House bill NO. 917

INTRODUCED BY B. Keenan, J. Esp, L. Jones, J. Gillette

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT IMPLEMENTING THE PROVISIONS OF HOUSE BILL NO. 2; PROVIDING DIRECTION ON the USE OF FEDERAL FUNDS; PROVIDING authorization on postpartum care; establishing interim reporting requirements; AMENDING section 53-4-211, MCA; and PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Child-care subsidies. (1) For federal funds, including but not limited to the temporary assistance for needy families program and the child care and development block grant, the department of public health and human services shall, to the extent possible, utilize the maximum amount allowed by federal regulations for child-care subsidies.

(2)        All state special revenue and state general fund appropriations to the department of public health and human services for child-care subsidies may only be used for child-care subsidies.

(3)        Should excess child-care subsidy funds exist, the department shall provide geographically targeted child-care subsidies in high cost of living or high cost of care areas by increasing the federal poverty level eligibility beyond 150% or increasing provider rates. The department may also use excess child-care subsidy funds, not to exceed 10% of the total available amount and as allowed by federal regulations, to fund initiatives that increase child-care provider acceptance of child-care subsidies and family enrollment in the child-care subsidy program.

Section 2. Budget submission. When submitting the budget for the 2027 biennium, the department of public health and human services shall submit a line-item budget to the second level of detail for each of the state-owned health care facilities under its supervision.

Section 3. Staffing at department of public health and human services. Beginning July 1, 2023, and each quarter of the 2025 biennium, the department of public health and human services shall submit to the children, families, health, and human services interim committee and the health and human services budget committee the following information for staffing at the state-owned health care facilities under its supervision:

(1)        a list of all job classifications at each institution by job title;

(2)        the number of FTE assigned to each job classification;

(3)        the number of state employees employed in each job classification;

(4)        the number of contract or traveling staff employed in each job classification;

(5)        the number of positions in each job classification that are not filled by either a state employee or contract staff and therefore are truly vacant positions;

(6)        the total number of new hires and terminations in each job classification; and

(7)        a narrative explaining how the department conducted recruitment efforts to fill vacant positions at each health care facility.

Section 4. Section 53-4-211, MCA, is amended to read:

"53-4-211. Administration of programs funded under temporary assistance for needy families block grant. (1) The department is authorized and is charged with the general administration and supervision of programs funded under the temporary assistance for needy families block grant under the powers, duties, and functions as prescribed in chapter 2 of this title.

(2)        The state of Montana shall maintain a fiscal effort equivalent to at least 75% of its historic state expenditures, as defined in 42 U.S.C. 609(a)(7)(B)(iii), governing maintenance of effort necessary to draw down the temporary assistance to needy families block grant.

(3)        The department shall administer funds in accordance with federal regulations, including for initiatives and services that strengthen families, increase family self-sufficiency, and reduce family dependence on government programs. These initiatives and services may include those related to career development, training, and job search support, increasing child support cooperation, promoting and supporting marriage and two-parent households, and responsible fatherhood and positive parenting skills. The department shall, as appropriate, coordinate or consult with the legislature and other state agencies to ensure that these initiatives and services are the most impactful, are nonduplicative, and are the best at achieving the outcomes sought by the department."

Section 5. Postpartum coverage. The appropriation in House Bill No. 2 for the health resources division includes funds to extend medicaid and children's health insurance program coverage to postpartum women from 60 days to 12 months after the conclusion of pregnancy, consistent with sections 9812 and 9822 of the American Rescue Plan Act of 2021, 42 U.S.C. 1396a(e)(16) and 1397gg(e)(1)(J), and the department of public health and human services is authorized to provide this extended coverage not withstanding any other provision of law.

Section 6. Coordination instruction. If both House Bill No. 872 and [this act] are passed and approved, the department of public health and human services shall study the feasibility of implementing a medical respite program under medicaid. It is in the intent of the legislature that services associated with that program are an allowable use of the behavioral health fund authorized in House Bill No. 872.

Section 7. Effective date. [This act] is effective July 1, 2023.