amount, or so much thereof as is 16 necessary, to be used for the purposes designated: 17 To be used for salaries, support, maintenance, and 18 miscellaneous purposes and for family investment program (FIP) 19 assistance in accordance with chapter 239B, and for other costs 20 associated with providing needs-based benefits or assistance 21 including but not limited to maternal and child health, oral 22 health, obesity prevention, the promoting independence and 23 self-sufficiency through employment, job opportunities and 24 basic skills (PROMISE JOBS) program, supplemental nutrition 25 assistance program (SNAP) employment and training, the FIP 26 diversion program, family planning, rent reimbursement, 27 and eligibility determinations for medical assistance, food 28 assistance, and the children’s health insurance program: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68,043,944 30 1. Of the child support collections assigned under FIP, 31 the federal share of support collections shall be credited to 32 the child support services appropriation made in this division 33 of this Act. Of the remainder of the assigned child support 34 collections received by child support services, a portion 35 -6- LSB 5004HV (3) 90 pf/ko 6/ 63
H.F. 2698 shall be credited to community access and eligibility, and 1 the remaining funds may be used to increase recoveries, to 2 sustain cash flow in the child support payments account, or for 3 technology needs. If child support collections assigned under 4 FIP are greater than estimated or are otherwise determined not 5 to be required for maintenance of effort, the state share of 6 either amount may be transferred to or retained in the child 7 support payments account. 8 2. Of the funds appropriated in this section, $3,075,000 9 shall be used for continuation of the department’s initiative 10 to provide for adequate developmental surveillance and 11 screening during a child’s first five years. The funds shall 12 be used first to fully fund the current participating counties 13 to ensure that those counties are fully operational, with the 14 remaining funds to be used for expanding participation to 15 additional counties. The full implementation and expansion 16 shall include enhancing the scope of the initiative through 17 collaboration with the child health specialty clinics to 18 promote the use of developmental surveillance and screening to 19 support healthy child development through early identification 20 and response to both biomedical and social determinants of 21 healthy development by providing practitioner consultation 22 and continuous improvement through training and education, 23 particularly for children with behavioral conditions and 24 needs. The department shall also collaborate with the Medicaid 25 program and the child health specialty clinics to assist in 26 coordinating the activities of the first five initiative into 27 the establishment of patient-centered medical homes developed 28 to improve health quality and population health while reducing 29 health care costs. To the maximum extent possible, funding 30 allocated in this subsection shall be utilized as matching 31 funds for Medicaid program reimbursement. 32 3. Of the funds appropriated in this section, $1,145,102 33 is allocated to the Iowa commission on volunteer service for 34 programs and grants. 35 -7- LSB 5004HV (3) 90 pf/ko 7/ 63
H.F. 2698 4. The university of Iowa hospitals and clinics under 1 the control of the state board of regents shall not receive 2 indirect costs from the funds appropriated in this section. 3 The university of Iowa hospitals and clinics billings to the 4 department shall be on at least a quarterly basis. 5 CHILD SUPPORT SERVICES 6 Sec. 8. CHILD SUPPORT SERVICES. There is appropriated from 7 the general fund of the state to the department of health and 8 human services for the fiscal year beginning July 1, 2024, and 9 ending June 30, 2025, the following amount, or so much thereof 10 as is necessary, to be used for the purposes designated: 11 For child support services, including salaries, support, 12 maintenance, and miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,434,282 14 1. Federal access and visitation grant moneys shall be used 15 for services designed to increase compliance with the child 16 access provisions of court orders, including but not limited to 17 neutral visitation sites and mediation services. 18 2. The appropriation made to the department for child 19 support services may be used throughout the fiscal year in the 20 manner necessary for purposes of cash flow management, and for 21 cash flow management purposes the department may temporarily 22 draw more than the amount appropriated, provided the amount 23 appropriated is not exceeded at the close of the fiscal year. 24 TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT 25 Sec. 9. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK 26 GRANT. There is appropriated from the special fund created in 27 section 8.41 to the department of health and human services 28 for the fiscal year beginning July 1, 2024, and ending June 29 30, 2025, from moneys received under the federal temporary 30 assistance for needy families (TANF) block grant pursuant 31 to the federal Personal Responsibility and Work Opportunity 32 Reconciliation Act of 1996, Pub. L. No. 104-193, and successor 33 legislation, the following amounts, or so much thereof as is 34 necessary, to be used for the purposes designated: 35 -8- LSB 5004HV (3) 90 pf/ko 8/ 63
H.F. 2698 1. For community access and eligibility, FIP, the PROMISE 1 JOBS program, implementing family investment agreements in 2 accordance with chapter 239B, and for continuation of the 3 program promoting awareness of the benefits of a healthy 4 marriage: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,988,627 6 2. For community access and eligibility to provide 7 pregnancy prevention grants on the condition that family 8 planning services are funded: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,913,203 10 Pregnancy prevention grants shall be awarded to programs 11 in existence on or before July 1, 2024, if the programs have 12 demonstrated positive outcomes. Grants shall be awarded to 13 pregnancy prevention programs which are developed after July 14 1, 2024, if the programs are based on existing models that 15 have demonstrated positive outcomes. Grants shall comply with 16 the requirements provided in 1997 Iowa Acts, chapter 208, 17 section 14, subsections 1 and 2, including the requirement that 18 grant programs must emphasize sexual abstinence. Priority in 19 the awarding of grants shall be given to programs that serve 20 areas of the state which demonstrate the highest percentage of 21 unplanned pregnancies of females of childbearing age within the 22 geographic area to be served by the grant. 23 3. For community access and eligibility to meet one of the 24 four core purposes of TANF as specified in 45 C.F.R. §260.20, 25 including by modernizing the program to promote economic 26 mobility and self-sufficiency, ensuring that families are able 27 to overcome benefit cliffs, encouraging healthy families, and 28 streamlining service delivery to reduce duplication: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 30 4. For technology needs related to child support 31 modernization of the Iowa collections and reporting (ICAR) 32 system and for a closed loop referral system for the thrive 33 Iowa program: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000,000 35 -9- LSB 5004HV (3) 90 pf/ko 9/ 63
H.F. 2698 5. For early intervention and supports for the family 1 development and self-sufficiency (FaDSS) grant program in 2 accordance with section 216A.107: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,888,980 4 Of the funds allocated for the FaDSS grant program in this 5 subsection, not more than 5 percent of the funds shall be used 6 for administrative purposes. 7 6. For early intervention and supports for child abuse 8 prevention grants: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 10 7. For accountability, compliance, program integrity, 11 technology needs, and other resources necessary to meet federal 12 and state reporting, tracking, and case management requirements 13 and other departmental needs: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,533,647 15 8. For state child care assistance: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47,166,826 17 9. For child protective services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 62,364,100 19 10. For child protective services for the kinship stipend 20 program: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,000,000 22 DIVISION VI 23 MEDICAL ASSISTANCE —— STATE SUPPLEMENTARY ASSISTANCE —— HEALTHY 24 AND WELL KIDS IN IOWA PROGRAM AND OTHER HEALTH-RELATED PROGRAMS 25 —— FY 2024-2025 26 Sec. 10. MEDICAL ASSISTANCE, STATE SUPPLEMENTARY 27 ASSISTANCE, AND HEALTHY AND WELL KIDS IN IOWA PROGRAM. There 28 is appropriated from the general fund of the state to the 29 department of health and human services for the fiscal year 30 beginning July 1, 2024, and ending June 30, 2025, the following 31 amount, or so much thereof as is necessary, to be used for the 32 purposes designated: 33 For medical assistance program reimbursement and associated 34 costs as specifically provided in the reimbursement 35 -10- LSB 5004HV (3) 90 pf/ko 10/ 63
H.F. 2698 methodologies in effect on June 30, 2024, except as otherwise 1 expressly authorized by law, consistent with options under 2 federal law and regulations, and contingent upon receipt of 3 approval from the office of the governor of reimbursement 4 for each abortion performed under the program; for the state 5 supplementary assistance program; for the health insurance 6 premium payment program; and for maintenance of the healthy and 7 well kids in Iowa (Hawki) program pursuant to chapter 514I, 8 including supplemental dental services, for receipt of federal 9 financial participation under Tit. XXI of the federal Social 10 Security Act, which creates the children’s health insurance 11 program; and for other specified health-related programs: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,651,307,614 13 1. Of the funds appropriated in this section, 14 $1,605,504,882 is allocated for medical assistance program 15 reimbursement and associated costs. 16 a. Of the funds allocated in this subsection, $800,000 shall 17 be used for the renovation and construction of certain nursing 18 facilities, consistent with the provisions of chapter 249K. 19 b. Of the funds allocated in this subsection, $3,383,880 20 shall be used for program administration, outreach, and 21 enrollment activities of the state family planning services 22 program pursuant to section 217.41B, and of this amount, the 23 department may use $200,000 for administrative expenses. 24 c. Of the funds allocated in this subsection, $369,000 shall 25 be used to provide enhanced reimbursement for a psychiatric 26 medical institution for children that meets the selection 27 criteria and for the purposes specified in 2024 Iowa Acts, 28 House File 2402, or successor legislation, if enacted. 29 d. Of the funds allocated in this subsection, $86,000 shall 30 be used to provide biomarker testing under the Medicaid program 31 as specified in 2024 Iowa Acts, House File 2668, or successor 32 legislation, if enacted. 33 e. Of the funds allocated in this subsection, $2,000,000 34 shall be used for adjustment of the Medicaid pharmacy 35 -11- LSB 5004HV (3) 90 pf/ko 11/ 63
H.F. 2698 dispensing fee. 1 f. Of the funds allocated in this subsection, $1,779,122 2 shall be used to increase income eligibility for the Medicaid 3 for employed people with disabilities program to 300 percent of 4 the most recently revised official poverty guidelines published 5 by the United States department of health and human services. 6 g. Of the funds allocated in this subsection, $2,251,436 7 shall be used to increase reimbursement rates under the 8 Medicaid program for mental health providers. 9 2. Iowans support reducing the number of abortions 10 performed in our state. Funds appropriated under this section 11 shall not be used for abortions, unless otherwise authorized 12 under this section. 13 3. The provisions of this section relating to abortions 14 shall also apply to the Iowa health and wellness plan created 15 pursuant to chapter 249N. 16 4. Of the funds appropriated in this section, $4,479,762 is 17 allocated for the state supplementary assistance program. 18 5. Of the funds appropriated in this section, $41,322,970 19 is allocated for maintenance of the Hawki program pursuant 20 to chapter 514I, including supplemental dental services, for 21 receipt of federal financial participation under Tit. XXI of 22 the federal Social Security Act, which creates the children’s 23 health insurance program. 24 HEALTH PROGRAM OPERATIONS 25 Sec. 11. HEALTH PROGRAM OPERATIONS. There is appropriated 26 from the general fund of the state to the department of health 27 and human services for the fiscal year beginning July 1, 28 2024, and ending June 30, 2025, the following amount, or so 29 much thereof as is necessary, to be used for the purposes 30 designated: 31 For health program operations: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,597,231 33 1. The department of inspections, appeals, and licensing 34 shall provide all state matching funds for survey and 35 -12- LSB 5004HV (3) 90 pf/ko 12/ 63
H.F. 2698 certification activities performed by the department of 1 inspections, appeals, and licensing. The department of health 2 and human services is solely responsible for distributing the 3 federal matching funds for such activities. 4 2. Of the funds appropriated in this section, a sufficient 5 amount shall be used for the administration of the health 6 insurance premium payment program, including salaries, support, 7 maintenance, and miscellaneous purposes. 8 3. Of the funds appropriated in this section, $750,000 shall 9 be used for the state poison control center. Pursuant to the 10 directive under 2014 Iowa Acts, chapter 1140, section 102, the 11 federal matching funds available to the state poison control 12 center from the department under the federal Children’s Health 13 Insurance Program Reauthorization Act of 2009 allotment shall 14 be subject to the federal administrative cap rule of 10 percent 15 applicable to funding provided under Tit. XXI of the federal 16 Social Security Act and included within the department’s 17 calculations of the cap. 18 4. Unless otherwise provided, annual increases for services 19 provided through contracts funded under this section shall 20 not exceed the amount by which the consumer price index for 21 all urban consumers increased during the most recently ended 22 calendar year. 23 HEALTH CARE ACCOUNTS AND FUNDS 24 Sec. 12. PHARMACEUTICAL SETTLEMENT ACCOUNT —— DEPARTMENT 25 OF HEALTH AND HUMAN SERVICES. There is appropriated from the 26 pharmaceutical settlement account created in section 249A.33 to 27 the department of health and human services for the fiscal year 28 beginning July 1, 2024, and ending June 30, 2025, the following 29 amount, or so much thereof as is necessary, to be used for the 30 purposes designated: 31 Notwithstanding any provision of law to the contrary, to 32 supplement the appropriation made in this Act for health 33 program operations under the medical assistance program for the 34 same fiscal year: 35 -13- LSB 5004HV (3) 90 pf/ko 13/ 63
H.F. 2698 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,193 1 Sec. 13. QUALITY ASSURANCE TRUST FUND —— DEPARTMENT OF 2 HEALTH AND HUMAN SERVICES. Notwithstanding any provision to 3 the contrary and subject to the availability of funds, there is 4 appropriated from the quality assurance trust fund created in 5 section 249L.4 to the department of health and human services 6 for the fiscal year beginning July 1, 2024, and ending June 30, 7 2025, the following amount, or so much thereof as is necessary, 8 for the purposes designated: 9 To supplement the appropriation made in this Act from the 10 general fund of the state to the department of health and human 11 services for medical assistance for the same fiscal year: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $111,216,205 13 Sec. 14. HOSPITAL HEALTH CARE ACCESS TRUST FUND —— 14 DEPARTMENT OF HEALTH AND HUMAN SERVICES. Notwithstanding any 15 provision to the contrary and subject to the availability of 16 funds, there is appropriated from the hospital health care 17 access trust fund created in section 249M.4 to the department 18 of health and human services for the fiscal year beginning July 19 1, 2024, and ending June 30, 2025, the following amount, or so 20 much thereof as is necessary, for the purposes designated: 21 To supplement the appropriation made in this Act from the 22 general fund of the state to the department of health and human 23 services for medical assistance for the same fiscal year: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,920,554 25 REIMBURSEMENT RATES 26 Sec. 15. REIMBURSEMENT RATES. 27 1. Reimbursement for medical assistance, state 28 supplementary assistance, and social service providers and 29 services reimbursed under the purview of the department of 30 health and human services shall remain at the reimbursement 31 rate or shall be determined pursuant to the reimbursement 32 methodology in effect on June 30, 2024, with the exception of 33 the following: 34 a. If reimbursement is otherwise negotiated by contract or 35 -14- LSB 5004HV (3) 90 pf/ko 14/ 63
H.F. 2698 pursuant to an updated fee schedule. 1 b. As otherwise provided in this section. 2 2. a. Notwithstanding any provision of law to the contrary, 3 for the fiscal year beginning July 1, 2024, and ending June 4 30, 2025, the department of health and human services shall 5 reimburse case-mix nursing facility rates at the amounts in 6 effect on June 30, 2024. 7 b. The department of health and human services shall 8 calculate each nursing facility’s case-mix index for the period 9 beginning July 1, 2023, using weighting based on the current 10 patient driven payment model (PDPM) schedule. Rosters shall be 11 made to show a separate calculation to determine the average 12 case-mix index for a nursing-facility-wide case mix index, and 13 a case-mix index for the residents of a nursing facility who 14 are Medicaid recipients using all minimum data set reports by 15 the nursing facility for the previous semi-annual period using 16 a day weighted calculation. 17 3. For the fiscal year beginning July 1, 2024, Medicaid 18 provider rates shall be adjusted to 85 percent of the benchmark 19 rates based on the department’s 2023 Medicaid rate review for 20 all of the following Medicaid providers: 21 a. Home health agencies. 22 b. Medical supply providers. 23 c. Physician assistants. 24 d. Physical therapists. 25 e. Occupational therapists. 26 f. Certified nurse midwives. 27 4. For the fiscal year beginning July 1, 2024, Medicaid 28 provider rates shall be adjusted to 85 percent of the benchmark 29 rates based on the department’s 2024 Medicaid rate review for 30 all of the following Medicaid providers: 31 a. Psychologists. 32 b. Nurse practitioners. 33 5. For the fiscal year beginning July 1, 2024, reimbursement 34 rates for home and community-based services providers shall be 35 -15- LSB 5004HV (3) 90 pf/ko 15/ 63
H.F. 2698 increased compared to the rates in effect on June 30, 2024, to 1 the extent possible within the state funding, including the 2 $14,600,000 provided for this purpose. 3 6. For the fiscal year beginning July 1, 2024, reimbursement 4 rates for community mental health centers shall be increased 5 compared to the rates in effect on June 30, 2024, to the extent 6 possible within the state funding, including the $276,947 7 provided for this purpose. 8 7. For the fiscal year beginning July 1, 2024, enhanced 9 reimbursement shall be provided for a psychiatric medical 10 institution for children that meets the selection criteria 11 specified in 2024 Iowa Acts, House File 2402, or successor 12 legislation, if enacted. 13 8. For the fiscal year beginning July 1, 2024, the pharmacy 14 dispensing fee shall be adjusted within the additional 15 $2,000,000 appropriated for this purpose. 16 9. For the fiscal year beginning July 1, 2024, the 17 reimbursement rates for mental health providers shall be 18 increased within the additional $2,251,436 appropriated for 19 this purpose. 20 DIVISION VII 21 FAMILY WELL-BEING AND PROTECTION —— FY 2024-2025 22 STATE CHILD CARE ASSISTANCE 23 Sec. 16. STATE CHILD CARE ASSISTANCE. There is appropriated 24 from the general fund of the state to the department of health 25 and human services for the fiscal year beginning July 1, 26 2024, and ending June 30, 2025, the following amount, or so 27 much thereof as is necessary, to be used for the purposes 28 designated: 29 For state child care assistance in accordance with section 30 237A.13: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,966,931 32 A portion of the state match for the federal child care and 33 development block grant shall be provided as necessary to meet 34 federal matching funds requirements through the state general 35 -16- LSB 5004HV (3) 90 pf/ko 16/ 63
H.F. 2698 fund appropriation made for child development grants and other 1 programs for at-risk children in section 279.51. 2 EARLY INTERVENTION AND SUPPORTS 3 Sec. 17. EARLY INTERVENTION AND SUPPORTS. There is 4 appropriated from the general fund of the state to the 5 department of health and human services for the fiscal year 6 beginning July 1, 2024, and ending June 30, 2025, the following 7 amount, or so much thereof as is necessary, to be used for the 8 purposes designated: 9 For promoting the optimum health status for children 10 and adolescents from birth through 21 years of age, and for 11 families: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,277,739 13 1. Of the funds appropriated in this section, not more 14 than $734,000 shall be used for the healthy opportunities for 15 parents to experience success (HOPES)-healthy families Iowa 16 (HFI) program established pursuant to section 135.106. 17 2. Of the funds appropriated in this section, $4,313,854 is 18 allocated for the FaDSS grant program. Of the funds allocated 19 for the FaDSS grant program in this subsection, not more than 5 20 percent of the funds shall be used for administration of the 21 grant program. 22 3. Of the funds appropriated in this section, $29,256,799 23 shall be used for the purposes of the early childhood Iowa fund 24 created in section 256I.11. 25 4. Of the funds appropriated in this section, $1,000,000 26 shall be used for the purposes of program administration and 27 provision of pregnancy support services through the more 28 options for maternal support program in accordance with section 29 217.41C. 30 CHILD PROTECTIVE SERVICES 31 Sec. 18. CHILD PROTECTIVE SERVICES. There is appropriated 32 from the general fund of the state to the department of health 33 and human services for the fiscal year beginning July 1, 34 2024, and ending June 30, 2025, the following amount, or so 35 -17- LSB 5004HV (3) 90 pf/ko 17/ 63
H.F. 2698 much thereof as is necessary, to be used for the purposes 1 designated: 2 For child, family, and adoption services, and for salaries, 3 support, maintenance, and miscellaneous purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $170,374,778 5 1. Of the funds appropriated in this section, $1,717,000 6 is allocated specifically for expenditure for fiscal year 7 2024-2025 through the decategorization services funding pools 8 and governance boards established pursuant to section 232.188. 9 2. Federal funds received by the state during the fiscal 10 year beginning July 1, 2024, as the result of the expenditure 11 of state funds appropriated during a previous state fiscal 12 year for a service or activity funded under this section, are 13 appropriated to the department to be used as additional funding 14 for services and purposes provided for under this section. 15 Notwithstanding section 8.33, moneys received in accordance 16 with this subsection that remain unencumbered or unobligated at 17 the close of the fiscal year shall not revert to any fund but 18 shall remain available for the purposes designated until the 19 close of the succeeding fiscal year. 20 3. a. Of the funds appropriated in this section, $748,000 21 is allocated for the payment of the expenses of court-ordered 22 services provided to children who are under the supervision 23 of the department, which expenses are a charge upon the state 24 pursuant to section 232.141, subsection 4. 25 b. Notwithstanding chapter 232 or any other provision of 26 law to the contrary, a district or juvenile court shall not 27 order any service which is a charge upon the state pursuant 28 to section 232.141 if the court-ordered services distribution 29 amount is insufficient to pay for the service. 30 4. Of the funds appropriated in this section, $1,658,000 31 shall be used for the child protection center grant program for 32 child protection centers located in Iowa in accordance with 33 section 135.118. The grant amounts under the program shall be 34 equalized so that each center receives a uniform base amount of 35 -18- LSB 5004HV (3) 90 pf/ko 18/ 63
H.F. 2698 $245,000, and so that the remaining funds are awarded through 1 a funding formula based upon the volume of children served. 2 To increase access to child protection center services for 3 children in rural areas, the funding formula for the awarding 4 of the remaining funds shall provide for the awarding of an 5 enhanced amount to eligible grantees to develop and maintain 6 satellite centers in underserved regions of the state. 7 5. Of the funds appropriated in this section, $4,359,500 is 8 allocated for the preparation for adult living program pursuant 9 to section 234.46. 10 6. Of the funds appropriated in this section, a portion may 11 be used for family-centered services for purposes of complying 12 with the federal Family First Prevention Services Act of 2018, 13 Pub. L. No. 115-123, and successor legislation. 14 7. a. Of the funds appropriated in this section, a 15 sufficient amount is allocated for adoption subsidy payments 16 and related costs. 17 b. Any funds allocated in this subsection remaining after 18 the allocation under paragraph “a” are designated and allocated 19 as state savings resulting from implementation of the federal 20 Fostering Connections to Success and Increasing Adoptions Act 21 of 2008, Pub. L. No. 110-351, and successor legislation, as 22 determined in accordance with 42 U.S.C. §673(a)(8), and shall 23 be used for post-adoption services and for other purposes 24 allowed under these federal laws, Tit. IV-B or Tit. IV-E of the 25 federal Social Security Act. 26 c. Of the funds appropriated in this section, $296,463 27 shall be used to increase the adoption subsidy paid to a person 28 pursuant to section 600.17 who adopts a child after July 1, 29 2024, by ten percent over the rates in effect on June 30, 2024. 30 8. Of the funds appropriated in this section, $193,000 shall 31 be used to expand the availability of supervised apartment 32 living arrangements. 33 9. Of the funds appropriated in this section, $617,530 shall 34 be used to increase the foster care reimbursement rates paid 35 -19- LSB 5004HV (3) 90 pf/ko 19/ 63
H.F. 2698 pursuant to section 234.38, by ten percent over the rates in 1 effect on June 30, 2024. 2 10. Of the funds appropriated in this section, $2,000,000 3 shall be used to pay the cost of the preplacement investigation 4 and the postplacement investigations related to adoptions, as 5 specified pursuant to section 600.8, as amended in this Act. 6 11. Of the funds appropriated in this section, $2,623,748 7 shall be used to lower the required ratio of supervisors to 8 social workers from one supervisor for every six and one-half 9 social workers to one supervisor for every five social workers. 10 12. If a separate funding source is identified that reduces 11 the need for state funds within an allocation under this 12 section, the allocated state funds may be redistributed to 13 other allocations under this section for the same fiscal year. 14 DIVISION VIII 15 STATE SPECIALTY CARE —— FY 2024-2025 16 Sec. 19. STATE SPECIALTY CARE. There is appropriated from 17 the general fund of the state to the department of health and 18 human services for the fiscal year beginning July 1, 2024, and 19 ending June 30, 2025, the following amount, or so much thereof 20 as is necessary, to be used for the purposes designated: 21 For salaries, support, maintenance, and miscellaneous 22 purposes at institutions under the jurisdiction of the 23 department of health and human services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100,006,128 25 1. The department shall utilize the funds appropriated in 26 this section as necessary to maximize bed capacity and to most 27 effectively meet the needs of the individuals served. 28 2. Of the amount appropriated in this section, the following 29 amounts are allocated to each institution as follows: 30 a. For the state mental health institute at Cherokee: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,439,086 32 b. For the state mental health institute at Independence: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,916,279 34 c. For the civil commitment unit for sexual offenders at 35 -20- LSB 5004HV (3) 90 pf/ko 20/ 63
H.F. 2698 Cherokee: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17,755,397 2 d. For the state resource center at Woodward: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,018,717 4 e. For the state resource center at Glenwood: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,255,132 6 f. For the state training school at Eldora: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,621,517 8 DIVISION IX 9 ADMINISTRATION AND COMPLIANCE —— FY 2024-2025 10 Sec. 20. ACCOUNTABILITY, COMPLIANCE, AND PROGRAM 11 INTEGRITY. There is appropriated from the general fund of the 12 state to the department of health and human services for the 13 fiscal year beginning July 1, 2024, and ending June 30, 2025, 14 the following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For accountability, compliance, and program integrity, 17 including salaries, support, maintenance, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,194,894 20 1. Of the funds appropriated in this section, $200,000 shall 21 be transferred to and deposited in the Iowa ABLE savings plan 22 trust administrative fund created in section 12I.4, to be used 23 for implementation and administration activities of the Iowa 24 ABLE savings plan trust. 25 2. Of the funds appropriated in this section, $2,602,312 26 shall be used for foster care review and the court appointed 27 special advocate program, including for salaries, support, 28 maintenance, and miscellaneous purposes. 29 3. Of the funds appropriated in this section, $1,148,959 30 shall be used for the office of long-term care ombudsman 31 for salaries, support, administration, maintenance, and 32 miscellaneous purposes. 33 4. For the fiscal year beginning July 1, 2024, and ending 34 June 30, 2025, the department of health and human services 35 -21- LSB 5004HV (3) 90 pf/ko 21/ 63
H.F. 2698 may utilize the funds appropriated from the general fund of 1 the state to the department under this Act for up to 4,156.00 2 full-time equivalent positions. The department shall report to 3 the general assembly by December 15, 2024, the distribution of 4 the approved number of full-time equivalent positions across 5 the organizational divisions of the department. 6 DIVISION X 7 ANNUAL DEPARTMENTAL BUDGET REPORT 8 Sec. 21. ANNUAL BUDGET REPORT. The department of health and 9 human services shall include in the annual budget submitted to 10 the council on health and human services pursuant to section 11 217.3 a detailed description of the programs and expenditures 12 by budget unit reflective of the redesigned organizational 13 divisions of the department. 14 DIVISION XI 15 MEDICAL ASSISTANCE HOME AND COMMUNITY-BASED SERVICES WAIVER 16 FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY —— ADDITIONAL 17 WAIVER SLOTS —— FY 2025-2026 18 Sec. 22. MEDICAL ASSISTANCE —— HOME AND COMMUNITY-BASED 19 SERVICES WAIVER FOR INDIVIDUALS WITH AN INTELLECTUAL 20 DISABILITY —— ADDITIONAL WAIVER SLOTS —— APPROPRIATION —— FY 21 2025-2026. There is appropriated from the general fund of 22 the state to the department of health and human services for 23 the fiscal year beginning July 1, 2025, and ending June 30, 24 2026, the following amount, or so much thereof as is necessary, 25 to be used for the medical assistance program to provide for 26 additional home and community-based services waiver slots for 27 individuals with an intellectual disability: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,950,000 29 DIVISION XII 30 DEPARTMENT OF HEALTH AND HUMAN SERVICES TRANSFERS, CASHFLOW, 31 AND NONREVERSIONS 32 Sec. 23. DEPARTMENT OF HEALTH AND HUMAN SERVICES TRANSFERS 33 AND CASHFLOW. 34 1. The department of health and human services may transfer 35 -22- LSB 5004HV (3) 90 pf/ko 22/ 63
H.F. 2698 funds appropriated in this Act to support continuing alignment 1 efforts, to maximize federal support in accordance with the 2 department’s federal costs allocation plan, and for resources 3 necessary to implement and administer the services for which 4 funds are provided. The department shall report any transfers 5 made pursuant to this subsection to the general assembly. 6 2. If the savings to the appropriations made for the 7 Medicaid program from ongoing cost management efforts exceed 8 the associated costs for the fiscal year, the department may 9 transfer any savings generated for the fiscal year due to cost 10 management efforts to the appropriations made in this Act for 11 health program operations or for accountability, compliance, 12 and program integrity to defray the costs associated with 13 implementation of the cost management efforts. 14 3. The department may transfer funds appropriated for 15 child protective services to pay the nonfederal share costs of 16 services reimbursed under the medical assistance program, state 17 child care assistance program, or the family investment program 18 which are provided to children who would otherwise receive 19 services paid under the appropriation for child protective 20 services. 21 4. The department may transfer funds from the temporary 22 assistance for needy families block grant to the federal social 23 services block grant appropriation, and to the child care and 24 development block grant appropriation, in accordance with 25 federal law. 26 Sec. 24. DEPARTMENT OF HEALTH AND HUMAN SERVICES 27 NONREVERSIONS. 28 1. Notwithstanding section 8.33, moneys appropriated from 29 the general fund of the state and the temporary assistance for 30 needy families block grant to the department of health and 31 human services for the fiscal year beginning July 1, 2024, 32 and ending June 30, 2025, for the purposes of the FaDSS grant 33 program that remain unencumbered or unobligated at the close of 34 the fiscal year shall not revert, but shall remain available 35 -23- LSB 5004HV (3) 90 pf/ko 23/ 63
H.F. 2698 for expenditure for the purposes designated until the close of 1 the succeeding fiscal year. 2 2. Notwithstanding section 8.33, of the moneys appropriated 3 from the general fund of the state, the quality assurance trust 4 fund, and the hospital health care access trust fund to the 5 department of health and human services for the fiscal year 6 beginning July 1, 2024, and ending June 30, 2025, for the 7 purposes of the medical assistance program, the amount that is 8 in excess of actual expenditures for the medical assistance 9 program that remains unencumbered or unobligated at the close 10 of the fiscal year shall not revert, but shall remain available 11 for expenditure for the medical assistance program until the 12 close of the succeeding fiscal year. 13 3. Notwithstanding section 8.33, and notwithstanding the 14 nonreversion amount limitation specified in section 222.92, 15 moneys appropriated from the general fund of the state to the 16 department of health and human services for the fiscal year 17 beginning July 1, 2024, and ending June 30, 2025, for the 18 purposes of state specialty care that remain unencumbered or 19 unobligated at the close of the fiscal year shall not revert, 20 but shall remain available for expenditure for the purposes 21 designated for subsequent fiscal years. 22 4. Notwithstanding section 8.33, moneys appropriated from 23 the general fund of the state to the department of health and 24 human services for the fiscal year beginning July 1, 2024, 25 and ending June 30, 2025, for the commission on volunteer 26 service for purposes of the Iowa state commission grant program 27 that remain unencumbered or unobligated at the close of the 28 fiscal year shall not revert, but shall remain available for 29 expenditure for the purposes designated for subsequent fiscal 30 years. 31 5. Notwithstanding section 8.33, moneys appropriated from 32 the general fund of the state to the department of health and 33 human services for the fiscal year beginning July 1, 2024, 34 and ending June 30, 2025, and allocated for rural psychiatric 35 -24- LSB 5004HV (3) 90 pf/ko 24/ 63
H.F. 2698 residencies to annually fund eight psychiatric residents who 1 will provide mental health services to underserved areas of the 2 state that remain unencumbered or unobligated at the close of 3 the fiscal year shall not revert, but shall remain available 4 for expenditure for the purposes designated until the close of 5 the succeeding fiscal year. 6 6. Notwithstanding section 8.33, moneys appropriated from 7 the general fund of the state to the department of health and 8 human services for the fiscal year beginning July 1, 2024, and 9 ending June 30, 2025, and allocated to provide audiological 10 services and hearing aids for children that remain unencumbered 11 or unobligated at the close of the fiscal year shall not 12 revert, but shall remain available for expenditure for the 13 purposes designated until the close of the succeeding fiscal 14 year. 15 7. Notwithstanding section 8.33, moneys appropriated from 16 the general fund of the state to the department of health and 17 human services for the fiscal year beginning July 1, 2024, 18 and ending June 30, 2025, and allocated for adoption subsidy 19 payments and related costs or for post-adoption services 20 and related allowable purposes that remain unencumbered or 21 unobligated at the close of the fiscal year shall not revert, 22 but shall remain available for expenditure for the purposes 23 designated until the close of the succeeding fiscal year. 24 8. Notwithstanding section 8.33, moneys appropriated from 25 the general fund of the state to the department of health and 26 human services for the fiscal year beginning July 1, 2024, 27 and ending June 30, 2025, and allocated to lower the required 28 ratio of supervisors to social workers as specified in this 29 Act, that remain unencumbered or unobligated at the close of 30 the fiscal year shall not revert but shall remain available for 31 expenditure for the purpose designated until the close of the 32 succeeding fiscal year. 33 9. Notwithstanding section 8.33, moneys appropriated from 34 the general fund of the state to the department of health and 35 -25- LSB 5004HV (3) 90 pf/ko 25/ 63
H.F. 2698 human services for the fiscal year beginning July 1, 2024, and 1 ending June 30, 2025, and allocated to increase the foster 2 care reimbursement rates paid pursuant to section 234.38 as 3 specified in this Act, that remain unencumbered or unobligated 4 at the close of the fiscal year shall not revert but shall 5 remain available for expenditure for the purpose designated 6 until the close of the succeeding fiscal year. 7 DIVISION XIII 8 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 9 PROVISIONS —— FY 2022-2023 10 RURAL PSYCHIATRIC RESIDENCIES 11 Sec. 25. 2022 Iowa Acts, chapter 1131, section 3, subsection 12 4, paragraph j, is amended to read as follows: 13 j. Of the funds appropriated in this subsection, $800,000 14 shall be used for rural psychiatric residencies to support the 15 annual creation and training of six eight psychiatric residents 16 who will provide mental health services in underserved areas of 17 the state. Notwithstanding section 8.33 , moneys that remain 18 unencumbered or unobligated at the close of the fiscal year 19 shall not revert but shall remain available for expenditure for 20 the purposes designated for subsequent fiscal years. 21 FAMILY INVESTMENT PROGRAM 22 Sec. 26. 2022 Iowa Acts, chapter 1131, section 9, subsection 23 7, as enacted by 2023 Iowa Acts, chapter 112, section 41, is 24 amended to read as follows: 25 7. Notwithstanding section 8.33 , moneys appropriated in 26 this section that remain unencumbered or unobligated at the 27 close of the fiscal year shall not revert but shall remain 28 available for the purposes designated , or may be transferred to 29 other appropriations in this division of this Act or used as 30 necessary to enhance agency accountability, program integrity, 31 compliance, and efficiency, until the close of the succeeding 32 fiscal year. 33 Sec. 27. EFFECTIVE DATE. This division of this Act, being 34 deemed of immediate importance, takes effect upon enactment. 35 -26- LSB 5004HV (3) 90 pf/ko 26/ 63
H.F. 2698 Sec. 28. RETROACTIVE APPLICABILITY. This division of this 1 Act applies retroactively to July 1, 2022. 2 DIVISION XIV 3 HEALTH AND HUMAN SERVICES —— PRIOR APPROPRIATIONS AND OTHER 4 PROVISIONS —— FY 2023-2024 5 OFFICE OF PUBLIC GUARDIAN 6 Sec. 29. 2023 Iowa Acts, chapter 112, section 3, is amended 7 by adding the following new subsection: 8 NEW SUBSECTION . 7. Notwithstanding section 8.33, 9 moneys appropriated in this section for the state office of 10 public guardian established under chapter 231E that remain 11 unencumbered or unobligated at the close of the fiscal year 12 shall not revert but shall remain available for the purposes 13 designated until the close of the succeeding fiscal year. 14 AUDIOLOGICAL SERVICES 15 Sec. 30. 2023 Iowa Acts, chapter 112, section 5, subsection 16 2, paragraph e, is amended to read as follows: 17 e. Of the funds appropriated in this subsection, $156,000 18 shall be used to provide audiological services and hearing aids 19 for children. Notwithstanding section 8.33, moneys allocated 20 in this paragraph that remain unencumbered or unobligated at 21 the close of the fiscal year shall not revert but shall remain 22 available for the purposes designated until the close of the 23 succeeding fiscal year. 24 RURAL PSYCHIATRIC RESIDENCIES 25 Sec. 31. 2023 Iowa Acts, chapter 112, section 5, subsection 26 4, paragraph j, is amended to read as follows: 27 j. Of the funds appropriated in this subsection, $800,000 28 shall be used for rural psychiatric residencies to annually 29 fund six eight psychiatric residents who will provide 30 mental health services in underserved areas of the state. 31 Notwithstanding section 8.33 , moneys that remain unencumbered 32 or unobligated at the close of the fiscal year shall not revert 33 but shall remain available for expenditure for the purposes 34 designated for subsequent fiscal years. 35 -27- LSB 5004HV (3) 90 pf/ko 27/ 63
H.F. 2698 FAMILY INVESTMENT PROGRAM 1 Sec. 32. 2023 Iowa Acts, chapter 112, section 9, is amended 2 by adding the following new subsection: 3 NEW SUBSECTION . 7. Notwithstanding section 8.33, moneys 4 appropriated in this section that remain unencumbered or 5 unobligated at the close of the fiscal year shall not revert 6 but shall remain available for the purposes designated, or may 7 be transferred to other appropriations in this division of this 8 Act or used as necessary to enhance agency accountability, 9 program integrity, compliance, and efficiency, until the close 10 of the succeeding fiscal year. 11 CHILD CARE ASSISTANCE 12 Sec. 33. 2023 Iowa Acts, chapter 112, section 17, subsection 13 8, is amended to read as follows: 14 8. Notwithstanding section 8.33 , moneys advanced for 15 purposes of the programs developed by early childhood Iowa 16 areas, advanced for purposes of wraparound child care, or 17 received from the federal appropriations made for the purposes 18 of appropriated in this section that remain unencumbered or 19 unobligated at the close of the fiscal year shall not revert 20 to any fund but shall remain available for expenditure for the 21 purposes designated until the close of the succeeding fiscal 22 year. 23 CHILD AND FAMILY SERVICES 24 Sec. 34. 2023 Iowa Acts, chapter 112, section 19, is amended 25 by adding the following new subsection: 26 NEW SUBSECTION . 23. Notwithstanding section 8.33, moneys 27 appropriated in this section that remain unencumbered or 28 unobligated at the close of the fiscal year shall not revert 29 but shall remain available for the purposes designated until 30 the close of the succeeding fiscal year. 31 FIELD OPERATIONS 32 Sec. 35. 2023 Iowa Acts, chapter 112, section 26, is amended 33 by adding the following new subsection: 34 NEW SUBSECTION . 4. Notwithstanding section 8.33, moneys 35 -28- LSB 5004HV (3) 90 pf/ko 28/ 63
H.F. 2698 appropriated in this section that remain unencumbered or 1 unobligated at the close of the fiscal year shall not revert 2 but shall remain available for the purposes designated until 3 the close of the succeeding fiscal year. 4 GENERAL ADMINISTRATION —— MORE OPTIONS FOR MATERNAL SUPPORT 5 PROGRAM 6 Sec. 36. 2023 Iowa Acts, chapter 112, section 27, subsection 7 8, is amended to read as follows: 8 8. Of the funds appropriated under this section, $1,000,000 9 shall be used for the purposes of program administration and 10 provision of pregnancy support services through the more 11 options for maternal support program in accordance with section 12 217.41C . Notwithstanding section 8.33, moneys allocated in 13 this subsection that remain unencumbered or unobligated at the 14 close of the fiscal year shall not revert but shall remain 15 available for the purposes designated until the close of the 16 succeeding fiscal year. 17 LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM ADMINISTRATIVE 18 ALLOCATION —— FEDERAL BLOCK GRANT 19 Sec. 37. 2023 Iowa Acts, chapter 161, section 10, subsection 20 3, is amended to read as follows: 21 3. After subtracting the allocation in subsection 2, up to 22 10 no less than 8.4 percent of the remaining moneys for each 23 federal fiscal year are allocated for administrative expenses 24 of low-income home energy assistance program contractors and 25 up to 1.6 percent of the remaining moneys for each fiscal year 26 are allocated for the administrative expenses of the department 27 of health and human services under the low-income home energy 28 assistance program of which $377,000 is allocated each federal 29 fiscal year for administrative expenses of the department of 30 health and human services . The costs of auditing the use and 31 administration of the portion of the appropriation in this 32 section that is retained by the state shall be paid from the 33 amount allocated in this subsection each federal fiscal year to 34 the department of health and human services. The auditor of 35 -29- LSB 5004HV (3) 90 pf/ko 29/ 63
H.F. 2698 state shall bill the department of health and human services 1 for the audit costs. 2 Sec. 38. EFFECTIVE DATE. This division of this Act, being 3 deemed of immediate importance, takes effect upon enactment. 4 Sec. 39. RETROACTIVE APPLICABILITY. This division of this 5 Act applies retroactively to July 1, 2023. 6 DIVISION XV 7 REPORT ON NONREVERSION OF FUNDS 8 Sec. 40. REPORT ON NONREVERSION OF FUNDS. The department 9 of health and human services shall report the expenditure of 10 any moneys for which nonreversion authorization was provided 11 for the fiscal year beginning July 1, 2023, and ending June 30, 12 2024, to the general assembly on a quarterly basis beginning 13 October 1, 2024. 14 DIVISION XVI 15 EMERGENCY RULES AND REPORTS 16 Sec. 41. EMERGENCY RULES. 17 1. If necessary to comply with federal requirements 18 including time frames, or if specifically authorized by a 19 provision of this Act, the department of health and human 20 services or the mental health and disability services 21 commission shall adopt administrative rules under section 22 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 23 “b”, to implement the applicable provisions of this Act. The 24 rules shall be effective immediately upon filing unless a 25 later date is specified in the rules. Any rules adopted in 26 accordance with this section shall also be published as a 27 notice of intended action as provided in section 17A.4. 28 2. If during a fiscal year, the department of health and 29 human services is adopting rules in accordance with this 30 section or as otherwise directed or authorized by state 31 law, and the rules will result in an expenditure increase 32 beyond the amount anticipated in the budget process or if the 33 expenditure was not addressed in the budget process for the 34 fiscal year, the department shall notify the general assembly 35 -30- LSB 5004HV (3) 90 pf/ko 30/ 63
H.F. 2698 and the department of management concerning the rules and the 1 expenditure increase. The notification shall be provided at 2 least thirty calendar days prior to the date notice of the 3 rules is submitted to the administrative rules coordinator and 4 the administrative code editor. 5 Sec. 42. REPORTS. Unless otherwise provided, any reports or 6 other information required to be compiled and submitted under 7 this Act during the fiscal year beginning July 1, 2024, shall 8 be submitted on or before the date specified for submission of 9 the reports or information. 10 DIVISION XVII 11 CODIFIED PROVISIONS 12 SUBSTANCE USE DISORDER —— BEER AND LIQUOR CONTROL FUND 13 Sec. 43. Section 123.17, subsection 5, Code 2024, is amended 14 to read as follows: 15 5. After any transfer provided for in subsection 3 is 16 made, the department shall transfer into a special revenue 17 account in the general fund of the state, a sum of money at 18 least equal to seven percent of the gross amount of sales made 19 by the department from the beer and liquor control fund on a 20 monthly basis but not less than nine million dollars annually. 21 Of the amounts transferred, two million dollars , plus an 22 additional amount determined by the general assembly, shall be 23 appropriated to the department of health and human services for 24 use by the staff who administer the comprehensive substance use 25 disorder program under chapter 125 for substance use disorder 26 treatment and prevention programs. Any amounts received in 27 excess of the amounts appropriated to the department of health 28 and human services for use by the staff who administer the 29 comprehensive substance use disorder program under chapter 125 30 shall be considered part of the general fund balance. 31 TOBACCO USE PREVENTION AND CONTROL 32 Sec. 44. Section 142A.5, Code 2024, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 9. Collaborate with the department of 35 -31- LSB 5004HV (3) 90 pf/ko 31/ 63
H.F. 2698 revenue for enforcement of tobacco laws, regulations, and 1 ordinances and to engage in tobacco control activities approved 2 by the departments. 3 AREA AGENCIES ON AGING 4 Sec. 45. NEW SECTION . 231.35 Procedures related to 5 expenditure of state and federal funds. 6 1. The department shall establish and enforce procedures 7 relating to expenditure of state and federal funds by area 8 agencies on aging that require compliance with both state and 9 federal laws, rules, and regulations, including but not limited 10 to all of the following: 11 a. Requiring that expenditures are incurred only for goods 12 or services received or performed prior to the end of the 13 fiscal period designated for use of the funds. 14 b. Prohibiting prepayment for goods or services not received 15 or performed prior to the end of the fiscal period designated 16 for use of the funds. 17 c. Prohibiting prepayment for goods or services not defined 18 specifically by good or service, time period, or recipient. 19 d. Prohibiting the establishment of accounts from which 20 future goods or services which are not defined specifically by 21 good or service, time period, or recipient, may be purchased. 22 2. The procedures shall provide that if any funds are 23 expended in a manner that is not in compliance with the 24 procedures and applicable federal and state laws, rules, and 25 regulations, and are subsequently subject to repayment, the 26 area agency on aging expending such funds in contravention of 27 such procedures, laws, rules and regulations, not the state, 28 shall be liable for such repayment. 29 PERSONAL NEEDS ALLOWANCE FOR FACILITIES UNDER MEDICAID 30 Sec. 46. Section 249A.30A, Code 2024, is amended to read as 31 follows: 32 249A.30A Medical assistance —— personal needs allowance. 33 1. The personal needs allowance under the medical 34 assistance program, which may be retained by a person who is a 35 -32- LSB 5004HV (3) 90 pf/ko 32/ 63
H.F. 2698 resident of a nursing facility, an intermediate care facility 1 for persons with an intellectual disability, or an intermediate 2 care facility for persons with mental illness, as defined in 3 section 135C.1 , or a person who is a resident of a psychiatric 4 medical institution for children as defined in section 135H.1 , 5 shall be fifty dollars per month. 6 2. A resident who has income of less than fifty dollars 7 per month shall receive a supplement from the state in the 8 amount necessary to receive a personal needs allowance of fifty 9 dollars per month , if funding is specifically appropriated for 10 this purpose . The general assembly shall annually appropriate 11 a sufficient amount from the general fund of the state to the 12 department of health and human services for this purpose. 13 REPLACEMENT GENERATION TAX REVENUES 14 Sec. 47. Section 437A.8, subsection 4, paragraph d, Code 15 2024, is amended to read as follows: 16 d. Notwithstanding paragraph “a” , a taxpayer who owns 17 or leases a new electric power generating plant and who has 18 no other operating property in the state of Iowa except for 19 operating property directly serving the new electric power 20 generating plant as described in section 437A.16 shall pay 21 the replacement generation tax associated with the allocation 22 of the local amount to the county treasurer of the county in 23 which the local amount is located and shall remit the remaining 24 replacement generation tax, if any, to the director according 25 to paragraph “a” for remittance of the tax to county treasurers. 26 The director shall notify each taxpayer on or before August 31 27 following a tax year of its remaining replacement generation 28 tax to be remitted to the director. All remaining replacement 29 generation tax revenues received by the director shall be 30 deposited in the property tax relief fund created in section 31 426B.1 , and shall be distributed as provided in section 426B.2 32 appropriated annually to the department of health and human 33 services to supplement any appropriation made for medical 34 assistance . 35 -33- LSB 5004HV (3) 90 pf/ko 33/ 63
H.F. 2698 If a taxpayer has paid an amount of replacement tax, 1 penalty, or interest which was deposited into the property 2 tax relief fund appropriated to the department of health and 3 human services under this paragraph and which was not due, all 4 of the provisions of section 437A.14, subsection 1 , paragraph 5 “b” , shall apply with regard to any claim for refund or credit 6 filed by the taxpayer. The director shall have sole discretion 7 as to whether the erroneous payment will be refunded to the 8 taxpayer or credited against any replacement tax due, or to 9 become due, from the taxpayer that would be subject to deposit 10 in the property tax relief fund appropriated to the department 11 of health and human services under this paragraph . 12 Sec. 48. Section 437A.15, subsection 3, paragraph f, Code 13 2024, is amended to read as follows: 14 f. Notwithstanding the provisions of this section , if 15 a taxpayer is a municipal utility or a municipal owner of 16 an electric power facility financed under the provisions 17 of chapter 28F or 476A , the assessed value, other than the 18 local amount, of a new electric power generating plant shall 19 be allocated to each taxing district in which the municipal 20 utility or municipal owner is serving customers and has 21 electric meters in operation in the ratio that the number of 22 operating electric meters of the municipal utility or municipal 23 owner located in the taxing district bears to the total number 24 of operating electric meters of the municipal utility or 25 municipal owner in the state as of January 1 of the tax year. 26 If the municipal utility or municipal owner of an electric 27 power facility financed under the provisions of chapter 28F 28 or 476A has a new electric power generating plant but the 29 municipal utility or municipal owner has no operating electric 30 meters in this state, the municipal utility or municipal owner 31 shall pay the replacement generation tax associated with the 32 new electric power generating plant allocation of the local 33 amount to the county treasurer of the county in which the local 34 amount is located and shall remit the remaining replacement 35 -34- LSB 5004HV (3) 90 pf/ko 34/ 63
H.F. 2698 generation tax, if any, to the director at the times contained 1 in section 437A.8, subsection 4 , for remittance of the tax to 2 the county treasurers. All remaining replacement generation 3 tax revenues received by the director shall be deposited in 4 the property tax relief fund created in section 426B.1 , and 5 shall be distributed as provided in section 426B.2 appropriated 6 annually to the department of health and human services to 7 supplement any appropriation made for medical assistance . 8 PERSONAL NEEDS ALLOWANCE FOR STATE SUPPLEMENTARY ASSISTANCE 9 Sec. 49. NEW SECTION . 249.9A Personal needs allowance. 10 1. The department shall increase the personal needs 11 allowance for residents of residential care facilities by the 12 same percentage and at the same time as federal supplemental 13 security income and federal social security benefits are 14 increased due to a recognized increase in the cost of living. 15 2. If during a fiscal year, the department projects that 16 state supplementary assistance expenditures for a calendar year 17 will not meet the federal pass-through requirement specified 18 in Tit. XVI of the federal Social Security Act, section 1618, 19 as codified in 42 U.S.C. §1382g, the department may take 20 actions including but not limited to increasing the personal 21 needs allowance for residential care facility residents 22 and making programmatic adjustments or upward adjustments 23 of the residential care facility or in-home health-related 24 care reimbursement rates to ensure compliance with federal 25 requirements. In addition, the department may make other 26 programmatic and rate adjustments necessary to remain within 27 the funds appropriated for a fiscal year while ensuring 28 compliance with federal requirements. 29 3. The department may adopt emergency rules under section 30 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 31 “b” , to implement the provisions of this section and the rules 32 shall be effective immediately upon filing unless a later date 33 is specified in the rules. Any rules adopted in accordance 34 with this section shall also be published as a notice of 35 -35- LSB 5004HV (3) 90 pf/ko 35/ 63
H.F. 2698 intended action as provided in section 17A.4. 1 MEDICAID FRAUD FUND AND HEALTH CARE TRUST FUND 2 Sec. 50. Section 249A.50, subsection 3, Code 2024, is 3 amended to read as follows: 4 3. a. A Medicaid fraud fund is created in the state 5 treasury under the authority of the department of inspections, 6 appeals, and licensing. Moneys from penalties, investigative 7 costs recouped by the Medicaid fraud control unit, and other 8 amounts received as a result of prosecutions involving 9 the department of inspections, appeals, and licensing 10 investigations and audits to ensure compliance with the medical 11 assistance program that are not credited to the program shall 12 be credited to the fund. 13 b. Notwithstanding section 8.33 , moneys credited to the 14 fund from any other account or fund shall not revert to the 15 other account or fund. Moneys in the fund shall only be used as 16 provided in appropriations from the fund and shall be used in 17 accordance with applicable laws, regulations, and the policies 18 of the office of inspector general of the United States 19 department of health and human services. 20 c. Any funds remaining in the Medicaid fraud fund at the 21 close of a fiscal year are appropriated to the department of 22 health and human services to supplement any medical assistance 23 program appropriation for the same fiscal year to be used 24 for medical assistance reimbursement and associated costs, 25 including program administration and costs associated with 26 program implementation. 27 c. d. For the purposes of this subsection , “investigative 28 costs” means the reasonable value of a Medicaid fraud control 29 unit investigator’s, auditor’s or employee’s time, any moneys 30 expended by the Medicaid fraud control unit, and the reasonable 31 fair market value of resources used or expended by the Medicaid 32 fraud control unit in a case resulting in a criminal conviction 33 of a provider under this chapter or chapter 714 or 715A . 34 Sec. 51. Section 453A.35A, Code 2024, is amended to read as 35 -36- LSB 5004HV (3) 90 pf/ko 36/ 63
H.F. 2698 follows: 1 453A.35A Health care trust fund —— appropriation to Medicaid 2 program . 3 1. A health care trust fund is created in the office of 4 the treasurer of state. The fund consists of the revenues 5 generated from the tax on cigarettes pursuant to section 6 453A.6, subsection 1 , and from the tax on tobacco products 7 as specified in section 453A.43, subsections 1, 2, 3, and 4 , 8 that are credited to the health care trust fund, annually, 9 pursuant to section 453A.35 . Moneys in the fund shall be 10 separate from the general fund of the state and shall not be 11 considered part of the general fund of the state. However, the 12 fund shall be considered a special account for the purposes 13 of section 8.53 relating to generally accepted accounting 14 principles. Moneys in the fund shall be used only as specified 15 in this section and shall be appropriated only for the uses 16 specified. Moneys in the fund are not subject to section 8.33 17 and shall not be transferred, used, obligated, appropriated, 18 or otherwise encumbered, except as provided in this section . 19 Notwithstanding section 12C.7, subsection 2 , interest or 20 earnings on moneys deposited in the fund shall be credited to 21 the fund. 22 2. Moneys in the fund shall be used only for purposes 23 related to health care, substance use disorder treatment and 24 prevention, and tobacco use prevention, cessation, and control. 25 3. Any funds remaining in the health care trust fund at the 26 close of a fiscal year are appropriated to the department of 27 health and human services to supplement any medical assistance 28 program appropriation for the same fiscal year to be used 29 for medical assistance reimbursement and associated costs, 30 including program administration and costs associated with 31 program implementation. 32 MENTAL HEALTH INSTITUTES —— RETAINING OF REVENUE 33 Sec. 52. NEW SECTION . 218.97 Retaining of revenue by mental 34 health institutes. 35 -37- LSB 5004HV (3) 90 pf/ko 37/ 63
H.F. 2698 Notwithstanding sections 218.78 and 249A.11, any revenue 1 received from the state mental health institute at Cherokee or 2 the state mental health institute at Independence pursuant to 3 42 C.F.R. §438.6(e) may be retained and expended by the mental 4 health institute. 5 RESIDENTS OF MENTAL HEALTH INSTITUTES —— RETAINING MEDICAID 6 ELIGIBILITY 7 Sec. 53. NEW SECTION . 249A.38A Residents of mental health 8 institutes —— retaining of Medicaid eligibility. 9 Notwithstanding any provision of law to the contrary, 10 a Medicaid recipient residing at the state mental health 11 institute at Cherokee or the state mental health institute 12 at Independence shall retain Medicaid eligibility during the 13 period of the Medicaid recipient’s stay for which federal 14 financial participation is available. 15 STATE RESOURCE CENTERS —— SCOPE OF SERVICES 16 Sec. 54. NEW SECTION . 218.97A State resource centers —— 17 scope of services approach —— time-limited assessment and respite 18 services. 19 1. The department may continue to bill for state resource 20 center services utilizing a scope of services approach used for 21 private providers of intermediate care facilities for persons 22 with an intellectual disability services, in a manner which 23 does not shift costs between the medical assistance program, 24 mental health and disability services regions, or other sources 25 of funding for the state resource centers. 26 2. The state resource centers may expand the time-limited 27 assessment and respite services during a fiscal year. 28 JUVENILE DETENTION HOME FUND —— APPROPRIATION 29 Sec. 55. Section 232.142, Code 2024, is amended to read as 30 follows: 31 232.142 Maintenance and cost of juvenile homes —— fund —— 32 appropriation of moneys in fund . 33 1. County boards of supervisors which singly or in 34 conjunction with one or more other counties provide and 35 -38- LSB 5004HV (3) 90 pf/ko 38/ 63
H.F. 2698 maintain juvenile detention and juvenile shelter care homes are 1 subject to this section . 2 2. For the purpose of providing and maintaining a county 3 or multicounty home, the board of supervisors of any county 4 may issue general county purpose bonds in accordance with 5 sections 331.441 through 331.449 . Expenses for providing and 6 maintaining a multicounty home shall be paid by the counties 7 participating in a manner to be determined by the boards of 8 supervisors. 9 3. A county or multicounty juvenile detention home approved 10 pursuant to this section shall receive financial aid from the 11 state in a manner approved by the director. Aid paid by the 12 state shall be at least ten percent and not more than fifty 13 percent of the total cost of the establishment, improvements, 14 operation, and maintenance of the home. 15 4. The director shall adopt minimal rules and standards for 16 the establishment, maintenance, and operation of such homes as 17 shall be necessary to effect the purposes of this chapter . The 18 rules shall apply the requirements of section 237.8 , concerning 19 employment and evaluation of persons with direct responsibility 20 for a child or with access to a child when the child is 21 alone and persons residing in a child foster care facility, 22 to persons employed by, residing in, or volunteering for a 23 home approved under this section . The director shall, upon 24 request, give guidance and consultation in the establishment 25 and administration of the homes and programs for the homes. 26 5. The director shall approve annually all such homes 27 established and maintained under the provisions of this 28 chapter . A home shall not be approved unless it complies with 29 minimal rules and standards adopted by the director and has 30 been inspected by the department of inspections, appeals, and 31 licensing. The statewide number of beds in the homes approved 32 by the director shall not exceed two hundred seventy-two beds 33 beginning July 1, 2017. 34 6. a. A juvenile detention home fund is created in the 35 -39- LSB 5004HV (3) 90 pf/ko 39/ 63
H.F. 2698 state treasury under the authority of the department. The 1 fund shall consist of moneys deposited in the fund pursuant to 2 section 602.8108 . The moneys in the fund shall be used for 3 the costs of the establishment, improvement, operation, and 4 maintenance of county or multicounty juvenile detention homes 5 in accordance with annual appropriations made by the general 6 assembly from the fund for these purposes this subsection . 7 b. (1) Moneys deposited in the juvenile detention home 8 fund during a fiscal year are appropriated to the department 9 for the same fiscal year for distribution of an amount equal to 10 a percentage of the costs of the establishment, improvement, 11 operation, and maintenance of county or multicounty juvenile 12 detention homes in the prior fiscal year. Such percentage 13 shall be determined by the department based on the amount 14 available for distribution from the fund. 15 (2) Moneys appropriated for distribution in accordance with 16 this subsection shall be allocated among eligible detention 17 homes, prorated on the basis of an eligible detention home’s 18 proportion of the costs of all eligible detention homes in the 19 prior fiscal year. 20 FAMILY INVESTMENT PROGRAM ACCOUNT ELIMINATION 21 Sec. 56. Section 239B.11, Code 2024, is amended to read as 22 follows: 23 239B.11 Family investment program account —— diversion 24 program subaccount —— diversion program. 25 1. An account is established in the state treasury to 26 be known as the family investment program account under 27 control of the department to which shall be credited all funds 28 appropriated by the state for the payment of assistance and 29 JOBS program expenditures. All other moneys received at any 30 time for these purposes, including child support revenues, 31 shall be deposited into the account as provided by law. All 32 assistance and JOBS program expenditures under this chapter 33 shall be paid from the account. 34 2. a. A diversion program subaccount is created within 35 -40- LSB 5004HV (3) 90 pf/ko 40/ 63
H.F. 2698 the family investment program account. The subaccount may be 1 used to provide incentives to divert a family’s participation 2 in the family investment program if the family meets the 3 department’s income eligibility requirements for the diversion 4 program. Incentives may be provided in the form of payment or 5 services to help a family to obtain or retain employment. The 6 diversion program subaccount may also be used for payments to 7 participants as necessary to cover the expenses of removing 8 barriers to employment and to assist in stabilizing employment. 9 In addition, the diversion program subaccount may be used for 10 funding of services and payments for persons whose family 11 investment program eligibility has ended, in order to help the 12 persons to stabilize or improve their employment status. 13 b. The A diversion program is created under the family 14 investment program. The program shall provide incentives 15 to divert a family’s participation in or transition of 16 a family from the family investment program by helping a 17 participant obtain or retain employment, by removing barriers 18 to employment, by stabilizing a participant’s employment, or 19 by improving a participant’s employment status. The program 20 shall be implemented statewide in a manner that preserves local 21 flexibility in program design. The department shall assess and 22 screen individuals who would most likely benefit from diversion 23 program assistance. The department may shall adopt income 24 eligibility requirements and additional eligibility criteria 25 for the diversion program as necessary for compliance with 26 federal law and for screening those families who would be most 27 likely to become eligible for the family investment program if 28 diversion program incentives would were not be provided to the 29 families . 30 Sec. 57. Section 239B.14, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. An individual who commits a fraudulent practice under 33 this section is personally liable for the amount of assistance 34 or other benefits fraudulently obtained. The amount of the 35 -41- LSB 5004HV (3) 90 pf/ko 41/ 63
H.F. 2698 assistance or other benefits may be recovered from the offender 1 or the offender’s estate in an action brought or by claim 2 filed in the name of the state and the recovered funds shall 3 be deposited in the family investment program account credited 4 to the appropriation to the department for community access 5 and eligibility to be used for the purposes of the family 6 investment program . The action or claim filed in the name of 7 the state shall not be considered an election of remedies to 8 the exclusion of other remedies. 9 Sec. 58. Section 252B.27, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. The director, within the limitations of the amount 12 appropriated for child support services, or moneys transferred 13 for this purpose from the family investment program account 14 created in section 239B.11 appropriation to the department for 15 community access and eligibility , may establish new positions 16 and add employees to child support services if the director 17 determines that both the current and additional employees 18 together can reasonably be expected to maintain or increase net 19 state revenue at or beyond the budgeted level for the fiscal 20 year. 21 Sec. 59. TRANSITION PROVISION. All unencumbered and 22 unobligated moneys remaining on June 30, 2024, in the family 23 investment program account created in section 239B.11, are 24 appropriated to the department of health and human services for 25 community access and eligibility. 26 CHILD SUPPORT COLLECTION SERVICES CENTER REFUND ACCOUNT 27 Sec. 60. Section 252B.13A, Code 2024, is amended by adding 28 the following new subsection: 29 NEW SUBSECTION . 3. Support payments received by the 30 collection services center shall be deposited in the collection 31 services center refund account. The account shall be separate 32 from the general fund of the state and shall not be considered 33 part of the general fund of the state. The moneys deposited 34 in the account are not subject to section 8.33 and shall not 35 -42- LSB 5004HV (3) 90 pf/ko 42/ 63
H.F. 2698 be transferred, used, obligated, appropriated, or otherwise 1 encumbered except as provided for the purposes of this chapter. 2 Notwithstanding section 12C.7, subsection 2, interest or 3 earnings on moneys deposited in the account shall be credited 4 to the account. 5 QUALITY ASSURANCE ASSESSMENT —— PAYMENT PERIOD BASIS 6 Sec. 61. Section 249L.3, subsection 2, Code 2024, is amended 7 to read as follows: 8 2. The quality assurance assessment shall be paid by each 9 nursing facility to the department on a quarterly monthly basis 10 after the nursing facility’s medical assistance payment rates 11 are adjusted to include funds appropriated from the quality 12 assurance trust fund for that purpose. The department shall 13 prepare and distribute a form upon which nursing facilities 14 shall calculate and report the quality assurance assessment. 15 A nursing facility shall submit the completed form with the 16 assessment amount no later than thirty days following the end 17 of each calendar quarter month . 18 SUPPORTED COMMUNITY LIVING SERVICES 19 Sec. 62. Section 225C.21, subsection 1, Code 2024, is 20 amended to read as follows: 21 1. As used in this section , “supported community living 22 services” means services provided in a noninstitutional 23 setting to adult persons sixteen years of age and older with 24 mental illness, an intellectual disability, brain injury, or 25 developmental disabilities to meet the persons’ daily living 26 needs. 27 CENTERS OF EXCELLENCE GRANT PROGRAM 28 Sec. 63. NEW SECTION . 135.194 Centers of excellence grant 29 program. 30 1. The department shall administer a centers of excellence 31 grant program to encourage innovation and collaboration among 32 regional health care providers in rural areas, based upon the 33 results of a regional community needs assessment, in order 34 to transform health care delivery that provides quality, 35 -43- LSB 5004HV (3) 90 pf/ko 43/ 63
H.F. 2698 sustainable care in meeting the needs of the local community. 1 2. An applicant for a grant shall specify how the grant will 2 be expended to accomplish the goals of the program and shall 3 provide a detailed five-year sustainability plan prior to being 4 awarded the grant. 5 3. Following receipt of a grant, a recipient shall submit 6 periodic reports as specified by the department to the governor 7 and the general assembly regarding the recipient’s expenditure 8 of the grant and progress in accomplishing the program’s goals. 9 REGIONAL AUTISM ASSISTANCE PROGRAM 10 Sec. 64. Section 256.35, Code 2024, is amended to read as 11 follows: 12 256.35 Regional autism assistance program. 13 The department shall establish a regional autism assistance 14 program, to be administered by the child health specialty 15 clinics of the university of Iowa hospitals and clinics. The 16 program shall be designed to coordinate collaborate with the 17 autism support program created in chapter 225D to enhance 18 interagency collaboration in coordinating educational, medical, 19 and other human services for persons with autism, their 20 parents, and providers of services to persons with autism. The 21 function functions of the program shall include but is are 22 not limited to regionalized and integrated care delivery and 23 coordination, family navigation, the coordination of diagnostic 24 and assessment services, the maintaining of a research base, 25 coordination of in-service training, providing provision of 26 technical assistance, and providing provision of consultation. 27 LODGING EXPENSES UNIVERSITY OF IOWA HOSPITALS AND CLINICS —— 28 CANCER PATIENTS 29 Sec. 65. NEW SECTION . 217.41D Lodging for cancer patients 30 —— university of Iowa hospitals and clinics. 31 The department shall use funding appropriated to the 32 department for lodging expenses associated with care provided 33 at the university of Iowa hospitals and clinics for patients 34 with cancer in accordance with this section. The funding shall 35 -44- LSB 5004HV (3) 90 pf/ko 44/ 63
H.F. 2698 be used for patients whose travel distance is thirty miles 1 or more and whose income is at or below two hundred percent 2 of the federal poverty level as defined by the most recently 3 revised poverty income guidelines published by the United 4 States department of health and human services. The department 5 shall establish the maximum number of overnight stays and the 6 maximum rate reimbursed for overnight lodging, which may be 7 based on the state employee rate established by the department 8 of administrative services. 9 ASSISTED LIVING PROGRAM —— REVISED PAYMENT MODEL STUDY 10 Sec. 66. ASSISTED LIVING PROGRAM —— REVISED PAYMENT 11 MODEL STUDY. The department of health and human services, 12 in consultation with Medicaid provider associations and 13 stakeholders, shall explore options for a revised payment model 14 for reimbursement of assisted living programs that provide 15 services to Medicaid recipients. The study shall include 16 consideration of all sources of funding utilized by residents 17 of assisted living programs. The department of health and 18 human services shall report all options identified to the 19 general assembly by December 1, 2024. 20 COUNTY COMMISSIONS OF VETERAN AFFAIRS —— APPROPRIATION 21 Sec. 67. Section 35A.16, subsection 1, paragraph b, Code 22 2024, is amended to read as follows: 23 b. There is appropriated from the general fund of the state 24 to the department, for the fiscal year beginning July 1, 2009, 25 and for each subsequent fiscal year, the sum of one million 26 nine hundred ninety thousand dollars to be credited to the 27 county commissions of veteran affairs fund. 28 DIVISION XVIII 29 HEALTH CARE EMPLOYMENT AGENCIES AND HEALTH CARE TECHNOLOGY 30 PLATFORMS 31 Sec. 68. Section 135Q.1, Code 2024, is amended to read as 32 follows: 33 135Q.1 Definitions. 34 As used in this chapter , unless the context otherwise 35 -45- LSB 5004HV (3) 90 pf/ko 45/ 63
H.F. 2698 requires: 1 1. “Affiliate” means an entity that directly or indirectly 2 is controlled with or by, or is under the common control with, 3 a health care entity. For the purposes of this subsection, 4 “control” means the same as defined in section 423.3, subsection 5 92, paragraph “e” . 6 1. 2. “Department” means the department of inspections, 7 appeals, and licensing. 8 2. 3. a. “Health care employment agency” or “agency” 9 means an agency that contracts with a health care entity 10 in this state to provide agency workers for temporary or 11 temporary-to-hire employee placements. 12 b. “Health care employment agency” does not include a health 13 care entity or an affiliate of a health care entity when acting 14 as a health care employment agency for the sole purpose of 15 providing agency workers to the health care entity itself or to 16 an affiliate of the health care entity. 17 3. 4. “Health care employment agency worker” or “agency 18 worker” means an individual who contracts with or is employed by 19 a health care employment agency to provide nursing services to 20 health care entity consumers. 21 4. 5. “Health care entity” means a facility, agency, or 22 program licensed or certified by the department or by the 23 centers for Medicare and Medicaid services of the United States 24 department of health and human services. 25 6. “Health care technology platform” or “platform” includes 26 an individual, a trust, a partnership, a corporation, a limited 27 liability partnership or company, or any other business entity 28 that develops and operates, offers, or maintains a system or 29 technology that provides an internet-based or application-based 30 marketplace through which an independent nursing services 31 professional bids on open shifts posted by a health care entity 32 to provide nursing services for the health care entity. 33 7. “Independent nursing services professional” means a person 34 engaged as an independent contractor through a health care 35 -46- LSB 5004HV (3) 90 pf/ko 46/ 63
H.F. 2698 technology platform to provide nursing services for a health 1 care entity. An independent nursing services professional 2 shall be considered an independent contractor provided the 3 independent nursing services professional in the independent 4 nursing services professional’s sole discretion bids on open 5 shifts and chooses where, when, and how often to work. 6 8. “Individual agency worker category” includes registered 7 nurses, licensed practical nurses, certified nurse aides, 8 certified medication aides, home health aides, medication 9 managers, and noncertified or nonlicensed staff providing 10 personal care as defined in section 231C.2 who are health care 11 employment agency workers. 12 5. 9. “Managing entity” means a business entity, 13 owner, ownership group, chief executive officer, program 14 administrator, director, or other decision maker whose 15 responsibilities include directing the management or policies 16 of a health care employment agency or a health care technology 17 platform . “Managing entity” includes an individual who, 18 directly or indirectly, holds a beneficial interest in a 19 corporation, partnership, or other business entity that 20 constitutes a managing entity. 21 6. 10. “Nursing services” means those services which may be 22 provided only by or under the supervision of a nurse. “Nursing 23 services” includes services performed by a registered nurse, a 24 licensed practical nurse, a certified nurse aide, a certified 25 medication aide, a home health aide, a medication manager, or 26 by noncertified or nonlicensed staff providing personal care 27 as defined in section 231C.2 . “Nursing services” does not 28 include the practice of nursing by an advanced registered nurse 29 practitioner or an advanced practice registered nurse licensed 30 under chapter 152 or 152E . 31 11. “Nursing services professionals” includes registered 32 nurses, licensed practical nurses, certified nurse aides, 33 certified medication aides, home health aides, medication 34 managers, and noncertified or nonlicensed staff providing 35 -47- LSB 5004HV (3) 90 pf/ko 47/ 63
H.F. 2698 personal care as defined in section 231C.2, who are not 1 health care employment agency workers but instead are employed 2 directly by or contract directly with a health care entity. 3 Sec. 69. Section 135Q.2, Code 2024, is amended to read as 4 follows: 5 135Q.2 Health care employment agency requirements —— 6 registration —— liability —— penalties . 7 1. a. A health care employment agency operating in the 8 state shall register annually with the department. Each 9 separate location of a health care employment agency shall 10 register annually with and pay an annual registration fee of 11 five hundred dollars to the department. The department shall 12 issue each location a separate certification of registration 13 upon approval of registration and payment of the fee. The 14 annual registration fees shall be retained by the department as 15 repayment receipts as defined in section 8.2 . 16 b. A health care employment agency that fails to register 17 with the department as required under this subsection shall be 18 prohibited from contracting with any health care entity in this 19 state. 20 2. A health care employment agency shall do all of the 21 following: 22 a. Ensure that agency workers comply with all applicable 23 requirements relating to the health requirements and 24 qualifications of personnel in health care entity settings. 25 b. Document that each agency worker meets the minimum 26 licensing, certification, training, and health requirements 27 and the continuing education standards for the agency worker’s 28 position in the health care entity setting. 29 c. Maintain records for each agency worker and report, 30 file, or otherwise provide any required documentation to 31 external parties or regulators which would otherwise be the 32 responsibility of the health care entity if the agency worker 33 was directly employed by the health care entity. 34 d. Maintain professional and general liability insurance 35 -48- LSB 5004HV (3) 90 pf/ko 48/ 63
H.F. 2698 coverage with minimum per occurrence coverage of one million 1 dollars and aggregate coverage of three million dollars to 2 insure against loss, damage, or expense incident to a claim 3 arising out of the death or injury of any person as the result 4 of negligence or malpractice in the provision of services by 5 the agency or an agency worker. 6 3. a. A health care employment agency shall not do any of 7 the following: 8 (1) Restrict in any manner the employment opportunities 9 of an agency worker by including a noncompete clause in any 10 contract with an agency worker or health care entity. 11 (2) In any contract with an agency worker or health care 12 entity, require payment of liquidated damages, employment fees, 13 or other compensation if the agency worker is subsequently 14 hired as a permanent employee of the health care entity. 15 (3) Use the establishment of, or the required applicability 16 of, the statewide maximum allowable charges schedule under 17 section 135Q.4 as a basis for prohibiting or otherwise 18 interfering with a wage increase for any agency worker. 19 b. This subsection shall not apply to a contract between 20 a health care employment agency and an agency worker or a 21 health care entity if the contract meets all of the following 22 criteria: 23 (1) The contract is entered into for the purpose of placing 24 an agency worker the health care employment agency assisted in 25 obtaining authorization to work in the United States. 26 (2) The contract contains an initial duration term of 27 not less than twenty-four months and a total duration term, 28 including any renewals or extensions, of not more than 29 thirty-six months. 30 (3) The contract requires the agency worker to work for 31 a single health care entity for the entire duration of the 32 contract. 33 c. Any contract that violates this subsection shall be 34 unenforceable in court. 35 -49- LSB 5004HV (3) 90 pf/ko 49/ 63
H.F. 2698 4. A health care employment agency shall submit a report to 1 the department on a quarterly basis for each health care entity 2 participating in Medicare or Medicaid with whom the agency 3 contracts that includes all of the following by provider type: 4 a. A detailed list of the average amount charged to the 5 health care entity for each individual agency worker category. 6 b. A detailed list of the average amount paid by the agency 7 to agency workers in each individual agency worker category. 8 5. a. A health care employment agency that violates 9 subsection 1 or subsection 2 is subject to denial or revocation 10 of registration for a period of one year and a monetary penalty 11 of five hundred dollars for a first offense and five thousand 12 dollars for each offense thereafter. 13 b. A health care employment agency that violates subsection 14 3 or that knowingly provides an agency worker who has an 15 illegally or fraudulently obtained or issued diploma, 16 registration, license, certification, or background check to 17 a health care entity is subject to immediate revocation of 18 registration. The department shall notify the agency thirty 19 days in advance of the date of such revocation. 20 c. (1) The managing entity of an agency for which 21 registration has been denied or revoked under this subsection 22 shall not be eligible to apply for or be granted registration 23 for another agency during the two-year period following the 24 date of the denial or revocation. 25 (2) The department shall not approve a new registration 26 or renew an existing registration for any agency for which 27 the managing entity is also the managing entity of an agency 28 for which registration has been denied or revoked during the 29 two-year period in which registration of the violating agency 30 is denied or revoked. 31 6. 5. The department shall establish a system for members 32 of the public to report complaints against an agency or 33 agency worker. The department shall investigate any complaint 34 received and shall report the department’s findings to the 35 -50- LSB 5004HV (3) 90 pf/ko 50/ 63
H.F. 2698 complaining party and the agency involved. 1 Sec. 70. NEW SECTION . 135Q.3 Health care technology 2 platform requirements —— registration —— liability. 3 1. a. A health care technology platform operating in 4 the state shall register annually with the department and 5 pay an annual registration fee of five hundred dollars to 6 the department. The department shall issue each health 7 care technology platform a certificate of registration upon 8 approval of registration and payment of the fee. The annual 9 registration fees shall be retained by the department as 10 repayment receipts as defined in section 8.2. 11 b. A health care technology platform that fails to register 12 with the department as required under this subsection shall be 13 prohibited from contracting with any health care entity in this 14 state. 15 c. A health care technology platform that allows independent 16 nursing services professionals to utilize the platform to bid 17 on open shifts is an authorized agency for purposes of access 18 to the single contact repository. A health care technology 19 platform shall rerun background checks for an independent 20 nursing services professional following two consecutive years 21 of inactivity on the platform by the independent nursing 22 services professional. 23 2. A health care technology platform shall verify that 24 an independent nursing services professional utilizing the 25 platform does all of the following: 26 a. Supplies documentation demonstrating that the independent 27 nursing services professional meets all applicable state 28 requirements and qualifications of personnel in a health care 29 entity setting. 30 b. Meets all applicable minimum state licensing and 31 certification requirements. 32 c. Maintains professional liability insurance coverage with 33 the minimum per occurrence coverage of one million dollars and 34 aggregate coverage of three million dollars to insure against 35 -51- LSB 5004HV (3) 90 pf/ko 51/ 63
H.F. 2698 loss, damage, or expense incident to a claim arising out of 1 the death or injury of any person as the result of negligence 2 or malpractice in the provision of services by the independent 3 nursing services professional. 4 3. a. A health care technology platform shall not do any 5 of the following: 6 (1) Restrict in any manner the employment opportunities of 7 an independent nursing services professional by including a 8 noncompete clause in any contract with an independent nursing 9 services professional or health care entity. 10 (2) In any contract with an independent nursing services 11 professional or health care entity, require payment of 12 liquidated damages, employment fees, or other compensation if 13 the independent nursing services professional is subsequently 14 hired as a permanent employee or is engaged directly as a 15 contractor of the health care entity. 16 b. Any contract that violates this subsection shall be 17 unenforceable in court. 18 4. The department shall establish a system for members 19 of the public to report complaints against a health care 20 technology platform or an independent nursing services 21 professional. The department shall investigate any complaint 22 received and shall report the department’s findings to the 23 complaining party and the health care technology platform 24 involved. 25 Sec. 71. NEW SECTION . 135Q.4 Statewide maximum allowable 26 charges schedule —— establishment and annual revision —— required 27 utilization and compliance —— rules. 28 1. The department of health and human services shall 29 annually establish and publish by September 30, a statewide 30 maximum allowable charges schedule that shall be applicable 31 January 1 of the immediately following calendar year to nursing 32 services provided by a health care employment agency worker. 33 The department of health and human services shall utilize the 34 most recently preceding nursing facility cost report schedule 35 -52- LSB 5004HV (3) 90 pf/ko 52/ 63
H.F. 2698 H to calculate the statewide maximum allowable charges. The 1 department of health and human services, in collaboration 2 with stakeholders, shall develop a process to periodically 3 obtain wage information from provider types other than nursing 4 facilities. 5 2. The amounts established in the statewide maximum 6 allowable charges schedule shall meet all of the following 7 requirements: 8 a. The amounts shall be no greater than one hundred fifty 9 percent of the statewide average wage paid in the most recently 10 preceding cost report year by a specific type of health care 11 entity to a specific type of nursing services professional, and 12 within the applicable core-based statistical area of the state. 13 b. The amounts shall be inclusive of the hourly rate, 14 administrative fees, contract fees, transportation or travel 15 stipends, per diems, and any other costs a health care 16 employment agency is authorized to include in the charge to a 17 health care entity for nursing services provided by an agency 18 worker within an individual agency worker category. 19 3. Each separate location of a health care employment agency 20 registered under section 135Q.2 shall utilize and comply with 21 the statewide maximum allowable charges schedule established 22 under this section. 23 4. The statewide maximum allowable charges schedule 24 established under this section shall not apply to any of the 25 following: 26 a. A contract between a health care employment agency and 27 an agency worker or a health care entity if the contract meets 28 all of the following criteria: 29 (1) The contract is entered into for the purpose of placing 30 a specific agency worker with a health care entity. 31 (2) The contract contains an initial duration term of not 32 less than twelve consecutive weeks. 33 (3) The contract requires the agency worker to work for 34 a single health care entity for the entire duration of the 35 -53- LSB 5004HV (3) 90 pf/ko 53/ 63
H.F. 2698 contract. 1 b. A health care technology platform. 2 5. The department of health and human services, in 3 cooperation with the department, shall adopt rules pursuant to 4 chapter 17A to administer this section. 5 Sec. 72. NEW SECTION . 135Q.5 Penalties —— enforcement. 6 1. a. A health care employment agency that violates 7 section 135Q.2, subsection 1 or 4, is subject to an initial 8 monetary penalty of five thousand dollars and shall be provided 9 notification by the department and given a thirty-day grace 10 period in which to comply. 11 b. A health care employment agency that fails to comply 12 following the notification and within the thirty-day grace 13 period under paragraph “a” , shall be subject to a monetary 14 penalty of twenty-five thousand dollars. 15 c. If a health care employment agency fails to comply 16 with paragraph “b” , the health care employment agency shall 17 be subject to an additional monetary penalty of twenty-five 18 thousand dollars, revocation of registration, and denial of 19 subsequent registration for up to three years. 20 2. a. A health care employment agency that violates section 21 135Q.2, subsection 2, or that knowingly provides an agency 22 worker who has an illegally or fraudulently obtained or issued 23 diploma, registration, license, certification, or background 24 check to a health care entity is subject to a monetary penalty 25 of five thousand dollars for each violation. 26 b. If a health care employment agency commits a second or 27 subsequent violation of section 135Q.2, subsection 2, within 28 any three-year period, the health care employment agency shall 29 be subject to immediate revocation of registration. The 30 department shall notify the agency thirty days in advance of 31 the date of such revocation. 32 3. A health care employment agency that violates section 33 135Q.2, subsection 3, is subject to a monetary penalty of 34 twenty-five thousand dollars for the first violation. If 35 -54- LSB 5004HV (3) 90 pf/ko 54/ 63
H.F. 2698 a health care employment agency violates section 135Q.2, 1 subsection 3, a second or subsequent time, the health care 2 employment agency shall be subject to immediate revocation of 3 registration, and shall not be eligible to apply for or be 4 granted registration for the three-year period immediately 5 following the date of revocation. 6 4. a. (1) A health care technology platform that violates 7 section 135Q.3, subsection 1, is subject to an initial 8 monetary penalty of five thousand dollars and shall be provided 9 notification by the department and given a thirty-day grace 10 period in which to comply. 11 (2) A health care technology platform that fails to comply 12 with the notification and within the thirty-day grace period 13 under subparagraph (1) shall be subject to a monetary penalty 14 of twenty-five thousand dollars. 15 (3) If a health care technology platform fails to comply 16 with subparagraph (2), the health care technology platform 17 shall be subject to an additional monetary penalty of 18 twenty-five thousand dollars, revocation of registration, and 19 denial of subsequent registration for up to three years. 20 b. (1) A health care technology platform that violates 21 section 135Q.3, subsection 2, or that knowingly allows 22 an independent nursing services professional who has an 23 illegally obtained or issued diploma, registration, license, 24 certification, or background check to utilize the platform to 25 bid on a shift for a health care entity is subject to a monetary 26 penalty of five thousand dollars for each violation. 27 (2) If a health care technology platform commits a second or 28 subsequent violation of section 135Q.3, subsection 2, within 29 any three-year period, the health care technology platform 30 shall be subject to immediate revocation of registration. The 31 department shall notify the health care technology platform 32 thirty days in advance of the date of such revocation. 33 c. (1) A health care technology platform that violates 34 section 135Q.3, subsection 3, is subject to a monetary penalty 35 -55- LSB 5004HV (3) 90 pf/ko 55/ 63
H.F. 2698 of twenty-five thousand dollars for the first violation. 1 (2) If a health care technology platform violates section 2 135Q.3, subsection 3, a second or subsequent time, the health 3 care technology platform shall be subject to immediate 4 revocation of registration, and shall not be eligible to apply 5 for or be granted registration for the three-year period 6 immediately following the date of revocation. 7 5. A health care employment agency that violates section 8 135Q.4 shall be subject to a monetary penalty of five thousand 9 dollars for the first violation, and a monetary penalty of 10 twenty-five thousand dollars for each subsequent violation. 11 6. a. The managing entity of an agency for which 12 registration has been denied or revoked under this section 13 shall not be eligible to apply for or be granted registration 14 for another agency during the three-year period following the 15 date of the denial or revocation. 16 b. The department shall not approve a new registration 17 or renew an existing registration for any agency for which 18 the managing entity is also the managing entity of an agency 19 for which registration has been denied or revoked during the 20 three-year period in which registration of the violating agency 21 is denied or revoked. 22 7. a. The managing entity of a health care technology 23 platform for which registration has been denied or revoked 24 under this section shall not be eligible to apply for or 25 be granted registration for another health care technology 26 platform during the two-year period following the date of the 27 denial or revocation. 28 b. The department shall not approve a new registration or 29 renew an existing registration for any health care technology 30 platform for which the managing entity is also the managing 31 entity of a health care technology platform for which 32 registration has been denied or revoked during the two-year 33 period in which registration of the violating health care 34 technology platform is denied or revoked. 35 -56- LSB 5004HV (3) 90 pf/ko 56/ 63
H.F. 2698 8. Any monetary penalties collected under this section 1 shall be retained by the department as repayment receipts as 2 defined in section 8.2. 3 9. The attorney general shall enforce this chapter. 4 Sec. 73. NEW SECTION . 135Q.6 Department annual report. 5 The department shall submit an annual report to the general 6 assembly by January 15, for the immediately preceding fiscal 7 year, that includes a summary of the number of registrations 8 issued and the amount of registration fees collected, the 9 violations of this chapter, the amount of monetary penalties 10 collected, the number of health care employment agencies, 11 health care technology platforms, and managing entities for 12 whom a registration was revoked or denied, the statewide 13 maximum allowable charges schedule, and any recommendations for 14 changes to the chapter. 15 Sec. 74. EFFECTIVE DATE. This division of this Act, being 16 deemed of immediate importance, takes effect upon enactment. 17 DIVISION XIX 18 MEDICAL CANNABIDIOL REGISTRATION CARD —— TELEMEDICINE —— 19 PRACTITIONER REQUIREMENTS 20 Sec. 75. Section 124E.3, Code 2024, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 4. A health care practitioner that 23 establishes or maintains a relationship with a patient through 24 the use of telemedicine shall comply with the requirements of 25 653 IAC 13.11(7). 26 DIVISION XX 27 FOSTER CARE PROCESSES, SERVICES, AND SUPPORTS 28 Sec. 76. Section 232.96A, subsection 6, Code 2024, is 29 amended to read as follows: 30 6. The child is in need of treatment to cure or alleviate a 31 serious chemical dependency or mental illness or disorder, or 32 emotional damage as evidenced by severe anxiety, depression, 33 withdrawal, or behavioral health disorder that compromises 34 the child’s safety or causes untoward aggressive behavior 35 -57- LSB 5004HV (3) 90 pf/ko 57/ 63
H.F. 2698 toward the child’s self or others in the household, and the 1 child’s parent, guardian, or custodian is unwilling to provide 2 such treatment or the parent’s, guardian’s, or custodian’s 3 efforts to secure needed treatment have been exhausted and 4 unsuccessful . 5 Sec. 77. Section 232.96A, subsections 11, 12, and 13, Code 6 2024, are amended by striking the subsections. 7 Sec. 78. Section 234.38, Code 2024, is amended to read as 8 follows: 9 234.38 Foster care reimbursement rates. 10 The department shall make reimbursement payments directly 11 to foster parents for services provided to children pursuant 12 to section 234.6, subsection 1 , paragraph “e” , subparagraph 13 (2), or section 234.35 . In any fiscal year, the reimbursement 14 rate shall be based upon sixty-five percent of the United 15 States department of agriculture estimate of the cost to raise 16 a child in the calendar year immediately preceding the fiscal 17 year. The department may pay an additional stipend for a child 18 with special needs. The department shall review reimbursement 19 payment rates paid to foster parents under this section no less 20 than once every three years. The department shall adopt rules 21 to implement this section. 22 Sec. 79. Section 234.39, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. a. A person entitled to periodic support payments 25 pursuant to an order or judgment entered in any action for 26 support, who also is or has a child receiving foster care 27 services, is deemed to have assigned to the department 28 current and accruing support payments attributable to the 29 child effective as of the date the child enters foster care 30 placement, to the extent of expenditure of foster care funds. 31 The department shall notify the clerk of the district court 32 when a child entitled to support payments is receiving foster 33 care services pursuant to chapter 234 . Upon notification 34 by the department that a child entitled to periodic support 35 -58- LSB 5004HV (3) 90 pf/ko 58/ 63
H.F. 2698 payments is receiving foster care services, the clerk of 1 the district court shall make a notation of the automatic 2 assignment in the judgment docket and lien index. The notation 3 constitutes constructive notice of assignment. The clerk of 4 court shall furnish the department with copies of all orders 5 and decrees awarding support when the child is receiving 6 foster care services. At the time the child ceases to receive 7 foster care services, the assignment of support shall be 8 automatically terminated. Unpaid support accrued under the 9 assignment of support rights during the time that the child was 10 in foster care remains due to the department up to the amount 11 of unreimbursed foster care funds expended. The department 12 shall notify the clerk of court of the automatic termination 13 of the assignment. Unless otherwise specified in the support 14 order, an equal and proportionate share of any child support 15 awarded shall be presumed to be payable on behalf of each child 16 subject to the order or judgment for purposes of an assignment 17 under this section . 18 b. This subsection shall not apply when a child is placed 19 with a relative or fictive kin as those terms are defined in 20 section 232.2, who is not licensed under chapter 237 to provide 21 child foster care. 22 Sec. 80. Section 600.8, subsection 3, Code 2024, is amended 23 to read as follows: 24 3. a. The department, an agency, or a certified adoption 25 investigator shall conduct all investigations and reports 26 required under subsection 2 . 27 b. The department shall pay the costs of the preplacement 28 investigation and the postplacement investigation under 29 subsection 2, up to a maximum of two thousand dollars for the 30 preplacement investigation and up to a maximum of two thousand 31 dollars for the postplacement investigation. 32 c. The department shall not pay the costs of the 33 preplacement investigation or the postplacement investigation 34 as required under paragraph “b” until a prospective adoption 35 -59- LSB 5004HV (3) 90 pf/ko 59/ 63
H.F. 2698 petitioner has been approved under subsection 1, paragraph “a” , 1 subparagraph (3), by the person making the investigation. 2 Sec. 81. 2023 Iowa Acts, chapter 112, section 7, subsection 3 7, is amended to read as follows: 4 7. For child and family protective services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,380,654 6 35,380,654 7 Of the funds appropriated in this subsection, up to 8 $3,000,000 shall be used for the kinship caregiver stipend 9 program. 10 Sec. 82. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— LEGAL 11 REPRESENTATION FOR JUVENILE CASES INTERIM STUDY COMMITTEE. 12 1. The department of health and human services shall 13 establish a legal representation for juvenile cases interim 14 study committee for the 2024 interim to investigate, study, and 15 propose legislation relating to client-directed representation 16 for children in juvenile court cases. 17 2. The committee shall consist of the following voting 18 members: 19 a. Two members of the house of representatives, one 20 of whom shall be appointed by the speaker of the house of 21 representatives and one of whom shall be appointed by the 22 minority leader of the house of representatives. 23 b. Two members of the senate, one of whom shall be appointed 24 by the majority leader of the senate and one of whom shall be 25 appointed by the minority leader of the senate. 26 3. The committee shall also following ex officio, nonvoting 27 members: 28 a. The state public defender. 29 b. A person who works for an organization providing advocacy 30 for kids, appointed by the governor. 31 c. A juvenile court judge, appointed by the judicial branch. 32 d. A county attorney working in juvenile courts, appointed 33 by the Iowa county attorneys association. 34 4. The committee shall submit a report to the general 35 -60- LSB 5004HV (3) 90 pf/ko 60/ 63
H.F. 2698 assembly by January 10, 2025. 1 Sec. 83. EFFECTIVE DATE. The section of this division 2 of this Act amending 2023 Iowa Acts, chapter 112, section 7, 3 subsection 7, being deemed of immediate importance, takes 4 effect upon enactment. 5 Sec. 84. RETROACTIVE APPLICABILITY. The section of this 6 division of this Act amending 2023 Iowa Acts, chapter 112, 7 section 7, is retroactively applicable to July 1, 2023. 8 DIVISION XXI 9 NURSING FACILITY OVERSIGHT 10 Sec. 85. NEW SECTION . 135C.35C Nursing facilities —— joint 11 training sessions. 12 The department shall semiannually provide joint training 13 sessions for inspectors and nursing facilities to review at 14 least three of the ten most frequently issued federal citations 15 in the state during the immediately preceding calendar year. 16 The department shall develop a protocol to identify regional 17 citation patterns relating to complaints, standards, and 18 outcomes in the nursing facility inspection process. The 19 department shall include the state long-term care ombudsman, 20 or the state long-term care ombudsman’s designee, and 21 representatives of each nursing facility provider association 22 in the state in the planning process for the joint training 23 sessions. 24 Sec. 86. Section 135C.40, subsection 1, Code 2024, is 25 amended by adding the following new paragraph: 26 NEW PARAGRAPH . d. (1) The department shall establish and 27 maintain a process to review each citation issued for immediate 28 jeopardy or substandard quality of care prior to issuance of 29 final findings under section 135C.40A. Representatives of the 30 nursing facility issued such a citation may participate in 31 the review to provide context and evidence for the department 32 to consider in determining if a final finding of immediate 33 jeopardy or substandard quality of care should be issued. The 34 review shall ensure consistent and accurate application of 35 -61- LSB 5004HV (3) 90 pf/ko 61/ 63
H.F. 2698 federal and state inspection protocols and defined regulatory 1 standards. 2 (2) For the purposes of this paragraph: 3 (a) “Immediate jeopardy” means a situation in which the 4 provider’s noncompliance with one or more requirements of 5 participation has caused, or is likely to cause, serious 6 injury, harm, impairment, or death to a resident. 7 (b) “Likely” means probable and reasonably to be expected, 8 and suggests a greater degree of probability than a mere risk, 9 potential, or possibility that a particular event will cause 10 serious injury, harm, impairment, or death to a resident. 11 (c) “Substandard quality of care” means the same as defined 12 in 42 C.F.R. §488.301. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill makes appropriations from the general fund of 17 the state to the department of veterans affairs and to the 18 department of health and human services (HHS) for fiscal 19 year 2024-2025. The appropriations from the general fund 20 of the state to the department of veterans affairs include 21 appropriations for administration, the state veterans cemetery, 22 the Iowa veterans home, and the home ownership assistance 23 program. The standing appropriation for the county commissions 24 of veteran affairs is codified at $900,000, annually. The 25 appropriations from the general fund of the state to HHS 26 include appropriations for aging and disability services; 27 behavioral health; public health; community access and 28 eligibility including for child support services; Medicaid, 29 state supplementary assistance, the healthy and well kids 30 in Iowa (Hawki) program, and other specified health-related 31 programs including health program operations and reimbursement 32 rate provisions; family well-being and protection including 33 state child care assistance, early intervention and supports, 34 and child protective services; state specialty care; and 35 -62- LSB 5004HV (3) 90 pf/ko 62/ 63
H.F. 2698 administration and compliance. The bill makes an appropriation 1 from the general fund of the state to HHS for FY 2025-2026 to be 2 used for the Medicaid program to provide for additional home 3 and community-based services waiver slots for individuals with 4 an intellectual disability. The bill also makes appropriations 5 to HHS from the sports wagering receipts fund, the region 6 incentive fund, the temporary assistance for needy families 7 block grant, the pharmaceutical settlement account, the quality 8 assurance trust fund, and the hospital health care access trust 9 fund. 10 The bill includes transfer, cashflow, and nonreversion 11 provisions; emergency rulemaking authority and reporting 12 requirements; and certain codified provisions relating to the 13 duties and programs under the purview of HHS. 14 -63- LSB 5004HV (3) 90 pf/ko 63/ 63
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