Iowa Nurses Association | Legislative Connection, Volume 4, Number 22 February 1, 2002

LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
Volume 4, Number 22 February 1, 2002

Mental Health Parity Day

On Wednesday, February 6 from 11 AM to 1 PM, there will be an effort to support mental health and substance abuse parity. A meeting has been requested with the Senate and House Commerce Committees in Room 116 of the State Capitol. Dr. Michael Flaum, University of Iowa Hospitals and Clinics has been asked to speak to legislators about brain disorders not being treated any differently than physical disorders. A question and answer period with legislators is anticipated. INA members interested in this topic are encouraged to visit the Capitol on February 6 and lobby for mental health parity. Contact the INA office 515/225-0495 if you can attend.

Delay Made in Medicaid Cut

The Administrative Rules Review Committee, the committee of legislators which oversee state agency rules, imposed a session delay on January 24 on the 13.2% cut in Medicaid payments to health-care providers. The Council on Human Services proposed the cut in response to the $18.6 million reduction in funding after the across-the-board cut made in state spending in November.

The Governor has proposed taking money from the Senior Living Trust and the tobacco settlement to fund Medicaid. Republican leaders have said that the state needs to deal with the $18 million shortage for this year, and the potential for a shortage of another $30 million in federal matching funds, in the current budget.

Senator Tom Harkin said that he would introduce legislation to increase federal Medicaid funding to Iowa by $60 million to make up for the budget shortage. He said that he would offer the proposal as an amendment to the economic stimulus package.

Harkin Hosts Roundtable Discussion On Medicaid Funding

U.S. Senator Tom Harkin said that he will host roundtable discussions on Medicaid funding Thursday in Cedar Rapids and Des Moines. Harkin recently proposed legislation to temporarily increase the federal government's match of state Medicaid spending by 3%, giving Iowa an additional $60 million in funding this year and making up the state budget shortfall. The meetings were Thursday, January 31, 2002 in Cedar Rapids and Des Moines.

Legislators Continue Work on Medicaid

The Medicaid task force continues to work on a solution to the potential shortage from the November across-the-board cut and from the potential loss of federal funds. The Democrats have already proposed increasing federal funds to Medicaid to help states make up for the potential shortage. Speaker Siegrist said that the Legislature needs to look at the Medicaid funding process to see why the DHS underestimated the cost of services this year but says that at least for right now legislators still don't have a solution to the problem.

Raise the Cigarette Tax to Fund Medicaid Shortfall?

The goal of Iowa's Tobacco Endowment is build a nest egg of $1 billion dollars over 25 years to provide funding for the programs currently receiving appropriations. The state securitized their share of the Multi-state settlement payments last year to create this endowment. After 25 years, the state will continue to receive their yearly payment from the tobacco industry.

The hope for these health programs was to be able to fund $55- $60 million dollars yearly from the interest created from the $1 billion endowment. This hope is quickly dwindling as the Legislature continues to take money out of the endowment for special non-health related projects. The Tobacco Free Coalition proposes increasing excise taxes on cigarettes with the goal of lowering consumption works. Many states, including all neighboring Iowa states, are facing reduced revenues and will be considering increasing the cost of a package of cigarettes, with the goal of also reducing cigarette consumption among kids. A recent study found that a 10 percent increase in the price of cigarettes would reduce overall youth smoking by over 13 percent. States that have increased their cigarette tax have enjoyed increased tax revenues and reductions in smoking.

For example: If Iowa increases the price of cigarettes by an additional 50 cents per pack, it would be projected to generate $115.3 million dollars and provide for long-term health savings of $323.4 million. Raising Iowa's 36 cent excise tax to $1.00 would do even more.

Use Tobacco Endowment Fund to support Medicaid?

On November 20, 1998, 46 states approved a settlement agreement with the four major tobacco companies. Those companies agreed to a settlement valued at $206.4 billion to be paid over 25 years to settle tobacco lawsuits. Iowa will receive approximately $1.9 billion of the total funds allocated for distribution of funds. From fiscal year (FY) 1998 to FY 2001 Iowa has received $144.4 million. In the 2000 General Assembly, the Tobacco Securitization Act passed and created the Tobacco Settlement Authority. The Act began the process necessary for the State to sell its future tobacco settlements. This created several funds, including the Endowment for Iowa's Health Account to hold the proceeds of any taxable or tax-exempt bonds issued to provide funds for health-related programs. In the 2001 session, in addition to funding the Healthy Iowans Tobacco Trust Fund, $40 million dollars was expended for Teacher Compensation Reform and Student Achievement Act. Should the Medicaid shortfall be funded from the Tobacco Endowment fund is a big question around the Statehouse.

Governor's Weekly Press Conference

Governor Vilsack also said that the state will create an "Iowa Portal" to offer citizens a convenient way to purchase licenses and registrations, pay traffic or court fees and transact other business with state government on a 24 hour, seven days a week basis from almost anywhere.

Vilsack said that electronic access to government services can save the state money while offering better service to Iowans. He said that the state will start with basic transactions, such as acquiring hunting and fishing licenses, motor vehicle registrations, traffic court payments and professional licensing for physicians, architects, realtors and others. He said that unemployment insurance filings, easier tax filings and other business and consumer services would be part of a later expansion of services.

INA LEGISLATIVE AGENDA AND PUBLIC POLICY ISSUES

1. Safeguarding the Board of Nursing: A study bill request has been filed on the House side; Senate side language has been drafted for "Session Only" language in the appropriations bill.

2. Award Funds through the Iowa College Aid Commission: House File 2036 and Senate 2091 are different versions with the same intent.

3. Maintain Tobacco Settlement for health care/Medicaid: Much discussion as reported. No bills.

4. Assure Collection of Nursing Workforce Data: SSB 3072 was introduced by Senator Redwine.

5. Assure Accountability in Patient Care: SF 2074 introduced by Sen. Bolkcom but amends nursing facilities instead of assisted living; changes to be sought.

6. Mandatory Overtime: Bills have been drafted and are expected to be introduced.

7. Mental Health Parity: Parity Day set for February 6; numerous bills on calendar-new bill expected.

8. Birth Centers: Contacts being made with Senate Human Resources about support for new amendment.

House Floor Action

HF 2075 TOBACCO SETTLEMENT REPAYMENT - Removes the time limit for repayment of Tobacco Settlement money used for the teacher pay program.

H-8005 by Cormack & Garman - Prohibits the appropriation of any funds from the tobacco settlement fun d until the current loan is repaid. FAILED

H-8011 by Murphy - Creates the Children First Fund, funded with the excess from the emergency funds (the state ending balance). FAILED

The House PASSED the Bill, 95-4; it now goes to the Senate

Resolutions

HR 105 COMMANDANT JACK DACK (Smith, Alons, et al.) Honors the work of Commandant Jack Dack of the Iowa Veterans' Home

Committees

Contact committee members to discuss your support or concerns. Go to www.legis.state.ia.us for email and regular mail addresses. Send your messages to let legislators know nurses care about legislative issues. Bills must be recommended for passage out of committees by February 22 to continue to be considered.

House

House Appropriations: Assigned to Subcommittee:

HF 2036 NURSING FORGIVABLE LOANS - Drake (C), Heaton, Mascher

HF 2132 SENIOR LIVING TRUST FUND - Heaton (C), Alons, Murphy

House Human Resources: Assigned to Subcommittee:

HF 2039 BODY PIERCING - Carroll (C), DeBoef, Kreiman

HF 2046 CHILD DRUG TREATMENT - Boddicker (C), Grundberg, Smith

HF 2055 CHIROPRACTOR HOSPITAL PRIVILEGES - Tymeson (C), Boddicker, Witt

HF 2096 ARNPS AS PRIMARY CARE PROVIDERS INRURAL HEALTH CENTERS - Boddicker (C), Carroll, Reynolds

HF 2118 PERSONAL NEEDS ALLOWANCE - Grundberg (C), Tymeson, Witt

HF 2120 PRESCRIPTION DRUG STUDY - Hoversten (C), Broers, Murphy

HF 2133 ANATOMICAL GIFT - Hoversten (C), Murphy, Roberts

HF 648 PEER REVIEW - Roberts (C), Broers, Witt

HF 2119 EMBRYO RESEARCH - Hoversten (C), Carroll, Kreiman

House Transportation: Assigned to Subcommittee:

HF 2123 CHILD SEATBELTS - Garman (C), Bukta, Weidman

Senate
Senate Commerce: Assigned to Subcommittee:

SF 2029 DIABETES INSURANCE COVERAGE - Maddox (C), Hansen, Jensen

Senate Human Resources: Assigned to Subcommittee:

SF 2023 BODY PIERCING - Schuerer (C), Boettger, Shearer

SF 2054 DRUG PURCHASING CO-OP - Tinsman (C), Harper, Veenstra

SF 2073 SENIOR LIVING TRUST - Tinsman (C), Behn, Holveck

SF 2074 NURSE ADMINISTRATORS - Miller (C), Harper, Tinsman

Senate State Government: Assigned to Subcommittee:

SF 2011 NURSE RETIREMENTS - Rittmer (C), King, Connolly

Bills Introduced of Interest to Nurses

House Files

HF 2119 EMBRYO RESEARCH (Alons, et al.) Prohibits destructive human embryo research. Makes it an aggravated misdemeanor to carry-out such research. (Human Resources) (See SF 2046)

HF 2120 INTERSTATE PRESCRIPTION DRUG STUDY (Murphy) Directs the DPH, along with the DHS, DEA, DOM, and DOP, to study the feasibility of establishing an interstate prescription drug purchasing co-op with other Midwestern states and report to the Legislature and Governor by December 15, 2002. (Human Resources) See SF 2054

HF 2123 CHILD SEATBELTS (Lensing) Requires that children under the age of 16 use seatbelts when riding in vehicles other than school buses. Requires that children under the age of 1, and under 20 pounds, be secured in a rear-facing restraint device. Allows a child under the age of 8 and more than 40 pounds to ride in the back seat of a car with just a lap belt if the care lacks a combination seatbelt. (Transportation) (See SSB 3046)

HF 2132 SENIOR LIVING TRUST FUND (Ford) Limits the use of funds in the Senior Living Trust Fund to conversion of existing nursing facility space and development of long term care alternative and, implementation and administration of long term alternative programs for low and moderate income persons up to $4 million annually. Directs funds are to be appropriated in excess of $4 million until the fund exceeds $200 million. (Appropriations)

HF 2133 ANATOMICAL GIFT (Ford) Makes an unrevoked anatomical gift document at the time of death of the donor to be binding without the consent of any other party. (See SF 2026) (Human Resources)

HF 2138 COLLEGE STUDENT AID WAIVERS (Education; Successor to HF 2013) Allows the College Student Aid Commission to waive or modify statutory or regulatory provisions if the President declares a national emergency due to a terrorist attack. (Calendar)

Senate Files

SF 2026 ANATOMICAL GIFT (Angelo) Makes an unrevoked anatomical gift document at the time of death of the donor to be binding without the consent of any other party. (Judiciary)

SF 2028 PARENTAL LEAVE UNEMPLOYMENT BENEFITS (Harper) Allows for person who take leaves of absence or leaves employment to be with a newborn or adoption in the first year after birth or placement receive 12 weeks of unemployment benefits and exempts such persons from the work search and non-voluntary unemployment requirements. (Business & Labor)

SF 2029 DIABETES INSURANCE COVERAGE (Maddox) Requires third-party insurance contracts cover diabetes costs. (Commerce)

SF 2064 DOMESTIC VIOLENCE LICENSE PLATES (Dvorsky) Creates a special domestic violence license plate emblem. Sets the fee at $35. Authorizes the emblem to be designed by the DOT and the Coalition against Domestic Violence. Authorizes the Attorney General to use the fees for domestic violence programs. (Transportation)

SF 2067 BODY PIERCING (Human Resources; Successor to SF 2023) Requires a person who runs a body piercing shop to have a state permit. Requires that a minor have written consent from a parent before having any body piercing. Requires the Department of Public Health to establish forms and procedures and to enforce the provisions of this bill.

Floor Manager: Schuerer

SF 2073 SENIOR LIVING TRUST (Bolkcom) Limits the use of funds in the Senior Living Trust Fund to the conversion of existing facilities and to administer long-term care alternatives. Limits the spending on long-term care alternatives to $4 million a year. Makes other funding directives. (Human Resources)

SF 2074 NURSE ADMINISTRATORS (Bolkcom) Requires licensed health care facilities which employ nurses to hire a nurse administrator to oversee nursing services. Requires the nurse administrator to be a licensed nurse. Gives the DIA enforcement powers over these provisions. (Human Resources)

SF 2091 NURSE RECRUITMENT (Boettger) Creates the Nurse Recruitment Program administered for the College Student Aid Commission. Creates three sub-programs within the Nurse Recruitment Program, 1) Forgivable Loan Program; 2) Tuition Scholarship Program; and, 3) Registered Nurse Repayment Program. Creates the Registered Nurse Revolving Fund. Sets standards for the various programs. (Education)

Study Bills

HSB 566 OSHA HEARINGS (Judiciary) Prohibits the Labor Commissioner from identifying an employee witness in a OSHA hearing more than 10 days in advance. (DWD) Raecker (C), Wilderdyke, Shoultz

HSB 570 RESIDENT ADVOCATE DUTIES (Human Resources) Eliminates the requirement that the Department of Inspections and Appeals advise the resident advocate committee when the Departments proceeds with an action for receivership or emergency removal of residents based on a denial, suspension, or revocation of a health care facility license. Ends requirement that the Department obtain the advice of the resident advocate committee when the Department determines the health, safety, or welfare of the residents is in immediate danger and orders the removal of residents and judicial review is pending. Ends requirement that a copy of the complaint filed with the resident advocate committee or long-term care resident's advocate be forwarded to the DIA but does allow it to be forwarded. Makes other changes. (DEA) Broers (C), Wilderdyke, Witt

HSB 577 UNIFORM ANATOMICAL GIFT ACT (Human Resources) Allows certified "documents of gift" include driver's licenses, non-operators id card entry on a donor registry. Adds peace officer, fire fighter, and EMS personnel who may release of certain patient information to organ procurement organizations. Hoversten (C), Boal, Murphy

SSB 3046 CHILD SEATBELTS (Judiciary) Requires that children under the age of 16 use seatbelts when riding in vehicles other than school buses. Requires that children under the age of 1, and under 20 pounds, be secured in a rear-facing restraint device. Allows a child under the age of 8 and more than 40 pounds to ride in the back seat of a car with just a lap belt if the care lacks a combination seatbelt. Boettger (C), Miller, Hammond

SSB 3049 ORGAN DONATIONS (Human Resources) Includes an organ donation statement on a driver's license and an entry in a donor registry as a document of gift for organ donation purposes. Defines donor registry. Allows medical examiners, fire fighters, police officers and EMS workers to release information to organ procurement organizations. Boettger (C), Redwine, Dvorsky

SSB 3072 HEALTH CARE PROFESSIONAL DEVELOPMENT OFFICE (Human Resources) Creates the Office Of Health Care Professional Development within the DPS. The primary duties of the Office is to develop, implement, and maintain a sustainable workforce of health care professionals. Boettger (C), Miller, Shearer

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