§ 50-35-04 — Calculation of payment - Expenditures

50-35-04. Calculation of payment - Expenditures.
1. The director shall calculate, in collaboration with the human service zone director or
designee, the total payment for each human service zone. The calculation must be
based on the human service zone's most recently available data on historical cost and
income, and may include:
a. Other factors outlined in subsection 3;
b. The human service zone director's proposed budget for the human service zone
which may include expansion of scope of human services to include kinship care
services and payments and services in response to the federal Family First
Prevention Services Act as part of the Bipartisan Budget Act of 2018 [Pub. L.
115-123];

c. Compensation equity and salary increases. The department may limit future
salary increases for human service zone team members to the salary increase
provided by the legislative assembly for state employees; and
d. Current and future duties of and services offered by the human service zone and
department.
2. The director shall authorize expenditures from the human service finance fund to
reimburse the department for the department's costs of providing human services that
historically have been provided by a county, human service zone, or a new service or
program based on federal or state law. The department may authorize expenditures
from the human service finance fund to reimburse the department for transitional costs
incurred for implementing the statewide program for state funding.
3. The director may recalculate and adjust each human service zone's payment based on
pertinent factors, which include actual expenditures over the previous or current
payment period, current costs, offered services, need, income, performance of duties
directed or assigned and supervised by the department, and caseload. If the director
amends and modifies a human service zone's payment, the human service zone
director must be notified within thirty days of amendment or modification. The spending
authority of the human service zone must be increased or decreased based on the
approved, adjusted, or modified payment.
4. The director shall calculate payment for indirect costs. Indirect costs of the human
service zone may not become direct costs without written approval of the department.
The total payment by the department for reimbursement of indirect costs incurred to
support human services must be within legislative appropriation and be based on the
annual indirect cost plan starting August 1, 2023, for the counties to budget for the
2024 fiscal year. The 2023 cost allocation plan must be based on the requested
information received from the counties.
5. Direct costs must be applied consistently within all human service zones and may not
be included in indirect costs.
6. Indirect costs must be applied consistently within all counties as it relates to human
service zones and may not be included in direct costs.
7. Counties shall provide the requested information for the cost allocation plan by
September fifteenth of each year. The department shall provide notice to the county
commissioners and auditors sixty days before the deadline if the county does not
participate in providing information for the cost allocation plan. If counties fail to
provide the requested information by September fifteenth of each year, the counties
may not participate in the cost allocation plan and must be responsible for
one hundred percent of all indirect costs.
8. The director may authorize expenditures from the human service finance fund to
reimburse all indirect costs associated with a statewide pilot project, service, or
program performed by a human service zone.