25.5-6-1805. Home- and community-based services improvement fund - creation - transfer - expe

25.5-6-1805. Home- and community-based services improvement fund - creation - transfer - expenditures. (1) The home- and community-based services improvement fund, referred to in this section as the "fund", is created in the state treasury. The fund consists of money transferred to the fund pursuant to subsection (2) of this section.

(2) (a) On June 30, 2021, the state treasurer shall transfer two hundred sixty million seven hundred thirty thousand ninety-nine dollars from the general fund to the fund.

(b) (I) If the general fund savings due to the enhanced federal match under section 9817 of the "American Rescue Plan Act" is greater than the amount transferred to the fund under subsection (2)(a) of this section, then the state department shall notify the state treasurer of the amount by which the savings exceeded the transfer. The state treasurer shall transfer this amount of money from the general fund to the fund.

(II) If the general fund savings due to the enhanced federal match under section 9817 of the "American Rescue Plan Act" is less than the amount transferred to the fund under subsection (2)(a) of this section, then the state department shall notify the state treasurer of the amount by which the transfer exceeds the savings. The state treasurer shall transfer this amount of money from to the fund to the general fund.

(3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the general fund.

(4) (a) Money in the fund is appropriated to the state department for the fiscal year commencing on July 1, 2021, for the expenditures identified in the spending plan approved by the joint budget committee pursuant to section 25.5-6-1804; except that the spending authority conferred by this subsection (4)(a) expires if a supplemental appropriation bill that appropriates money from the fund to the state department is enacted.

(b) During the next legislative session, the joint budget committee shall introduce a supplemental appropriation bill with the specific expenditures authorized under subsection (4)(a) of this section.

(5) For fiscal years commencing on and after July 1, 2021, money in the fund is subject to annual appropriation to enhance, expand, and strengthen medicaid home- and community-based services pursuant to section 9817 of the "American Rescue Plan Act".

(6) The state department may use the money in the fund for reasonable and necessary administrative costs associated with implementing this part 18.