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620
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SENATE
FILE
620
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
582)
(SUCCESSOR
TO
SSB
1171)
(COMPANION
TO
HF
757
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES)
A
BILL
FOR
An
Act
relating
to
matters
under
the
purview
of
the
department
1
of
health
and
human
services,
including
administrative
2
services
organizations,
child
foster
care,
child
and
3
dependent
adult
abuse,
internal
audit
and
examination
4
information,
and
the
region
incentive
fund
in
the
mental
5
health
and
disability
services
regional
service
fund,
6
health
maintenance
organization’s
premium
tax,
and
making
7
appropriations
and
including
effective
date
and
retroactive
8
applicability
provisions.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
10
TLSB
1459SZ
(1)
91
dg/ko
S.F.
620
DIVISION
I
1
ADMINISTRATIVE
SERVICES
ORGANIZATIONS
2
Section
1.
Section
97B.1A,
subsection
8,
paragraph
b,
Code
3
2025,
is
amended
by
adding
the
following
new
subparagraph:
4
NEW
SUBPARAGRAPH
.
(10)
Employees
of
an
administrative
5
services
organization
as
defined
in
section
225A.1.
6
Sec.
2.
Section
229.19,
subsection
1,
paragraph
a,
Code
7
2025,
is
amended
by
striking
the
paragraph
and
inserting
in
8
lieu
thereof
the
following:
9
a.
(1)
The
board
of
supervisors
of
each
county
shall
10
appoint
an
individual
to
act
as
an
advocate
representing
the
11
interests
of
patients
involuntarily
hospitalized
by
the
court
12
in
matters
relating
to
a
patient’s
hospitalization
or
treatment
13
under
section
229.14
or
229.15.
The
individual
shall
have
14
prior
experience
advocating
for
or
promoting
the
welfare
and
15
rehabilitation
of
persons
with
mental
illness.
16
(2)
A
person
appointed
under
this
section
shall
not
be
any
17
of
the
following:
18
(a)
An
officer
or
employee
of
the
department.
19
(b)
An
officer
or
employee
of
an
administrative
services
20
organization.
21
(c)
An
officer
or
employee
of
an
agency
or
facility
22
providing
care
or
treatment
to
persons
with
mental
illness.
23
DIVISION
II
24
CHILD
FOSTER
CARE
25
Sec.
3.
Section
232.69,
subsection
1,
paragraph
b,
26
subparagraph
(9),
Code
2025,
is
amended
to
read
as
follows:
27
(9)
An
employee
or
operator
of
a
child
foster
care
facility
28
licensed
or
approved
under
chapter
237
.
29
Sec.
4.
Section
232.78,
subsection
8,
paragraph
a,
30
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
31
(4)
An
individual
licensed
to
provide
foster
care
pursuant
32
to
licensee
under
chapter
237
.
If
the
child
is
placed
with
33
a
licensed
foster
care
provider
an
individual
licensee
,
the
34
department
shall
assign
decision-making
authority
to
the
foster
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care
provider
individual
licensee
for
the
purpose
of
applying
1
the
reasonable
and
prudent
parent
standard
during
the
child’s
2
placement.
3
Sec.
5.
Section
232.95,
subsection
2,
paragraph
c,
4
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
5
(4)
An
individual
licensed
to
provide
foster
care
pursuant
6
to
licensee
under
chapter
237
.
If
the
child
is
placed
with
7
a
licensed
foster
care
provider
an
individual
licensee
,
the
8
department
shall
assign
decision-making
authority
to
the
foster
9
care
provider
individual
licensee
for
the
purpose
of
applying
10
the
reasonable
and
prudent
parent
standard
during
the
child’s
11
placement.
12
Sec.
6.
Section
232.102,
subsection
1,
paragraph
a,
13
subparagraph
(4),
Code
2025,
is
amended
to
read
as
follows:
14
(4)
An
individual
licensed
to
provide
foster
care
pursuant
15
to
licensee
under
chapter
237.
If
the
child
is
placed
with
16
a
licensed
foster
care
provider
an
individual
licensee
,
the
17
department
shall
assign
decision-making
authority
to
the
foster
18
care
provider
individual
licensee
for
the
purpose
of
applying
19
the
reasonable
and
prudent
parent
standard
during
the
child’s
20
placement.
21
Sec.
7.
Section
234.1,
subsection
1,
paragraph
a,
22
subparagraphs
(1)
and
(2),
Code
2025,
are
amended
to
read
as
23
follows:
24
(1)
After
reaching
eighteen
years
of
age,
the
person
has
25
remained
continuously
and
voluntarily
under
the
care
of
an
26
individual
,
as
defined
in
section
237.1
,
licensed
to
provide
27
foster
care
pursuant
to
licensee
under
chapter
237
,
or
in
a
28
supervised
apartment
living
arrangement,
in
this
state.
29
(2)
The
person
aged
out
of
foster
care
after
reaching
30
eighteen
years
of
age
and
subsequently
voluntarily
applied
for
31
placement
with
an
individual
,
as
defined
in
section
237.1
,
32
licensed
to
provide
foster
care
pursuant
to
licensee
under
33
chapter
237
,
or
for
placement
in
a
supervised
apartment
living
34
arrangement,
in
this
state.
35
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Sec.
8.
Section
234.39,
subsection
2,
paragraph
b,
Code
1
2025,
is
amended
to
read
as
follows:
2
b.
This
subsection
An
assignment
of
support
under
paragraph
3
“a”
shall
not
apply
when
a
child
is
placed
with
a
relative
or
4
fictive
kin
as
those
terms
are
defined
in
section
232.2,
who
5
unless
the
relative
or
fictive
kin
is
not
licensed
a
licensee
6
under
chapter
237
to
provide
child
foster
care
.
7
Sec.
9.
Section
237.1,
subsection
3,
unnumbered
paragraph
8
1,
Code
2025,
is
amended
to
read
as
follows:
9
“Child
foster
care”
means
the
provision
of
parental
10
nurturing,
including
but
not
limited
to
the
furnishing
of
food,
11
lodging,
training,
education,
supervision,
treatment,
or
other
12
care,
to
a
child
on
a
full-time
basis
by
a
person,
including
13
a
relative
or
fictive
kin
of
the
child
if
the
relative
or
14
fictive
kin
is
licensed
under
this
chapter
,
but
not
including
a
15
guardian
of
the
child.
“Child
foster
care”
does
not
include
any
16
of
the
following
care
situations:
17
Sec.
10.
Section
237.1,
subsection
3,
paragraph
f,
Code
18
2025,
is
amended
to
read
as
follows:
19
f.
Care
furnished
by
a
relative
or
fictive
kin
of
a
child
20
or
an
individual
person
with
a
meaningful
relationship
with
21
the
child
where
the
child
is
not
under
the
placement,
care,
or
22
supervision
of
the
department.
23
Sec.
11.
Section
237.1,
Code
2025,
is
amended
by
adding
the
24
following
new
subsections:
25
NEW
SUBSECTION
.
6A.
“Fictive
kin”
means
the
same
as
defined
26
in
section
232.2.
27
NEW
SUBSECTION
.
6B.
“Foster
family
home”
means
a
licensed
28
single-family
home
environment
in
which
an
individual
provides
29
child
foster
care.
30
Sec.
12.
Section
237.1,
subsections
8
and
9,
Code
2025,
are
31
amended
to
read
as
follows:
32
8.
“Licensee”
means
an
individual
or
an
agency
licensed
33
under
this
chapter
,
or
an
individual
who
has
been
approved
by
34
the
department
to
provide
child
foster
care
.
35
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9.
“Reasonable
and
prudent
parent
standard”
means
the
1
standard
characterized
by
careful
and
sensible
parenting
2
decisions
that
maintain
the
health,
safety,
and
best
interests
3
of
a
child,
while
at
the
same
time
encouraging
the
emotional
4
and
developmental
growth
of
a
child,
that
a
caregiver
shall
5
use
when
determining
whether
to
allow
a
child
in
foster
care
6
under
the
placement,
care,
or
supervision
of
the
department
to
7
participate
in
extracurricular,
enrichment,
cultural,
or
social
8
activities.
For
the
purposes
of
this
subsection
,
“caregiver”
9
means
an
individual
or
an
agency
licensed
under
this
chapter
a
10
licensee
with
which
a
child
in
foster
care
has
been
placed
or
a
11
juvenile
shelter
care
home
approved
under
chapter
232
in
which
12
a
child
in
foster
care
has
been
placed.
13
Sec.
13.
Section
237.2,
Code
2025,
is
amended
to
read
as
14
follows:
15
237.2
Purpose.
16
It
is
the
policy
of
this
state
to
provide
appropriate
17
protection
for
children
who
are
separated
from
the
direct
18
personal
care
of
their
parents,
relatives,
fictive
kin,
or
19
guardians
and,
as
a
result,
are
subject
to
difficulty
in
20
achieving
appropriate
physical,
mental,
emotional,
educational,
21
or
social
development.
This
chapter
shall
be
construed
and
22
administered
to
further
that
policy
by
assuring
that
child
23
foster
care
is
adequately
provided
by
competently
staffed
and
24
well-equipped
child
foster
care
facilities,
including
but
not
25
limited
to
residential
treatment
centers,
group
homes,
and
26
foster
family
homes.
27
Sec.
14.
Section
237.3,
subsection
10,
Code
2025,
is
amended
28
to
read
as
follows:
29
10.
The
department
shall
adopt
rules
to
administer
the
30
exception
to
the
definition
of
child
care
in
section
237A.1,
31
subsection
2
,
paragraph
“l”
,
allowing
a
child
care
facility,
for
32
purposes
of
providing
respite
care
to
a
foster
family
home,
to
33
provide
care,
supervision,
or
guidance
of
a
child
for
a
period
34
of
twenty-four
hours
or
more
who
is
placed
with
the
licensed
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foster
family
home.
1
Sec.
15.
Section
237.4,
unnumbered
paragraph
1,
Code
2025,
2
is
amended
to
read
as
follows:
3
An
individual
or
an
agency
,
as
defined
in
section
237.1
,
4
shall
not
provide
child
foster
care
unless
the
individual
5
or
agency
obtains
a
license
issued
under
this
chapter
is
6
a
licensee
.
However,
a
license
under
this
chapter
is
not
7
required
of
the
following:
8
Sec.
16.
Section
237.4,
subsection
8,
Code
2025,
is
amended
9
to
read
as
follows:
10
8.
An
individual
providing
child
care
as
a
babysitter
at
the
11
request
of
a
parent,
guardian
,
fictive
kin,
or
relative
having
12
lawful
custody
of
the
child.
13
Sec.
17.
Section
237.9,
Code
2025,
is
amended
to
read
as
14
follows:
15
237.9
Confidential
information.
16
A
person
who
receives
information
from
or
through
the
17
department
concerning
a
child
who
has
received
or
is
receiving
18
child
foster
care,
a
relative
or
guardian
of
the
child,
a
19
single-family,
home
licensee,
or
an
individual
employee
of
20
a
licensee,
shall
not
disclose
that
information
directly
or
21
indirectly,
except
as
authorized
by
section
217.30
,
or
as
22
authorized
or
required
by
section
232.69
.
if
the
information
23
concerns
any
of
the
following:
24
1.
A
child
who
has
received
or
is
receiving
child
foster
25
care.
26
2.
A
relative,
fictive
kin,
or
guardian
of
a
child
who
has
27
received
or
is
receiving
child
foster
care.
28
3.
An
individual
licensee.
29
4.
An
employee
of
a
licensee.
30
Sec.
18.
Section
237.11,
Code
2025,
is
amended
to
read
as
31
follows:
32
237.11
Penalty.
33
An
individual
or
an
agency
who
provides
child
foster
care
34
without
obtaining
a
license
under
this
chapter
,
or
approval
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from
the
department
to
provide
child
foster
care,
or
who
1
knowingly
violates
this
chapter
or
the
rules
promulgated
2
pursuant
to
this
chapter
is
guilty
of
a
serious
misdemeanor.
3
Sec.
19.
Section
237.12,
Code
2025,
is
amended
to
read
as
4
follows:
5
237.12
Injunctive
relief.
6
An
individual
or
an
agency
who
provides
child
foster
care
7
without
obtaining
a
license
under
this
chapter
,
or
approval
8
from
the
department
to
provide
child
foster
care,
or
who
9
knowingly
violates
this
chapter
or
the
rules
promulgated
10
pursuant
to
this
chapter
may
be
temporarily
or
permanently
11
enjoined
by
a
court
in
an
action
brought
by
the
state,
a
12
political
subdivision
of
the
state
or
an
interested
person.
13
Sec.
20.
Section
237.13,
Code
2025,
is
amended
to
read
as
14
follows:
15
237.13
Foster
family
home
insurance
fund.
16
1.
For
the
purposes
of
this
section
,
“foster
home”
means
an
17
individual,
as
defined
in
section
237.1,
subsection
7
,
who
is
18
licensed
to
provide
child
foster
care
and
shall
also
be
known
19
as
a
“licensed
foster
home”
.
20
2.
The
foster
family
home
insurance
fund
shall
be
21
administered
by
the
department.
The
fund
shall
consist
of
all
22
moneys
appropriated
by
the
general
assembly
for
deposit
in
the
23
fund.
The
department
shall
use
moneys
in
the
fund
to
provide
24
home
and
property
coverage
for
foster
parents
to
cover
damages
25
to
property
resulting
from
the
actions
of
a
foster
child
26
residing
in
a
foster
family
home
or
to
reimburse
foster
parents
27
for
the
cost
of
purchasing
foster
care
liability
insurance
and
28
to
perform
the
administrative
functions
necessary
to
carry
out
29
this
section
.
The
department
may
establish
limitations
of
30
liability
for
individual
claims
as
deemed
reasonable
by
the
31
department.
32
3.
2.
The
department
shall
adopt
rules,
pursuant
to
chapter
33
17A
,
to
carry
out
the
provisions
of
this
section
.
34
Sec.
21.
Section
237.15,
subsection
1,
paragraph
a,
Code
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2025,
is
amended
to
read
as
follows:
1
a.
The
efforts
to
place
the
child
with
a
relative
or
fictive
2
kin
.
3
Sec.
22.
Section
237.15,
subsection
5,
Code
2025,
is
amended
4
by
striking
the
subsection.
5
Sec.
23.
Section
237A.3A,
subsection
1,
paragraph
d,
Code
6
2025,
is
amended
to
read
as
follows:
7
d.
A
person
who
holds
a
child
foster
care
license
licensee
8
under
chapter
237
shall
register
as
a
child
development
home
9
provider
in
order
to
provide
child
care.
10
Sec.
24.
Section
237C.1,
subsection
2,
paragraph
f,
Code
11
2025,
is
amended
to
read
as
follows:
12
f.
Care
furnished
by
a
child
foster
care
facility
licensed
13
licensee
under
chapter
237
.
14
Sec.
25.
Section
237C.3,
subsection
2,
Code
2025,
is
amended
15
to
read
as
follows:
16
2.
Standards
established
by
the
department
under
this
17
chapter
shall
at
a
minimum
address
the
basic
health
and
18
educational
needs
of
children;
protection
of
children
from
19
mistreatment,
abuse,
and
neglect;
background
and
records
checks
20
of
persons
providing
care
to
children
in
facilities
certified
21
under
this
chapter
;
the
use
of
seclusion,
restraint,
or
other
22
restrictive
interventions;
health;
safety;
emergency;
and
the
23
physical
premises
on
which
care
is
provided
by
a
children’s
24
residential
facility.
The
background
check
requirements
shall
25
be
substantially
equivalent
to
those
applied
under
chapter
237
26
for
a
child
foster
care
facility
provider
licensee
.
27
Sec.
26.
Section
282.19,
subsection
2,
Code
2025,
is
amended
28
to
read
as
follows:
29
2.
A
child
who
is
living
in
a
licensed
individual
or
agency
30
child
foster
care
facility,
as
defined
in
section
237.1
,
or
31
in
an
unlicensed
relative
foster
care
placement,
shall
remain
32
enrolled
in
and
attend
an
accredited
school
in
the
school
33
district
in
which
the
child
resided
and
is
enrolled
at
the
34
time
of
placement,
unless
it
is
determined
by
the
juvenile
35
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court
or
the
public
or
private
agency
of
this
state
that
has
1
responsibility
for
the
child’s
placement
that
remaining
in
such
2
school
is
not
in
the
best
interests
of
the
child.
If
such
3
a
determination
is
made,
the
child
may
attend
an
accredited
4
school
located
in
the
school
district
in
which
the
child
is
5
living
and
not
in
the
school
district
in
which
the
child
6
resided
prior
to
receiving
foster
care.
7
Sec.
27.
Section
335.25,
subsection
2,
paragraph
c,
Code
8
2025,
is
amended
to
read
as
follows:
9
c.
“Family
home”
means
a
community-based
residential
home
10
which
is
licensed
as
a
residential
care
facility
under
chapter
11
135C
or
as
a
child
foster
care
facility
under
chapter
237
to
12
provide
room
and
board,
personal
care,
habilitation
services,
13
and
supervision
in
a
family
environment
exclusively
for
not
14
more
than
eight
persons
with
a
developmental
disability
or
15
brain
injury
and
any
necessary
support
personnel.
However,
16
family
home
does
not
mean
an
individual
a
foster
family
home
17
licensed
under
chapter
237
.
18
Sec.
28.
Section
414.22,
subsection
2,
paragraph
c,
Code
19
2025,
is
amended
to
read
as
follows:
20
c.
“Family
home”
means
a
community-based
residential
home
21
which
is
licensed
as
a
residential
care
facility
under
chapter
22
135C
or
as
a
child
foster
care
facility
under
chapter
237
to
23
provide
room
and
board,
personal
care,
habilitation
services,
24
and
supervision
in
a
family
environment
exclusively
for
not
25
more
than
eight
persons
with
a
developmental
disability
or
26
brain
injury
and
any
necessary
support
personnel.
However,
27
family
home
does
not
mean
an
individual
a
foster
care
family
28
home
licensed
under
chapter
237
.
29
Sec.
29.
Section
423.3,
subsection
18,
paragraph
b,
Code
30
2025,
is
amended
to
read
as
follows:
31
b.
Residential
facilities
licensed
by
the
department
of
32
health
and
human
services
pursuant
to
chapter
237
,
other
than
33
those
maintained
by
individuals
an
individual
as
defined
in
34
section
237.1
,
subsection
7
.
35
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Sec.
30.
Section
709.16,
subsection
2,
paragraph
b,
1
subparagraph
(1),
Code
2025,
is
amended
to
read
as
follows:
2
(1)
A
child
foster
care
facility
licensed
under
section
3
237.4
chapter
237
.
4
Sec.
31.
RULES.
The
department
of
health
and
human
services
5
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
6
division
of
this
Act,
including
rules
for
the
approval
of
7
relatives
or
fictive
kin
to
provide
child
foster
care.
8
DIVISION
III
9
CHILD
AND
DEPENDENT
ADULT
ABUSE
10
Sec.
32.
Section
235A.1,
subsection
1,
paragraph
b,
Code
11
2025,
is
amended
to
read
as
follows:
12
b.
Funds
for
the
programs
or
projects
shall
be
applied
13
for
and
received
by
a
community-based
volunteer
coalition
or
14
council
entity
.
15
Sec.
33.
Section
235A.15,
subsection
1,
Code
2025,
is
16
amended
to
read
as
follows:
17
1.
Notwithstanding
chapter
22
,
the
Child
abuse
information
18
shall
be
confidential
and
shall
not
be
a
public
record
under
19
chapter
22.
The
confidentiality
of
all
child
abuse
information
20
shall
be
maintained,
except
as
specifically
provided
by
this
21
section
.
22
Sec.
34.
Section
235B.2,
subsection
5,
paragraph
a,
23
subparagraph
(1),
subparagraph
division
(c),
Code
2025,
is
24
amended
to
read
as
follows:
25
(c)
Exploitation
of
a
dependent
adult
which
means
the
act
or
26
process
of
taking
unfair
advantage
an
individual,
including
a
27
caregiver
or
fiduciary,
that
uses
the
resources
of
a
dependent
28
adult
or
the
adult’s
physical
or
financial
resources,
without
29
the
informed
consent
of
the
dependent
adult,
including
theft,
30
by
the
use
of
undue
influence,
harassment,
duress,
deception,
31
false
representation,
or
false
pretenses
for
monetary
or
32
personal
benefit,
profit,
or
gain,
or
that
results
in
depriving
33
a
dependent
adult
of
rightful
access
to,
or
use
of,
benefits,
34
resources,
belongings,
or
assets
.
35
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Sec.
35.
Section
235B.3,
subsection
7,
Code
2025,
is
amended
1
to
read
as
follows:
2
7.
a.
Upon
a
showing
of
probable
cause
that
a
dependent
3
adult
has
been
abused,
a
court
may
authorize
a
person,
also
4
authorized
by
the
department,
to
make
an
evaluation,
to
enter
5
the
residence
of,
and
to
examine
the
dependent
adult.
6
b.
Upon
a
showing
of
probable
cause
that
there
has
been
7
exploitation
of
a
dependent
adult
has
been
financially
8
exploited
,
a
court
may
authorize
a
person,
also
authorized
by
9
the
department,
to
make
an
evaluation,
and
to
gain
access
to
10
the
financial
records
that
the
department
reasonably
believes
11
are
related
to
the
resources
of
the
dependent
adult.
12
Sec.
36.
Section
235B.6,
subsection
1,
Code
2025,
is
amended
13
to
read
as
follows:
14
1.
Notwithstanding
chapter
22
,
the
Dependent
adult
abuse
15
information
shall
be
confidential
and
shall
not
be
a
public
16
record
under
chapter
22.
The
confidentiality
of
all
dependent
17
adult
abuse
information
shall
be
maintained,
except
as
18
specifically
provided
by
subsections
2
and
3
.
19
Sec.
37.
Section
235B.6,
subsection
2,
paragraph
e,
20
subparagraph
(2),
Code
2025,
is
amended
to
read
as
follows:
21
(2)
Registry
or
department
personnel
when
necessary
to
22
the
performance
of
their
official
duties
,
or
a
person
,
an
23
instrumentality
of
the
state,
or
an
agency
under
contract
with
24
the
department
to
carry
out
official
duties
and
functions
of
25
the
registry
.
26
Sec.
38.
Section
249A.4,
Code
2025,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
16.
Require
providers
to
share
information
29
with
the
department
as
necessary
to
identify,
prevent,
or
30
respond
to
child
abuse
as
defined
in
section
232.68,
and
31
dependent
adult
abuse
as
defined
in
section
235B.2.
32
DIVISION
IV
33
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
CONFIDENTIALITY
OF
34
INTERNAL
AUDIT
AND
EXAMINATION
INFORMATION
35
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Sec.
39.
Section
11.41,
subsection
4,
paragraph
a,
Code
1
2025,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(10)
Information
created
or
received
by
3
the
department
of
health
and
human
services
in
the
course
of
4
an
internal
audit
or
examination,
including
any
allegations
5
of
misconduct
or
noncompliance
and
all
audit
or
examination
6
workpapers,
as
specified
in
section
217.31A.
7
Sec.
40.
NEW
SECTION
.
217.31A
Internal
audits
and
8
examinations
——
confidentiality.
9
1.
Information
created
or
received
by
the
department
in
10
the
course
of
an
internal
audit
or
examination,
including
any
11
allegations
of
misconduct
or
noncompliance,
and
all
audit
or
12
examination
workpapers,
shall
be
maintained
as
confidential.
13
2.
Information
maintained
as
confidential
under
subsection
14
1
may
be
disclosed
for
any
of
the
following
reasons:
15
a.
As
necessary
to
complete
the
audit
or
examination.
16
b.
To
the
extent
the
department’s
auditor
is
required
by
law
17
to
report
the
same
or
to
testify
in
court.
18
DIVISION
V
19
REGION
INCENTIVE
FUND
——
DISTRIBUTIONS
AND
TRANSFERS
20
Sec.
41.
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
21
BEHAVIORAL
HEALTH
SERVICES
SYSTEM
——
REGION
INCENTIVE
FUND.
22
1.
For
purposes
of
this
section:
23
a.
“Administrative
services
organization”
means
the
same
as
24
defined
in
2024
Iowa
Acts,
chapter
1161,
section
1.
25
b.
“Behavioral
health
fund”
means
the
behavioral
health
26
fund
established
in
2024
Iowa
Acts,
chapter
1161,
section
7,
27
subsection
2.
28
c.
“Behavioral
health
services
system”
means
the
behavioral
29
health
services
system
established
in
2024
Iowa
Acts,
chapter
30
1161,
section
3,
subsection
1.
31
d.
“Mental
health
and
disability
services
system”
means
32
the
mental
health
and
disability
services
system
described
in
33
section
225C.6B.
34
2.
Notwithstanding
any
provision
of
law
to
the
contrary,
35
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there
is
appropriated
from
the
region
incentive
fund
created
1
in
section
225C.7A,
subsection
8,
to
the
department
of
health
2
and
human
services
for
the
fiscal
year
beginning
July
1,
2024,
3
and
ending
June
30,
2025,
an
amount
necessary
to
ensure
the
4
continuity
of
care
for
persons
transferring
from
the
mental
5
health
and
disability
services
system
to
the
behavioral
6
health
services
system,
and
for
distribution
to
administrative
7
services
organizations
to
be
used
for
expenses
related
to
the
8
duties
of
the
administrative
services
organizations
under
the
9
behavioral
health
services
system.
10
3.
Moneys
distributed
to
and
used
by
an
administrative
11
services
organization
pursuant
to
subsection
1,
shall
12
not
be
considered
in
the
computation
of
any
limit
on
the
13
administrative
costs
of
an
administrative
services
organization
14
including
those
prescribed
in
2024
Iowa
Acts,
chapter
1161,
15
section
7,
subsection
5.
16
4.
Moneys
in
the
mental
health
and
disability
services
17
regional
service
fund
established
in
section
225C.7A,
18
subsection
1,
that
remain
unencumbered
or
unobligated
on
June
19
30,
2025,
shall
be
transferred
to
the
behavioral
health
fund.
20
Sec.
42.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
21
deemed
of
immediate
importance,
takes
effect
upon
enactment.
22
Sec.
43.
RETROACTIVE
APPLICABILITY.
This
division
of
this
23
Act
applies
retroactively
to
July
1,
2024.
24
DIVISION
VI
25
HEALTH
MAINTENANCE
ORGANIZATION
——
APPLICABLE
PERCENTAGE
FOR
26
PREMIUM
TAX
27
Sec.
44.
Section
432.1,
subsection
2,
unnumbered
paragraph
28
1,
Code
2025,
is
amended
to
read
as
follows:
29
The
“applicable
percent”
for
purposes
of
subsection
1
of
this
30
section
,
section
432.1B,
and
section
432.2
is
the
following:
31
Sec.
45.
Section
432.1B,
subsection
1,
Code
2025,
is
amended
32
to
read
as
follows:
33
1.
Pursuant
to
section
514B.31,
subsection
3
,
a
health
34
maintenance
organization
contracting
with
the
department
of
35
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health
and
human
services
to
administer
the
medical
assistance
1
program
under
chapter
249A
,
shall
pay
as
taxes
to
the
director
2
of
the
department
of
revenue
for
deposit
in
the
Medicaid
3
managed
care
organization
premiums
fund
created
in
section
4
249A.13
,
an
amount
equal
to
two
and
one-half
the
applicable
5
percent
of
the
premiums
received
and
taxable
under
section
6
514B.31,
subsection
3
.
7
Sec.
46.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
8
deemed
of
immediate
importance,
takes
effect
upon
enactment.
9
Sec.
47.
RETROACTIVE
APPLICABILITY.
This
division
of
this
10
Act
applies
retroactively
to
January
1,
2024.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
matters
under
the
purview
of
the
15
department
of
health
and
human
services
(HHS).
16
DIVISION
I
——
ADMINISTRATIVE
SERVICES
ORGANIZATIONS.
The
17
bill
excludes
persons
employed
by
an
administrative
services
18
organization
(ASO)
from
the
definition
of
an
employee
for
the
19
purposes
of
the
Iowa
public
employees’
retirement
system.
20
The
bill
prohibits
an
ASO,
or
an
officer
or
an
employee
21
of
an
ASO,
from
acting
as
a
county’s
advocate
to
represent
22
the
interests
of
patients
involuntarily
hospitalized
by
the
23
court
in
matters
relating
to
a
patient’s
hospitalization
or
24
treatment.
25
DIVISION
II
——
CHILD
FOSTER
CARE.
Under
current
law,
a
26
person’s
periodic
support
payments
pursuant
to
an
order
or
27
judgment
are
deemed
assigned
to
HHS
if
the
person
is
or
has
28
a
child
receiving
foster
care
services.
The
assignment
does
29
not
apply
when
a
child
is
placed
with
a
relative
or
fictive
30
kin
of
the
child
who
is
not
licensed
to
provide
child
foster
31
care.
The
bill
permits
the
assignment
unless
the
relative
or
32
fictive
kin
is
not
licensed
to
provide
child
foster
care
and
33
not
approved
by
HHS
to
provide
services
as
specified
by
HHS.
34
The
bill
defines
“fictive
kin”
as
an
adult
person
who
is
35
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not
a
relative
of
a
child
but
who
has
an
emotionally
positive
1
significant
relationship
with
the
child
or
the
child’s
family.
2
The
bill
defines
“foster
family
home”
as
a
licensed
3
single-family
home
environment
in
which
an
individual
provides
4
child
foster
care.
5
The
bill
includes
within
the
Code
chapter
237
(child
foster
6
care
facilities)
definition
of
“licensee”,
an
individual
who
7
has
been
approved
by
HHS
to
provide
child
foster
care.
8
The
bill
makes
several
changes
to
Code
chapter
237
and
to
9
Code
sections
232.78
(temporary
custody
of
a
child
pursuant
to
10
ex
parte
court
order),
232.98
(hearing
concerning
temporary
11
removal),
232.102
(transfer
of
legal
custody
of
child
and
12
placement),
234.1
(child
and
family
services
——
definitions),
13
234.39
(child
and
family
services
——
responsibility
for
costs
14
of
services),
237A.3A
(child
development
homes),
and
423.3
15
(streamlined
sales
and
use
tax
Act
——
exemptions).
16
DIVISION
III
——
CHILD
AND
DEPENDENT
ADULT
ABUSE.
The
bill
17
allows
a
community-based
entity
to
apply
for
and
receive
18
funds
appropriated
to
HHS
by
the
general
assembly
for
child
19
abuse
prevention.
Under
current
law,
only
a
community-based
20
volunteer
coalition
or
council
can
apply
for
and
receive
such
21
funds.
22
The
bill
makes
child
abuse
information,
and
information
23
obtained
in
the
course
of
an
assessment
or
evaluation
of
a
24
report
of
dependent
adult
abuse,
confidential
records.
25
The
bill
defines
“exploitation
of
a
dependent
adult”
as
26
the
act
or
process
of
an
individual,
including
a
caregiver
or
27
fiduciary,
that
uses
the
resources
of
a
dependent
adult
for
28
monetary
or
personal
benefit,
profit,
or
gain,
or
that
results
29
in
depriving
a
dependent
adult
of
rightful
access
to,
or
use
30
of,
benefits,
resources,
belongings,
or
assets.
31
Under
current
law,
upon
a
showing
of
probable
cause
that
32
a
dependent
adult
has
been
financially
exploited
a
court
may
33
authorize
a
person,
who
is
also
authorized
by
HHS,
to
gain
34
access
to
the
financial
records
of
the
dependent
adult.
The
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bill
amends
the
statute
so
the
person
authorized
by
the
court
1
and
HHS
can
gain
access
to
financial
records
that
HHS
has
a
2
reasonable
belief
are
related
to
the
financial
resources
of
the
3
dependent
adult.
4
The
bill
authorizes
an
instrumentality
of
the
state
to
5
access
dependent
adult
abuse
records.
6
The
bill
requires
the
director
of
HHS
to
require
providers
7
under
the
medical
assistance
program
to
share
information
with
8
HHS
as
necessary
to
identify,
prevent,
or
respond
to
child
or
9
dependent
adult
abuse.
10
DIVISION
IV
——
DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES
——
11
CONFIDENTIALITY
OF
INTERNAL
AUDIT
AND
EXAMINATION
INFORMATION.
12
The
bill
makes
information,
including
allegations
of
misconduct
13
or
noncompliance
and
audit
or
examination
workpapers,
created
14
or
received
by
HHS
during
an
internal
audit
or
examination
15
(information)
confidential.
HHS
may
disclose
the
information
16
as
necessary
to
complete
an
audit
or
examination,
or
to
the
17
extent
HHS’s
auditor
is
required
by
law
to
report
the
same
or
18
to
testify
in
court.
The
bill
also
prevents
the
state
auditor
19
from
accessing
the
information
except
as
required
to
comply
20
with
the
standards
for
engagement
described
in
Code
section
21
11.3
(when
audits
and
examinations
begin),
to
comply
with
state
22
or
federal
regulations,
or
in
case
of
alleged
or
suspected
23
embezzlement
or
theft.
24
DIVISION
V
——
REGION
INCENTIVE
FUND
——
DISTRIBUTIONS
AND
25
TRANSFERS.
The
bill
appropriates
from
the
region
incentive
26
fund
of
the
mental
health
and
disability
services
regional
27
service
fund
to
HHS
for
FY
2024-2025,
an
amount
as
necessary
to
28
ensure
the
continuity
of
care
for
persons
transferring
services
29
from
the
mental
health
and
disability
services
system
to
the
30
behavioral
health
services
system
(BHSS)
and
for
distribution
31
to
ASOs
to
be
used
for
expenses
related
to
the
duties
of
the
ASO
32
under
the
BHSS.
The
moneys
used
by
an
ASO
do
not
count
toward
33
any
limit
on
the
ASO’s
administrative
costs.
34
The
bill
requires
any
unobligated
and
unencumbered
moneys
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remaining
in
the
mental
health
and
disability
services
regional
1
service
fund
on
June
30,
2025,
to
be
transferred
to
the
2
behavioral
health
fund.
3
This
division
of
the
bill
is
effective
upon
enactment
and
4
applies
retroactively
to
July
1,
2024.
5
DIVISION
VI
——
HEALTH
MAINTENANCE
ORGANIZATION
——
APPLICABLE
6
PERCENTAGE
FOR
PREMIUM
TAX.
Under
current
law,
a
health
7
maintenance
organization
contracting
with
HHS
to
administer
the
8
medical
assistance
program
must
pay
taxes
to
the
director
of
9
the
department
of
revenue
for
deposit
in
the
Medicaid
managed
10
care
organization
premiums
fund,
an
amount
equal
to
2.5
percent
11
of
the
premiums
received
and
taxable.
The
bill
changes
such
12
amount
to
the
applicable
percent
of
the
premiums
received
and
13
taxable.
The
“applicable
percent”
is
defined
in
Code
section
14
432.1(2)
(tax
on
gross
premiums
——
exclusions),
and
is
.95
15
percent
for
the
2025
calendar
year,
.925
percent
for
the
2026
16
calendar
year,
and
.9
percent
for
the
2027
calendar
year
and
17
all
subsequent
calendar
years.
18
This
division
of
the
bill
is
effective
upon
enactment
and
19
applies
retroactively
to
January
1,
2024.
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