a communication of the Iowa Nurses Association

Volume 3, Number 33 April 28, 2000

HCR 109 PROSTATE AWARENESS WEEK - Requests that the Governor designate a week in June as prostate awareness week.

HCR 124 HUMAN SERVICES POLICY STUDY (Heaton) Requests Interim Study of several human services policy issues.

HR 125 EXEMPT MEDICAL SAVINGS ACCOUNTS (Alons) Request Congress to make employer contributions to medical savings accounts income tax exempt.

SCR 120 HUMAN SERVICES POLICY STUDY. Requests Interim Study of several human services policy issues.

SR 121 ASSIGNMENT OF BENEFITS - Requests an interim study on the assignment of benefits issue.

SR 124 HONORING ELAINE SZYMONIAK - Honors Senator Elaine Szymoniak.

HF 2579 TOBACCO SETTLEMENT AUTHORITY - Creates a Tobacco Settlement Authority staffed from the Treasurer’s office to administer the Tobacco Settlement. Creates a Board to govern the Authority consisting of the Treasurer, the Auditor and the Director of the Department of Management. Allows the State to sell the tobacco settlement to the TSA if approved by the Legislative Council and ratified by the Executive Council. Authorizes the TSA to issue tax-exempt bonds and prohibits the TSA from financially or legally obligating the state. Exempts the TSA from competitive bidding laws. Trust Fund: Creates the tobacco settlement trust fund for unobligated income to the Authority under the control of the Authority and separate from other state funds. Endowment Fund: Creates the tobacco settlement endowment fund in the Treasurer’s office. Requires all payments to the State from the TSA, after litigation costs, to go into the fund with any portion of the tobacco settlement not sold to the TSA. Prohibits appropriations from the fund except for healthcare, substance abuse treatment and enforcement, tobacco prevention and control, and the needs of Iowans. Creates a savings account for healthy Iowans within the Endowment Fund, funded by an annual appropriation. Allows both Funds to retain earnings and reversions. Effective on enactment. AMENDED: A Strike & Replace: Creates an advisory committee to examine the potential for securitization.

SF 2429 HEALTH AND HUMAN RIGHTS APPROPRIATION - Appropriates to health and human rights agencies: Total (from the GF): $87.6 million; Operations $73.6 million; Grants: $14 million. Appropriations: Dept. for the Blind $1.8 million; Dept. of Elder Affairs $5.1 million; Governor’s Alliance on Substance Abuse $586,000; Drug Enforcement Abuse Coordinator $506,000; DARE $80,000; Dept. of Public Health Total - $29.7 million; Planning & Administration $1.4 million, Public Protection $7.1 million, Addictive Disorders $1.4 million, Community Capacity $1.6 million, Child, Adult & Elderly Wellness $1.4 million; Chronic Conditions $1.8 million, Environmental Hazards $166,000, Infectious Diseases $1.3 million, Injuries $1.9 million; Veterans Affairs Commission $45.7 million; Veterans Home $45.4 million; Administration $295,000. Other Funds DPH Total $3.8 million; Gambling Treatment Fund $2.2 million; Addictive Disorders & Home Care $1.6 million. Retained Fees: Allows the Dental Board, Pharmacists Board, Nursing Board and the Medical Board to use $263,000 from fees for moving expenses. Allows the Department of Public Health to keep $100,000 in fees from the Medical Board to improve licensing functions and to retain autopsy fees. Allows the Veterans Home to keep $900,000 in VA drug reimbursements for pharmacy related expenses. Statutory Changes: Creates an Assisted Living Certification Fund controlled by Elder Affairs retroactive to the beginning of FY 2000. Continues the Scope of Practice Review until 2002.

S-5415 by the House - Changes the Governor’s Alliance on Substance Abuse to the Governor’s Office of Drug Control Policy. Increases funding to that office by $1 million for various programs. Allows the Board of Dental Examiners to retain Dental Assistants’ licensing fees to fund two additional positions. Directs the $100,000 appropriated to the HAWK-I Plan be used as directed by the Hawk-I Board. Appropriates three-tenths of one percent of pari-mutuel horse racing receipts received by the Racing and Gaming Commission to the DPH to supplement childhood lead poisoning testing, at $50,000 and the remainder of the receipts to the Childhood Lead Poisoning Prevention Program within the DPH. Establishes the Community Grant Fund within the DHR.

H-8943 by the Senate - Increases the appropriation by $80,000 and authorizes $50,000 for the childhood lead poisoning prevention program and the remainder for costs associated with the child fatality review team. Appropriates three-tenths of one percent of pari-mutuel horse racing receipts to DALS for distribution to the Iowa Quarter Horse Association, the Iowa Thoroughbred Breeders and the Iowa Harness Horse Association to enhance awareness of horse racing, including raising public awareness of problem gambling. Limited to one year. Strikes the use of horse racing receipts for the lead poisoning program.

SF 2435 HUMAN SERVICES APPROPRIATIONS - Makes appropriations to DHS. Total from the GF: $797.8 million; $134.8 million (Operations); $641.6 million (Grants); $21.3 million (Standings). Economic Assistance: ($42 million Total) FIP: $35.5 million; Emergency Assistance: $10,000; Child Support Recovery: $6.5 million. Medical Services: ($456.1 million Total) Medicaid: $422.5 million; Health Insurance: $401,000; Child Health Insurance: $5 million; Medical Contracts: $8.3 million; Supplementary Assistance: $20 million. Adult Child & Family Services: ($132.8 million Total); Child Care: $5.1 million; Toledo Home: $6.3 million; Eldora School: $10.4 million; Child & Family Services: $108.8 million; Community Based Services: $280,000; Family Support Subsidy: $2 million. MM/MR/DD/BI: ($103.2 million Total); Institutions - Cherokee: $12.8 million; Clarinda: $7.2 million; Independence: $17.5 million; Mt. Pleasant: $5.4 million; Glenwood: $2.5 million; Woodward: $1.7 million; Other MH: Conners Training $46,000; Special Services $121,000; DD Special Needs: $53,000; State Cases: $13.6 million; Community MH/MR Fund $19.6 million; Personal Assistance: $364,000; Sexual Predator Commitment: $1.8 million; MH Allowable Growth: $21.3 Million. DHS Administration: Field Operations: $44.2 million; Regional Offices: $5.7 million; General Administration: $13.6 million. Other Funds - TANF: Total: $141.9 million Administration: $5.4 million; Field Operations: $12.9 million; Child & Family Services: $23.6 million; FIP: $44 million; Day Care: $20.6 million; Promise Jobs: $20 million; 5 & Under Children: $3.2 million; MH/DD Community Services: $4.6 million; Emergency Assistance: $2.8 million; Pregnancy Prevention: $2.5 million; Other: $2.3 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. Requires DHS to make recommendations to the Legislature and the Governor regarding personal assistance, consumer-directed care and home and community-based waiver services. Requires the HAWK-I contractor to report on the cost of the Child Health Insurance Program. Requires the MHIs to conduct a net budget accounting test. Names the educational complex at the State training School after Arlene Dayhoff. Delays rules for the subsidized guardianship program.

S-5387 by the House - Medical Services: Appropriates $414,000 for pharmaceutical case management and decreases the Medicaid appropriation by $322,000. Adult Child & Family Services: Increases the appropriation for Toledo ($8,000) and Eldora ($24,000) and decreases the appropriation for Child and Family services ($8,000). MM/MR/DD/BI: Increases the appropriation for the Independence MHI ($49,000); appropriates $300,000 for brain injuries; appropriates $50,000 for blind services; decreases the appropriation for state cases ($600,000). DHS Administration: Increases the appropriation for administration ($147,000) and state & county assistance teams ($210,000); decreases the appropriations for field operations ($119,000) and regional offices ($93,000)

S-5610 by Tinsman - Increases the appropriation for child care by $2.3 million; increases the appropriation for child support recovery by $200,000; decreases the Medicaid appropriation by $22 million; strikes or reduces certain allocations for child care funds; specifies direct reimbursement of nurse practitioners in rural health clinics, gives support for training of caregivers and makes other changes. ADOPTED

S-5602, S-5614 - WITHDRAWN

The Senate CONCURRED with S-5387, as amended

The House CONCURRED in H-9090

HF 2351 SALES TAX HOLIDAY - Authorizes a sales tax exemption on shoe and clothing purchases on the first Friday, Saturday, and Sunday of August each year. Does not include athletic clothes, jewelry, or items priced over $100. Applies to local option taxes without exception.

S-5433 by Johnson - Limits the tax holiday to Friday and Saturday. ADOPTED, 28-20

S-5474 by Hansen - Makes the sales tax holiday for two weeks. FAILED, 17-31

S-5477 by Hansen - Requires the appropriation committees to review the sales tax holiday in 2002 and to consider whether the sales of all clothing should be free from the sales tax. ADOPTED

S-5482 by Hansen - Allows cities and counties to retain their local option sales tax over the sales tax holiday. FAILED, 22-26

S-5475, S-5606 - RULED NOT GERMANE; S-5442, S-5581 - WITHDRAWN

HF 2545 ADMINISTRATION AND REGULATION APPROPRIATIONS - Appropriates from the General Fund for the offices of the Governor and Lt. Governor, the Dept. of General Services, Dept. of Appeals & Inspections, Dept. of Management, Dept. of Personnel and other regulatory and administrative agencies. Total: $88.5 million; Ethics & Campaign Finance: Total: $501,000; Dept. of Commerce: Total: $20.4 million; Administration: $1.1 million; Insurance Division: $3.8 million; Professional Licensing: $870,000; Legislative Branch: Total: $130,000; Uniform State Laws $26,000; NCSL $104,000;

Dept. of Inspections & Appeals: Total: $6.3 million, Finance $515,000; Audits $477,000; Appeals $469,000; Investigations $1 million; Health Facilities $2.4 million; Inspections $634,000; Employment Appeals Board $34,000; Foster Care Review Board $791,000 plus Racing & Gaming $3.6 million; Other Funds: Appropriates $22 million from other funds, for Inspections & Appeals $1.1 million; Other: Forbids any of the covered departments or agencies from constructing any new or renovating any existing smoking areas.

H-9074 by the Senate - Increases the appropriations by $1.8 million for: DGS: $64,000 (admin.); $20,000 (Terrace Hill); 64,000 (utility costs); $61,000 (general office); Salaries: $4,000 (Terrace Hill) $20,000 (Administrative Rules Coordinator); $9,000 (State-Federal relations); DIA: $40,000; Health Facilities: $63,000 (salaries); Inspections Division: $210,000 (salaries); DOM: $82,000 (general office) authorizes $100,000 of the general office appropriation for one-time expenses related to budget changes. Council of State Gov’ts: $86,000 (membership fees); DOP: $99,000 (admin. salaries); $298,000 (compliance); $350,000 (financial management); $49,000 (internal resources management) $25,000 (customer service salaries). Sec. of State: $20,000 (salaries). Strikes the requirement that IPERS pay property taxes. Defines a video golf game as a game of skill for the purpose of holding a tournament. Appropriates $85,000 for harness racing regulation.

H-9082 by Van Fossen - Restores funding for DRF to the bill’s original level. FAILED

H-9082 by Van Fossen - Prohibits the DRF from keeping any local option sales tax for administration of the tax. FAILED

H-9083 - WITHDRAWN

The House CONCURRED in H-9074.

SF 2243 OWI IN-PATIENT TREATMENT - Requires OWI offenders placed in institutional programs to be so placed within sixty days or as soon as possible. Allows offenders already in an institutional program to enter a community-based residential program at the same point as they were in the institutional program.

SF 2144 HEALTH CARE FACILITY INSPECTIONS - Requires unannounced inspections of health care facilities to at least once every 30 months. Does not require that a complaint-based inspection be limited to the complaint. Quality-Based Complaints: Establishes a quality-based complaint system which requires the DIA to report to the budget subcommittees on the criteria and implementation for such a system in an interim report by February, 2001 and a final report by August 2001

S-5517 by the House Directs that reports go to the standing committees or Human Resources. Makes language corrections.

The Senate CONCURRED with S-5517

HF 2205 E-COMMERCE - Establishes the Uniform Computer Information Act. E-Commerce: Authorizes the legal recognition of electronic records, signatures, contracts. Establishes the means to electronically notarize signatures and documents and procedures for correcting electronic records damaged during transmission. Makes Definitions. Choice of Law: Makes Iowa law as controlling in e-commerce between an Iowa resident and a resident of a state with the Uniform Computer Information Act in the event of a conflict. Standards: Requires Information Technology Services and the Secretary of State to act jointly, in consultation with the Attorney General, when establishing electronic record standards.

H-9015 by the Senate - Makes a choice of law provision in a computer information agreement voidable. Creates an advisory committee for electronic filing matters. Establishes security requirements for electronic filing of mortgages. Requires the execution of a duplicate paper copy in order to have affect against third parties. Requires the Regents to comply with any appropriate standards for electronic records and signatures. Allows the DRF to abate sales taxes if a person fails to collect the tax due to the reliance on an erroneous letter from DRF. Authorizes the abatement of taxes related to the failure to collect taxes for internet access prior to July 1999 for a retailer who relied on an erroneous letter. Requires the DRF to prepare quarterly reports of abatements.

HF 2555 TOBACCO SETTLEMENT - Appropriates $55 million from the Tobacco Settlement Fund. Dept. of Human Services: ($24.5 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 daycare for special needs children; $1.2 million (Respite Care); $550,000 (to DHS service providers by 1%); $200,000 (Child Health Insurance Program) DHS performance evaluation: $35,000. Dept. of Public Health: ($24 million Total) Tobacco Prevention & Quitting Program: $9.4 million; Substance Abuse Treatment: $11.9 million; Healthy Iowans 2010: $2.8 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: $3.8 million.

S-5537 by Soukup - Increases the appropriation to hospitals by $3.8 million and strikes the trust fund. FAILED, 20-29

S-5534 by Hammond - Requires DHS to work with private social work organizations to make the pay for the private agency employees comparable to the pay of DHS employees. WITHDRAWN

S-5536 by Gronstal - Appropriates $575,000 to help with the purchase of smoking cessation programs and reduces the appropriation for the trust fund by the same amount. FAILED, 20-29

S-5546 by Deluhery - Appropriates $650,000 for school-based services and reduces the appropriation for the trust fund by the same amount. FAILED, 20-29

S-5547 by Gronstal - Appropriates $1.2 million prevention and cessation efforts and reduces the appropriation for the trust fund by the same amount. FAILED, 20-29

S-5525, S-5560, S-5556 - WITHDRAWN; S-5561 - RULED NOT GERMANE

HF 2563 NON-PROFIT HOSPITALS - Exempts from the sales and use taxes and allows for refunding of taxes paid for construction material used to fulfill written contracts with non-profit hospitals if the following conditions are met: 1) the sales and delivery occurred between July, 1998 and December 31, 2001; 2) the contract was entered in to or bonds for the project were issued before December 31, 1999, and; 3) the items were purchased by the contractor or hospital directly. Limits refunds to an aggregate of $25,000.

S-5532 by Shearer & Harper - WITHDRAWN

HF 2153 DRUG POLICY COORDINATOR - Changes name of the Drug Enforcement and Abuse Prevention Coordinator to Drug Policy Coordinator. Repeals the Narcotic Enforcement Advisory Council. Changes name of the Drug Abuse Prevention and Education Advisory Council to the Drug Policy Advisory Council, adds six new member to the Council and adds enforcement to its area of concerns.

SF 2126 CONTRACEPTIVE COVERAGE - Prohibits all insurance policies, or other health benefits plans, from excluding benefits for prescription contraceptives if the policy covers other prescriptions. Authorizes the use of generic drugs. Prohibits denying coverage to a person because of the use of contraceptive devices. Effective after July, 2000. Contains other related provisions. Requires that the devices prevent conception.

SF 2324 DNA PROFILING - Requires criminals of a listed offense, including murder, kidnapping, sexual assault and first degree burglary, to be DNA profiled,. Requires courts to order DNA testing if a person is convicted of a listed offense.

SF 2369 JUVENILE RECORDS/CHILD ABUSE INFORMATION - Allows for the schools and juvenile justice agencies to enter agreements to share information regarding juvenile court records. Allows child abuse information from DHS to be shared if DHS approves and sharing the information is necessary to the disposition of the case.

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.

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 fatality review committee to create protocols for an ad-hoc committee which can review the death or serious injury 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. Requires DHS to inform a mandatory or permissive reporter of child abuse within twenty-four hours if DHS has started an assessment. 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.

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. Adds provisions about electronic filing of records. Exempts dietary supplements that contain less than 15% of naturally occurring ephedrine compounds from the schedule of controlled substances. 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 but requires county recorders gives them a certified copy. Raises marriage license fees to $35. to issue the certified copies of marriage licenses for four dollars. 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. Allows women to breastfeed their own children in public. Makes technical corrections and deletes obsolete references.

SF 2203 ASSIGNMENT OF BENEFITS - Requires that an insured person to be allowed the option from the carrier to assign payments to the health care provider.