LEGISLATIVE CONNECTION

Volume 4, Number 6
February 16, 2001

TOP STORIES OF THE WEEK

House Judiciary Committee voted out HSB 59 DEATH PRONOUNCEMENT - Allows a registered nurse or a licensed practical nurse to declare someone dead if the death was anticipated and the death occurs in a hospital, health care facility, a Medicare-certified home health agency, Medicare hospice program. It passed 21-0; Floor Manager: Grundberg (R-Des Moines). Thanks to all of you who called your legislator or sent emails. It really makes a difference for them to hear from constituents.

A compromise was negotiated by Rep. Chuck Larson (R-Cedar Rapids) chair of the House Judiciary committee between INA, the Board of Nursing and the Iowa Medical Society. The compromise was to change the word "the" to "any" in the phrase "…with notice of the death to the physician and in accordance with ANY directions of a physician". INA and the Board of Nursing stated that at times there is no directions from a physician and it was not desirable to put an RN or LPN in the position of documentation in the medical record after the death that the physician had given directions.

Please thank your legislators who are on the House Judiciary Committee for their positive vote and ask them to vote in favor when brought up on the House floor. Those committee members are: Larson, Chair; Baudler, Vice Chair; Kreiman, Ranking Member; Barry; Bell; Boddicker; Broers; Chiodo; Eichhorn; Ford; Grundberg; Jochum; Kettering; Mertz; Millage; Raecker; Shey; Shoultz; Sukup; Tremmel; and Witt. If your legislator is not on this list, they need to be contacted to vote in favor of the bill when it is called up for debate.

Republicans to Cut $30 to $40 Million from Current Budget

Senate Majority Leader Iverson and House Majority Leader Rants said that they expect to cut $30 to $40 million from the budget in the current year due to greatly reduced revenues. Rants said that the state has only seen an increase of $5 million in revenues through the first eight months of the year, compared to the predicted $170 million in growth. Both said that the Governor and the department directors have failed to react to the slow growth.

Senator Iverson said that this level of cuts should be sufficient because of the ending balance and because he does expect revenues to grow faster toward the end of the year. Rep. Rants said that he does not expect that the budget targets for FY 2002 will be ready before the Revenue Estimating Council meets again in March.

They said that they will meet with the Governor on Monday and will have a list of potential cuts by Tuesday. They do not expect to make cuts in K-12 spending, Medicaid or in property tax reimbursement.

Last week the Governor called a meeting of interested groups and said that after signing the tax cut on heating bills there would be a shortfall in the state budget. The Governor asked groups to not request any additional new tax cuts.

INA is watching this discussion closely for its impact on appropriations for health programs.

STATUS OF THE INA AGENDA

1. Health Care Funding: All tobacco settlement money for health care purposes.

   Appropriations Committees continue to meet. Money looks tight for future appropriations.

2. RN and LPN Pronouncement of Death

   House Study Bill 59 was recommended for passage after compromise language agreed to.

3. No support for Direct-Entry Midwives (non-nurse midwives)

HF 200 has been introduced and assigned to an unfavorable committee, Commerce and Regulation. It is not expected to move.

Other Bills on Issues on Watch:

Mental Health & Substance Abuse Parity: House File 107/Senate File 137 covers neurobiological conditions and calls for a substance abuse study, House File 113/Senate File 136 covers state employees with mental health and substance abuse coverage; House File 153/Senate File 132 covers children only for mental health and substance ; Senate File 131 appears to be very similar to last year’s House passed bill HF 2080 which died in the Senate. The Governor’s bill, Senate File 177 covers serious mental illnesses and substance abuse. HF 72/SF119 (Jochum and Connolly) cover all mental conditions in the ICD and substance abuse and are full parity, but unlikely to be considered by the Republican majority party.

The INA Public Policy Committee has recommended support of HF 107/SF 137 because the conditions listed are driven more by clinical insight and are clinically consistent with proven efficacy and effectiveness of treatment as compared to bills offered last year that were less than comprehensive coverage. If a smaller group of individuals needs to be approved due to concerns, the children-only bills (HF 153/SF 132) or the state employee only (HF 113/SF 136) would be seen as taking small steps forward.

MAKING CONTACT

Attend local town hall meetings on Saturdays as scheduled.

Phone Numbers for leaving a message:

Governor’s Office 515/281-5211

Iowa House of Representatives at 515/281-3221

Iowa Senate at 515/281-3371

Website Contacts for sending emails or regular letters:

www.state.ia.us/governor / On the "Office of Governor" page, go to "Desk Tops" on left side and hit "Comments", this brings up the "Comments Desk" and #3 is the email hot button.

www.legis.state.ia.us On the "Welcome to the Iowa General Assembly" page, go to "Members", then "Find Your Legislator" and you can type in your street address, city and zip code to get to your Congressional and state senator and representative names, phone numbers and email addresses.

Deanna McCallum and Linda Goeldner are the INA registered lobbyists. To learn more about the nursing agenda or nursing issues, call the INA office at 515/225-0495 or email either at DmcCall34@aol.com or Lkgoeld@aol.com.

BILLS PASSED OF INTEREST TO NURSING

Resolutions Adopted

SCR 9 CANCER SCREENING - Urges the use of cancer screening tools and the coverage of such screens by insurance companies.

ADOPTED by the Senate

BILLS IN COMMITTEE OF INTEREST TO NURSING

Use the website address above to find 1) the bill language and 2) the email address for the legislators listed below. Legislators serving on the following subcommittees are the individuals to whom comments should be initially made. Legislators give first priority to those living in their House or Senate District. Make sure the legislator knows you are a registered nurse.

House Appropriations: Assigned to Subcommittee:

HF 181 PERSONAL NEEDS ALLOWANCE INCREASE - Heaton (C), Alons , Smith

HF 231 CRIME VICTIMS FUND - Horbach (C), Bell, Brunkhorst

HF 236 ELDER AFFAIRS APPROPRIATION - Alons (C), Brunkhorst , Mertz

House Commerce: Assigned to Subcommittee:

HF 220 HEALTH RECORD FEES - Bradley (C), Johnson , Seng

HF 67 HEALTHY AND WELL KIDS - Hansen (C), Johnson , Osterhaus

House Human Resources: Assigned to Subcommittee:

HF 246 MEDICARE DRUG PRICING - Hoversten (C) , Reynolds, Roberts

HF 60 ABORTION REPORTING - Boddicker (C), De Boef , Kreiman (reassigned)

HF 116 PREGNANCY ENDING REPORTS - Boddicker (C), De Boef , Kreiman (reassigned)

HF 262 NURSING FACILITIES ACCOUNTING - De Boef (C), Barry , Smith

House Judiciary: Voted out:

HSB 59 DEATH PRONOUNCEMENT - Allows a registered nurse or a licensed practical nurse to declare someone dead if occurring in a hospital, health care facility, a Medicare-certified home health agency, Medicare hospice program. PASSED , 21-0; Floor Manager: Grundberg

House Labor Assigned to Subcommittee

HF 221 WAGE DISCRIMINATION - Millage (C) , Dotzler, Horbach

HF 226 WAGE DISCRIMINATION - Sukup (C) , Dotzler, Boddicker

Senate Appropriations: Assigned to Subcommittee:

SF 162 SENIOR LIVING PROGRAMS Veenstra (C), Hammond, Tinsman

Senate Appropriations: Assigned to Subcommittee

SF 177 SOCIAL SERVICES - Veenstra (C), Hammond, King

SF 181 MH/DD/MI GROWTH FACTOR - Veenstra (C), Lamberti, Soukup

Senate Business & Labor: Voted Out: (2)

SSB 1040 VOCATIONAL EDUCATION - Extends the community college vocational technical program until July 2004. Continues the $3 million standing appropriation. PASSED , 11-0; Floor Manager: Lundby SF 197

SSB 1120 MINOR HOSPITAL WORKERS - Allows 14 and 15 year-olds to work as aides in hospitals, health care facilities and assisted living programs if the person receives training regarding exposure to biohazards. Allows a person under 18 to enroll in training programs for nurses, nursing assistants or aides and to be employed in those positions following the completion of the program. PASSED

Senate Business & Labor: Assigned to Subcommittee:

SF 151 MINIMUM WAGE King (C), Greiner , Horn

Senate Commerce Assigned to Subcommittee:

SF 136 BIOLOGICAL MENTAL ILLNESS COVERAGE - Johnson (C) , Hansen, Maddox

SF 137 HF 107 NEUROBIOLOGICAL DISORDER COVERAGE - Johnson (C) , Hansen, Maddox

Senate Commerce: Voted Out: (1)

SCR 9 CANCER SCREENING - Urges the use of cancer screening tools and the coverage of such screens by insurance companies. PASSED, 11-0; Floor Manager: Johnson

Senate Human Resources: Voted Out:

SSB 1069 LOW-INCOME DRUG PLAN (Human Resources) Directs the Department of Public Health and the Department of Human Services to develop a proposal for a prescription drug program for low-income seniors and low-income persons with disabilities in specific circumstances. PASSED, 13-0; Floor Manager: Boettger

Senate Human Resources: Assigned to subcommittee:

HF 178 DRUGS AND CHILD ABUSE - Boettger (C), Holveck, Miller

SF 145 PREGNANCY TERMINATION INFO - Bartz (C), Behn , Shearer

SF 187 CHILD ABUSE REPORTING - Miller (C), Dvorsky, Veenstra

SF 201 PERSONAL NEEDS ALLOWANCE - Veenstra (C), Harper, Schuerer

SF 212 SENIOR ADULT EMPOWERMENT - Schuerer (C), Harper, Miller

BILLS INTRODUCED OF INTEREST TO NURSING

House Study Bills:

House Files:

HF 226 WAGE DISCRIMINATION II (Jochum, Dotzler, & T. Taylor) Requires employers to establish "comparable worth" pay standards. Allows for compensatory and punitive damages for the failure to do so. Creates an Equal Pay Commission of nine members appoint by labor commissioner to study wage disparity. (Labor)

HF 236 ELDER AFFAIRS APPROPRIATION (Stevens, et al.) Appropriates $1.5 million from the General Fund to the Department of Elder Affairs to enhance certain existing programs. (Appropriations)

HF 244 CHILD ENDANGERMENT (Judiciary; Successor to HSB 68) Makes intentional injury, pointing a firearm, displaying a firearm, committing a forcible felony, attempted murder, intentional, malicious, or reckless actions causing death committed in the presence of a child a aggravated misdemeanor if no injury to a child occurs and a class "C" felony if injury to a child results. (Calendar)

HF 246 ALLOWABLE MEDICARE PHARMACY PRICING (Hoversten) Requires pharmacies participating in the Medical Assistance Program to charge the reimbursement rate plus other charges set by the DHS. Requires the DHS to monitor pharmacy participation and report results to the Legislative Fiscal Bureau. (Human Resources)

HF 256 HEALTH CARE FACILITIES FIRE INSPECTIONS II (Grundberg) Establishes the procedure the State Fire Marshal is to follow when the Marshal finds deficiencies in a health care facility. Requires the DIA to consult with the Fire Marshal before issuing rules regarding health care facilities. (State Government) ( See HF 190)

HF 262 NURSING FACILITIES ACCOUNTING (Heaton) Requires nursing facilities that are reimbursed under the Medicaid program use generally accepted accounting principles. (Human Resources)

HF 282 TOBACCO PREVENTION (Mascher) Expands the intent of the Tobacco Use Prevention and Control Initiatives to youth and adults. (Human Resources)

Senate Study Bills:

SSB 1126 RESUSCITATION ORDERS (Human Resources) Creates new code section on "Resuscitation Status Orders Act." Allows doctors to issue written orders withholding or withdrawing life-sustaining procedures outside a hospital setting. Requires consent of the patient or patient’s representative. Validates preexisting resuscitation orders. Grants immunity to persons acting in good faith in carrying out resuscitation orders. Schuerer (C), Miller, Harper

Senate Files:

SF 145 PREGNANCY TERMINATION INFORMATION (Redwine) Requires a health care provider who identifies a spontaneous miscarriage or who induces an abortion to report information regarding the type of procedure used, the age of the fetus and the county and state where the patient lives.

SF 146 TOBACCO MASTER SETTLEMENT (Judiciary; Successor to SSB 1103) Makes language changes to language regarding roll-your-own cigarettes to conform Iowa law with the master settlement agreement. Effective upon enactment.

SF 151 MINIMUM WAGE (Dvorsky) Increases the state minimum wage by $1 over the next two years. (Business & Labor)

SF 162 SENIOR LIVING PROGRAMS (Hammond, et al) Appropriates $23 million from the Senior Living Trust Fund to the Department of Elder Affairs and the Department of Human Services for senior living programs and to recruit certified nurse aides. (Appropriations)

SF 170 MINOR HEALTH CARE WORKERS (Business & Labor; Successor to SSB 1120) Allows 14 and 15 year-olds to work as aides in hospitals, health care facilities and assisted living programs if the person receives training regarding exposure to biohazards. Allows persons under 18 to enroll in training programs for nurses, nursing assistants or aides and to be employed in those positions following the completion of the program. (Calendar; Floor Manager: Schuerer )

SF 177 SAFE & HEALTHY Communities (Governor’s Bill/Hammond, et al) Makes appropriations for various programs including for dependent adult abuse, child abuse, substance abuse, sex offenders and coverage for mental health and substance abuse treatment. (Appropriations)

SF 181 MH/DD/MI GROWTH FACTOR (Dvorsky, et al) Appropriates $33.7 million to DHS for distribution to the counties a growth factor for MH/DD/MI services. (Appropriations)

SF 182 LONG TERM CARE INSURANCE TAX CREDIT (Johnson) Provides for a tax credit for carrying long term care insurance. (Ways and Means)

SF 186 COUNTY HOSPITAL TAX LEVY (Ways and Means; Successor to SSB 1075) Increases the maximum property tax levy for the county hospital fund in Polk County to $2.05 per $1,000 in assessed value. FM: McKibben

SF 187 CHILD ABUSE REPORTING (Miller) Requires local boards of health to establish community review committees composed of public health nurse, clergy, a parent with in-home children, and community empowerment board appointee. Allows a child abuse reporter to file a written report under penalty of perjury and if the reporter declines the reporter’s response and reason are to be noted. Makes four classifications after a report is received; 1) imminent danger; 2) serious; 3) spurious; and, 4) rejected. Requires child protection supervisor to approve rejected reports. Requires the community review committee to receive a copy and review of child abuse assessment reports. Directs courts to consider the committee’s findings. Exempts community review committee from the open meetings law. (Human Resources)

SF 188 UNIFORM PRESCRIPTION CARD (Hammond) Requires use of a Uniform Prescription Drug Card or Technology by third-party payment or prepayment of prescription drug plans approved by the National Council for Prescription Drug Programs or other group approved by the Commissioner of Insurance. (Commerce)

SF 196 LOBBYIST REPORTS (State Government; Successor to SSB 1102) Authorizes the Ethics and Campaign Board to obtain copies of all campaign records when verifying information. Requires all lobbyists to file reports on January 31 and July 31. Makes other changes to lobbyist reports, including that lobbyists include compensation, as prorated to each client that is paid for lobbying efforts. Eliminates the requirement that a lobbyist’s client file a compensation report. Floor Manager: Drake

SF 201 PERSONAL NEEDS ALLOWANCE (Soukup) Directs the DHS to adopt rules to allow the residents of health care facilities who participate in Medicaid to retain a personal needs allowance of $50 a month, unless a greater amount is authorized under state or federal law. (Human Resources)

SF 212 SENIOR ADULT EMPOWERMENT (Schuerer) Includes senior adults, defined as adults over the age of sixty, in the community empowerment initiative and allows empowerment boards to address their needs. (Human Resources)

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