LEGISLATIVE CONNECTION

The tobacco settlement bill was considered by House Appropriations Thursday, March 30. It has become House File 2555. Since that meeting last week, the Governor and the Republicans reached an agreement on how spend the money from the tobacco settlement on April 4. It was announced in a press conference. The agreement includes creating a trust fund for some of the money and "securitizing" the investment by selling the revenue stream for a lump-sum settlement. Rep. Rants said that such a settlement, if properly managed, could pay for any costs associated in selling the tobacco settlement. The bill will be amended to do this, and the legislative council will make a decision on offers to buy the settlement this summer.

Republican leaders said that the work on the budget bills is well underway and that the Legislature will not need to meet in a special session. Senator Iverson said that his caucus is working on the Millennium Fund/VIP, including resolving the difference in the $25 million for rural schools proposed by Republicans and the $100 million proposed by the Governor. Senator Gronstal said that the he expects HF 2549 EDUCATION APPROPRIATIONS, HF 2545 ADMINISTRATION & REGULATION, SF 2348 ECONOMIC DEVELOPMENT and SF 2429 HEALTH & HUMAN RIGHTS to be vetoed if they go to the Governor in their current versions.

House File 2474, the School Accreditation Standards for school health services, awaits debate by the Senate. An amendment and an amendment to the amendment have been filed by Sen. Connolly (D-Dubuque) to reinstate standards for media specialists, guidance counselors and registered nurses providing school health services in Iowa. Senator Iverson has indicated this bill is not a high priority. Contact needs to be made with Senators to discuss the need to assuring school health services are offered in Iowa school districts.

1. Support adoption of an Interstate Compact to facilitate a system of licensure in which a single license allows a nurse to practice in multiple states with a "multistate licensure privilege". House File 2105 has been signed by the Governor.
2. Appropriate the tobacco settlement dollars for health care purposes with attention to: 1) school programs to reduce tobacco use and improve health, 2) assuring health services provided by school nurses are included in state school accreditation standards, and 3) programs to reduce school violence. House File 2555 appropriates $55 million.

School Health Accreditation Standards bill, HF 2474 is on the Senate debate calendar. House File 2411 would provide the Medicaid state match for direct school nurse services provided to Medicaid children in the schools. (Not clearly included in the bill at this time.)

3. Support parity in health insurance policies for mental health and substance abuse coverage and appropriate housing. House File 2080 is awaiting Senate debate. The bill is very limited in coverage.
4. Assure nursing supervision of emergency medical services personnel when they work in the non-emergency, non-lifesaving acute care settings. INA desired language was agreed to. House File 2333 was signed by the Governor.
5. Increase funding for public health nursing/core public health functions. Director of Public Health and Governor recommended $1.5 million. Republicans have recommended $400,000 increase from unspent Gambling Treatment Fund (House File 2429) and now propose $1.5 million from tobacco settlement (House File 2555).
6. No support for legal recognition of direct-entry midwives. House File 2498 did not survive the second funnel.

COMMITTEE ACTION:

HF 2555 (formerly HSB 781) TOBACCO SETTLEMENT - Appropriates $55 million from the Tobacco Settlement Fund. Dept. of Human Services: ($24.3 million Total) Medical Assistance Payment Increases: $6 million (to Doctors - up to Medicare levels) $3.6 million (to Dentists, to 75% of customary rates) $3.1 million (to Physical Therapists and support services by 5%) $2.3 million (to Hospitals by 3%) $2.4 million (to Home Health Care Providers up to Medicare levels) $250,000 (to critical access hospitals up to Medicare levels) $4.4 million (Home Health Care and day care for special needs children. $1.2 million (Respite Care) $550,000 (to DHS service providers by 1%) DHS performance evaluation: $35,000. Dept. of Public Health: ($23 million Total) Tobacco Prevention & Quitting Program: $9.4 million. Substance Abuse Treatment: $11.9 million Healthy Iowans 2010: $1.8 million Dept. of Corrections: $610,00 for Drug Court and Day Programming. County MH: $2 million to counties with low MH/MD/DD funds to fund increased payment levels. Healthy Iowans Savings Account: $5 million. AMENDED (There will be amendments to this description based on the agreement between the Governor and Republican leadership.)

SF 2435 HUMAN SERVICES APPROPRIATIONS (Appropriations; Successor to SSB 3222)

Makes appropriations to DHS. Total from the General Fund: $797.8 million; $134.7 million (Operations); $641.9 million (Grants); $21.3 million (Standings). Medical Services: ($456.1 million Total) Medical Assistance: $422.5 million; Health Insurance: $401,000; Child Health Insurance: $5 million; Medical Contracts: $8.3 million; Other Provisions: Requires DHS to develop a pharmaceutical case management study. Raises to 200% of poverty eligibility requirements for Medical Assistance for pregnant mothers. Gives family planning services for two years to women who were on medical assistance when their pregnancy ended. Require DHS to seek a federal waiver to set up a pilot program providing continuous eligibility for children in HAWK-I.

HCR 111 OSTEOPOROSIS PREVENTION - Encourages health care workers, among others, to inform the public of the causes of, and prevention of osteoporosis.

FLOOR DEBATE:

House:

SF 2113 MASSAGE THERAPY - Requires persons to have appropriate certification and training to act as a massage therapist and prohibits the unlicensed persons from practicing massage therapy of from falsely claiming certification. Authorizes civil penalties for persons who violate the provisions of this bill.

H-8341 by State Government - Sets maximum fine for violation at $10,000. Adds definitions and makes technical corrections. ADOPTED

The House PASSED the Bill, as amended, 94-0; it now returns to the Senate

SF 2302 PUBLIC HEALTH DUTIES - Requires Substance Abuse Commission to specifically review initial requests for a substance abuse facility. Broadens inspection authority of substance abuse facilities by the DPH. Legalizes breastfeeding in public. Adds provisions about electronic filing of records. Makes licensing changes for audiologists, morticians, social workers and others. Authorizes fees for autopsies. Strikes the requirement for the minister to issue a certified copy of the marriage certificate to the couple. Strikes a provision that requires DALS and the Pharmacy Examiners to purchase condoms for DPH for testing if DPH requests those two agencies to do so. Makes technical corrections and deletes obsolete references. Allows women to breastfeed their own children in public. Requires county recorders to issue the certified copies of marriage licenses for four dollars.

H-8479 by Appropriations - Includes dispensing one free certified copy of the marriage license to the couple after the marriage. ADOPTED

H-8236 by Blodgett - Makes technical change to breastfeeding provision. ADOPTED

H-8719 by Ford - Allow the DPH to adopt voluntary programs to control lead paint. Ruled NOT GERMANE

H-8583 by Davis - Eliminates granting subpoena powers to the medical examiner and deputy. Eliminates needlestick study. H-8583, as Amended, ADOPTED

H-8721 to H-8583 by Nelson-Forbes ADOPTED

H-8237A by Blodgett - Technical

H-8723 by Osterhaus ADOPTED

Reconsider H-8479

H-8742 to H-8479, as amended, - Raises marriage license fees to $35. ADOPTED

H-8479, as further amended, ADOPTED

H-8235, H-8518, H-8741- WITHDRAWN H-8237B OUT OF ORDER

The House PASSED the Bill, as amended; 86-5; it now returns to the Senate.

SF 2360 BACKGROUND CHECKS - Makes technical changes to the code regarding background checks of state employees. Allows background checks of employees and volunteers who have direct contact with clients in county cluster offices. Allows the consideration of the criminal offenses in determining if that person should continue service. Changes the name of the state hospital schools to state resource centers.

H-8734 by Carroll - Allows a county to change its service arrangements with DHS on ninety days notice. Sets Webster and Washington Counties as the location of the Adult MH/MR/DD Decat Pilot Project ADOPTED

The House PASSED the Bill, as amended; 85-0; it now returns to the Senate.

Senate:

HCR 106 MEDICARE FUNDING - Demands that the US Congress address the inequity in funding of the Medicare program by the Federal Government.

ADOPTED by the Senate

SF 2324 DNA PROFILING - Requires persons to undergo DNA profile testing if convicted of an offense that requires testing, including murder, kidnapping, sexual assault and first degree burglary. Requires courts to order DNA testing if a person is convicted of such an offense. Includes a specific list of offenses covered by the DNA profiling.

The House PASSED the Bill, 89-0; it now goes to the Governor

HF 2362 DOMESTIC ABUSE REVIEW - Establishes the Iowa Domestic Abuse Review Team to make recommendation to various state agencies for reducing domestic abuse deaths. Allows the Team to obtain confidential information from any person regarding such a death and releases from liability the person providing the information.

H-8694 by the Senate - Requires the team to act reasonably and in good faith.

The House CONCURRED in H-8694.

The House PASSED the Bill, as amended, 93-0; it now goes to the Governor

SF 2390 HEALTH FACILITIES DIVISION - Creates a Division of Health Facilities within the Department of Inspections and Appeals to oversee and license hospitals, health care facilities, hospices, and birth centers and to oversee foster care and dependent care facilities for children.

The House PASSED the Bill, 94-0; it now goes to the Governor

HF 2386 INSPECTION & APPEALS DUTIES - WITHDRAWN

HF 2377 CHILD ABUSE INFORMATION - Access: Gives the Governor, or the Governor’s designee, and a designee of the leadership of the General Assembly access to records held by the Department of Human Services regarding child abuse incidents involving death or near-death. Requires the designee to have appropriate experience with child abuse records or take a course from DHS on the confidentiality of such records. Allows the subject of a report to disseminate child abuse information to the Governor’s designee and members of the General Assembly. County Attorney & Courts: Requires DHS to respond to requests by county attorneys for information regarding death or near-death child abuse incidents within five days. Specifies what information can be released. Requires courts and county attorneys to expunge information upon notice from the child abuse registry. Requires the Iowa Supreme Court to adopt rules regarding the retention of child abuse information. Reports: Requires that unfounded reports be expunged from the central registry. Review Committee: Requires the Iowa child death review team to create protocols for an ad-hoc committee which can review the death of a child to review whether DHS responded appropriately in cases of child abuse. Gives the committee access to records and requires the committee to issue a report on its findings. Requires consultations with the county attorney as to not to jeopardizes a prosecution. Requires a supplemental report after any court trial.

S-5154 by Human Resources - Requires DHS to inform a mandatory or permissive reporter of child abuse within twenty-four hours if DHS has started an assessment. Makes language changes including naming the committee the child fatality review committee. Limits reports from the child abuse registry to persons with authorization from an individual for the purpose of determining if that individual is on the registry. Requests a study regarding access to confidential information.

S-5186 by Miller - Makes language and technical corrections. ADOPTED

S-5311 by King - Authorizes members of Legislature to receive child abuse reports from DHS. FAILED, 14-31

The Senate PASSED the Bill, as amended, 46 -0; it now returns to the House

H-8672 by the Senate - Requires DHS to inform a mandatory or permissive reporter of child abuse within twenty-four hours if DHS has started an assessment. Makes language changes including naming the committee the child fatality review committee. Limits reports from the child abuse registry to persons with authorization from an individual for the purpose of determining if that individual is on the registry. Requests a study regarding access to confidential information. Makes language and technical corrections. ADOPTED

The House CONCURRED in H-8672.

The House PASSED the Bill, as amended; 85-0; it now goes to the Governor

HF 2511 OWI COURSES - Permits the required course for OWI drivers to be taught at substance abuse treatment programs. Requires offenders under 21 to attend a class with other youthful offenders and not adults.

H-8692 by the Senate - Strike and Replace - Requires violators under 18 attend a course offered by a treatment program. Allows drivers with two as well as three OWIs to get a temporary license. Requires the notification of parents and school authorities whenever a minor is charged with OWI or has a BAC level of 0.02 or above.

H-8733 to H-8692 by Shoultz - Strikes the ability of community college to provide a substance abuse program. FAILED

The House CONCURRED in H-8692.

The House PASSED the Bill, as amended; 79-10; it now goes to the Governor

HF 2533 FEDERAL BLOCK GRANT - Appropriates Federal Block Grant money for the FY 2000-2001. Prohibits utility disconnection if the Governor declares there is not enough money in the Low-Income Home Energy Assistance Program. Directs the DHS to seek bids for grants to assist homeless individuals.

H-8714 by the Senate - Minor figure adjustments and spelling corrections.

The House CONCURRED in H-8714.

The House PASSED the Bill, as amended; 84-0; it now goes to the Governor

SF 2092 STATUTORY CODE EDITORS BILL - Updates the code by adjusting language, delete redundancies and inaccuracies, and removes ambiguities.

- Technical S-5315 by the House correction.

The Senate CONCURRED with S-5315

The Senate PASSED the Bill, as amended, 48-0; it now goes to the Governor

SF 2366 TOBACCO LAWS - IDs: Makes the use of a driver’s license by a minor to purchase tobacco a simple misdemeanor. Authorizes the seizure of fake identification, or identification that a retailer believes to be fraudulent. Requires the fraudulent id to be sent to local law enforcement for a determination on whether a prosecution will be brought and requires the DOT to return the id if the matter is not pursued. Requires the court to forward the conviction for a fake id to the DOT. Punishment: Establishes alternative punishments including education programs and community service for minors who violate the tobacco laws, including 1st offense: Community service or tobacco education courses; 2nd offense: Thirty hours of community service and tobacco education; 3rd offense: License suspension and forty hours of community service. Allows DOT to issue a temporary restricted license. Increases fines to $50; $100 and $250 but allows suspension of the fine for the alternative punishments. Establishes civil penalties for clerks who sell cigarettes to minors, including 1st offense: $100; 2nd offense: $250; 3rd offense: $500. Licenses: Limits license revocations to the place of business where the offense occurred and not to other locations in the chain. Requires that copies of retail permits be sent to the DPH. Requires a retailer to have a permit suspended for 60 days for three violations of selling to minors in three years and for a revocation of a permit for four violations in three years. Other: Allows minors to handle tobacco products as part of their job and to participate in sting operations.

H-8670 by Sukup - Increases the number of community service hour upon conviction. Strikes the suspension of the minor’s driver’s license for a third offense.

H-8516, H-8520, H-8521, H-8656, & H-8660 - WITHDRAWN

The House PASSED the Bill, as amended, 82-9; it now returns to the Senate

The Senate CONCURRED with S-5315

The Senate PASSED the Bill, as amended, 48-0; it now goes to the Governor

SF 2048 HOSPITAL BOARDS - Regulates the terms of new members of a public hospital board when the board expands its membership. Allows boards to establish five-member or seven-member boards and establishes a schedule for staggering the terms of new members.

SF 174 MEDICAL REFERENCE - Changes a reference for a membership on the Medical Assistance Advisory Council to the Community Mental Health Centers Association.

HF 2240 GUARDIANSHIP COUNSEL - Requires that a proposed ward and other parties in guardianship or conservator proceedings be given notice of the hearing ands that the ward be given notice of the right to private counsel. Establishes when a court needs to reconsider appointment or discharge of court-appointed counsel.

SF 2203 HEALTH INSURANCE PAYMENTS - Requires that an insured person to be allowed the option from the carrier to assign payments to the health care provider.

BILL SUMMARY (to view legislation text: www.legis.state.ia.us. Click on legislation and select bill type and number)

HF2555 TOBACCO SETTLEMENT (Appropriations; Successor to HSB 781) Appropriates $55 million from the Tobacco Settlement Fund. Dept. of Human Services: ($24.3 million Total) Medical Assistance Payment Increases: $6 million (to Doctors - up to Medicare levels) $3.6 million (to Dentists, to 75% of customary rates) $3.1 million (to Physical Therapists and support services by 5%) $2.3 million (to Hospitals by 3%) $2.4 million (to Home Health Care Providers up to Medicare levels) $250,000 (to critical access hospitals up to Medicare levels) $4.4 million (Home Health Care and day care for special needs children. $1.2 million (Respite Care) $550,000 (to DHS service providers by 1%) DHS performance evaluation: $35,000. Dept. of Public Health: ($23 million Total) Tobacco Prevention & Quitting Program: $9.4 million. Substance Abuse Treatment: $11.9 million Healthy Iowans 2010: $1.8 million Dept. of Corrections: $610,00 for Drug Court and Day Programming. County MH: $2 million to counties with low MH/MD/DD funds to fund increased payment levels. Healthy Iowans Savings Account: $5 million.