LEGISLATIVE CONNECTION

Volume 4, Number 9
March 9, 2001

TOP STORIES OF THE WEEK

Safe Haven Bill Moves Out of Committee

The Newborn Safe Haven bill, House File 406, passed unanimously out of the House Human Resources committee on Thursday. This bill would allow an individual to drop off a newborn at a designated facility without penalty of abandonment charges being filed. The House bill gives fourteen days for the child to be surrendered, while the Senate bill gives four days. There are some minor discrepancies between the House and the Senate's bill, however, they plan to iron out these differences. The hope is to offer a mother another option, so that the state of Iowa doesn't have anymore tragedies like the experience in Chelsea. A similar law in Alabama has help to save 6 newborns.

The Iowa General Assembly has a timetable for legislative action with "Funnel" deadlines to reduce the number of bills to be considered within the 110 days of the first session and 100 days in the second year session. The first deadline is next Friday. If a bill is not out of the committee of origin by this date, it is considered "dead" and no longer eligible for consideration. Appropriations and taxing bills are exempt from this process as well as bills jointly sponsored by the Majority and Minority Leaders of either chamber.

The Senate passed SF 267, the deapporpriations bill, after reducing the amount of cuts to $25 million. The Republicans kept the cuts that Governor Vilsack had approved. (Those of interest to nursing are below.) This means that public health nursing and home care aide services were not proposed by the Governor to be cut. The Senate PASSED SF 267, as amended, 30-20; it now goes to the House

SF 267 DEAPPROPRIATIONS - De-Appropriations : Total: $25.7 million Admin & Reg ($267,000); Agri & Nat Res ($550,000 from soil conservation and water quality); Economic Development ($389,000); Human Services ($3.1 million); TRANSPORTATION ($100,000 from rail and aviation) LEGISLATIVE ($1.4 million); Judicial Branch ($422,000 Judicial Retirement Fund) Transfers: Enhanced Court Collections ($4 million). Across-the-Board: $17.38 million (1%). Exempts the Legislative Branch, the Judicial Branch, DHS Medicaid and related programs, DOC prisons, property tax and other tax relief or credits, the Veteran’s Home, ICN bond payments, K-12 funding, tuition replacement. Supplemental Appropriation : $142,236 for local option sales tax administration (DRF). Exempts appropriations to the schools for the Blind & Sight Saving and the Deaf.

The House PASSED the Bill, 56-43; it now goes to the Governor .

STATUS OF THE INA AGENDA

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

   INA is monitoring the deappropriations bills to maintain funding for health care purposes. The Revenue Estimating Committee meets March 15 and after that date legislators will decide on budget appropriations for the next fiscal year.

2. RN and LPN Pronouncement of Death

   House File 354 was introduced into the Senate and assigned to Senate Human Resources Committee, which is chaired by Sen. John Redwine, a physician from Sioux City.

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 abuse ; 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 diagnostic categories and driven more by clinical insight and are clinically consistent with proven efficacy and effectiveness of treatment..

Governor’s Office 515/281-5211

Iowa House of Representatives at 515/281-3221

Iowa Senate at 515/281-3371

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.

House Debate HF 341 INFORMED CONSENT - Creates new code section known as the "Woman’s Right to Know Act. Requires informed consent from women including information a doctor is required to provide prior to the medical termination of a pregnancy. Makes a medical emergency exception. Makes it a simple misdemeanor for a doctor to violate informed consent provisions. Effective October 1, 2001.

Numerous amendments to the bill were debated. The House PASSED the Bill, as amended, 66-31; it now goes to the Senate

BILLS IN COMMITTEE OF INTEREST TO NURSING

SSB 1197 SCHOOL READY CHILDREN GRANTS - Appropriates $2.4 million from the tobacco settlement fund to the School Ready Children Grants in order to annualize the grants for the designated areas that first received the grants in FY 2001. PASSED , 14-0; FM: Boettger

BILLS INTRODUCED OF INTEREST TO NURSING

SCR 15 OBESITY AWARENESS (Johnson, et al) Declares May 2001 as obesity awareness month.

HSB 203 PHYSICIAN ASSISTANT LICENSING (Human Resources) Requires physician assistants be licensed, not just registered. Makes the Physician Assistants Board the governing body of the profession. Eliminates the physician assistants rules review group and appeal rights of physician assistants to the Medical Board. Tymeson (C), Barry , Atteberry

HF 473 BIKE HELMETS (Ford) Requires children under 12 unless they have completed the fifth grade wear helmets while riding on a bike. Requires warnings of violations to parents before July 1, 2002 and allows a schedule fine of $15 or proof a helmet has been purchased. Directs fine monies be deposited in a Bicycle Safety Fund in the DPH to perform bike safety programs and assist low-income families purchase helmets. Requires the DPH to create a list of approved helmets. Requires persons renting bikes to have the renter sign an acknowledgement form and have helmets available for rent. (Human Resources)

HF 478 PROGRAM ELIMINATION (Van Fossen) Eliminates Certificate of Need Program for Health Facilities. (Human Resources)

HF 487 HEATH INSURANCE INCREASE NOTICE (Petersen) Requires a 90-day notice of a rate increase for individual and group health insurance.

HF 488 MAMMOGRAPHY COVERAGE (Petersen) Makes the definition of "minimum mammography examination coverage" every year for women over 40, or more frequently if a doctor recommends more mammograms. (Commerce)

HF 489 MANAGED HEALTH PLANS INDEMNIFICATION (Atteberry, et al.) Prohibits contract clauses between a managed care health plan and a health care provider that require the health care provider to indemnify or hold harmless the managed care health plan. (Commerce)

HF 490 TOBACCO ENFORCEMENT (Petersen & Rayhons) Allows local law enforcement of cigarette and tobacco to be carried out in compliance with home rule provisions and prohibits using home rule provisions to limit local enforcement. (Human Resources)

HF 491 MENTAL ILLNESS COVERAGE (Atteberry, et al.) Requires third-party payor group health insurance plan to cover serious mental illness and substance abuse coverage. Defines "serious mental illness" and "substance abuse." Allows for exemptions of plans showing a 3% premium increase will result. Contains repeal clause of July 1, 2004. (Commerce)

HF 494 EXPERIMENTAL MEDICAL TREATMENT (Mertz) Allows a doctor who has examined the patient to use investigational, experimental, new, or unconventional medical treatment if it poses no unreasonable or significant risk to the patient and the patient or guardian has given written, informed consent. (Human Res)

HF 496 CHILD SAFETY SEATS (Grundberg) Requires child under six to be secured in federally approved safety seats while in vehicles other than busses. Requires all children in a vehicle other than a bus to wear seat belts. (Transportation)

HF 510 PEER REVIEW (Hoffman) Defines "Peer Review Activity" related the non-liability of persons serving on a Peer Review Committee. Adds to the definition of "Peer Review Committee" members of nursing facilities. Adds nursing facility administrators to the list of persons that may be sued for personal injuries. (Hum Res)

HF 513 PHYSICIAN LOANS (Mascher) Creates the Physician Loan Reduction Program within the College Student Aid Commission for doctors who have graduated from UI College of Medicine and agree to practice in certain areas. Appropriates $250,000 from the General Fund to the Program. Allows qualified applicants to receive up to $5,000 per year up to a total of $20,000 to reduce outstanding student loans. (Education)

HF 517 OPTIONAL MEDICAL ASSISTANCE PROGRAM (Human Resources; Successor to HF 308) Creates a new category of optional coverage under the Medical Assistance Program for certain women requiring treatment of breast or cervical cancer. FM: Tymeson (Calendar)

HF 523 MH/DD SERVICES (Carroll) Makes changes to Funding Pools within the Property Tax Relief Fund used to make payments to counties for MH/DD services. Increases the statewide per capita expenditure target amount for county MH/DD service to 100% for FY 2002. Changes the eligibility requirements for the per capita expenditure target pool. Makes other changes. (Local Government)

HF 528 DOMESTIC ABUSE INSURANCE DISCRIMINATION (Ford) Makes it an unfair insurance practice to deny coverage or delay or refuse an insurance pay-out based on domestic abuse. (Commerce)

HF 531 ADULT DAY SERVICES OVERSIGHT (T. Taylor & Johnson) Direct the Department of Elder Affairs to develop an adult day services oversight system in cooperation with the DIA, DHS, DPH, area agencies on aging, industry representatives, and consumers to study adult day services issues. (Hum Res) See SF 370

HF 532 WAGE DISCRIMINATION (Dotzler) Makes it unlawful for an employer to pay wage that discriminate between employees based on sex, race, or national origin unless based on valid factors. (Lab)

HF 531 ADULT DAY SERVICES OVERSIGHT (T. Taylor & Johnson) Direct the Department of Elder Affairs to develop an adult day services oversight system in cooperation with the DIA, DHS, DPH, area agencies on aging, industry representatives, and consumers to study adult day services issues. (Hum Res) See SF 370

HF 532 WAGE DISCRIMINATION (Dotzler) Makes it unlawful for an employer to pay wage that discriminate between employees based on sex, race, or national origin unless based on valid factors. (Lab)

HF 558 HIV TESTING (Gipp, Connors, & Huser) Makes implied consent for testing of individuals for HIV if treated by a health care worker and the release of the test results. (Human Resources)

SSB 1187 BIRTH CENTERS (Human Resources) Repeals the Code provisions regarding birth centers and makes conforming changes. Schuerer (C), Redwine , Hammond

SSB 1197 SCHOOL READY CHILDREN GRANTS (Education) Appropriates $2.4 million from the tobacco settlement fund to the School Ready Children Grants in order to annualize the grants for the designated areas that first received the grants in FY 2001. Boettger (C), Connolly, Rehberg

SSB 1206 WORKPLACE DEATH PENALTIES (Business & Labor) Makes the minimum civil penalty for an OSHA violation which leads to a death in the workplace $50,000. (Department of Workforce Development)
King (C), McLaren, Deluhery

Senate Files:

SF 321 BIKE HELMETS (Judiciary; Successor to SSB 1066) Allows local authorities to adopt ordinances requiring children under 14 to wear a helmet when riding a bike and requires anyone renting bikes to have helmets available for rent. Directs the DPH to create a list of approved helmets. (Calendar) FM: Maddox

SF 355 SAFE HAVENS (Human Resources; Successor to SSB 1148) Creates the Newborn Infant Surrender Act. Surrender: Allows a parent to voluntarily surrender the custody of a child who is four days old or younger at a hospital or other health care facility. Creates a rebuttable presumption that the person surrendering the child is the parent. Requires the person receiving the child to notify DHS. Immunities: Grants immunity to the individual who receives the child and the owner of the health facility. Gives the parent immunity from prosecution if the infant is not harmed. Parental Rights: Requires DHS to immediately take action to assume custody and to notify the juvenile court and the county attorney. Requires the county attorney to proceed with a CHINA hearing and to terminate parental rights as soon as practical. Waives requirements regarding attempts to reunify the child with the parents. Allows the parent to request that the surrender be revoked within 14 days of the surrender. Other: Makes the records regarding the surrender confidential records. Requires DHS to work with the DPH and DOJ to publicize the provisions of the bill. FM: Boettger

SF 370 ADULT DAY SERVICES OVERSIGHT ((Rittmer & Bolkcom)) Direct the Department of Elder Affairs to develop an adult day services oversight system in cooperation with the DIA, DHS, DPH, area agencies on aging, industry representatives, and consumers to study adult day services issues. (Human Resources) See HF 531

SF 373 HEALTH INSURANCE INCREASES (Holveck) Requires that individual and group insurance plans give 90 day notice of premium rate increases. (Commerce)

SF 376 IPERS RETIREMENT (Education; Successor to SF 300) Allows a retired member of IPERS to be re-employed as a licensed nurse, a certified nurse assistant or as a teacher by a school or AEA one month after retiring from a covered position. FM: Harper (now in State Government)

SF 379 SCHOOL READY CHILDREN GRANTS (Education; Successor to SSB 1197) Appropriates $2.4 million from the tobacco settlement fund to the School Ready Children Grants in order to annualize the grants for the designated areas that first received the grants in FY 2001. (Calendar) FM: Boettger

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