FIRST FUNNEL

Iowa General Assembly's effort to reduce the number of bills to consider is called the funnel. The first deadline for bills to make in order to continue to be eligible for consideration is February 22. This is the time to push your issues to come out of committee.

INA Lobby Days February 27 & 28

Register for Lobby Days! Two days of guided lobbying of state legislators on issues of importance to nurses are offered Wednesday and Thursday with a Thursday morning continental breakfast. Tables will be available on the first floor of the Capitol to feature various nursing specialty organizations.

A three-hour CE program will be offered the evening of February 27 from 6:30-9:30 p.m. on staffing and mandatory overtime. Featured speakers will be Lt. Governor Sally Pederson, federal mediator Rosemary Hayes, ANA Workplace Advocacy Specialist Rebecca Wiseman. INA members will have a panel discussion about staffing and mandatory overtime. Registration is $10 for students, $20 for members and $40 for non-members. After February 15, registration increases by $10. Call the INA office at 515/225-0495 to register or check out the web page at http://www.iowanurses.org.

Governor Item Vetoes Medicaid Supplemental Appropriations

On February 8, Governor Vilsack vetoed several line items of HF 2245. Those vetoes of what the legislature passed were:

• Shift of any remaining funds in the Hospital Trust Fund after the first $7 million is appropriated to replace the $2.5 million in the Tobacco Endowment. By vetoing this provision, any funds remaining in the Hospital Trust Fund will be transferred to the Senior Living Trust.
• Reduction of the DHS appropriation by up to $7 million if federal funds not received.
• End to continuous eligibility (imposition of reporting requirements).
• Imposition of co-payments on prescriptions.
• Requirement for dual certification of nursing homes in the Medicare and Medicaid programs.

Governor Proposes using $120 million from the Emergency Fund

Governor Vilsack said that the state needs to take $120 million from the state reserve funds in order to avoid additional spending cuts of up to 2.6% in the last quarter of the FY 2002. Vilsack aid that the state will not meet the FY 2002 revenue growth estimate of 1.5% growth in FY 2002, and is likely to see a decline of 1% by the end of FY 2002. Vilsack said that without the shift, his only option is an across-the -board cut. The state has already made an across-the-board cut in November, with some selected spending restorations. However, the Governor said that every state agency, except for the Department of Public Defense, has seen a budget cut this year and that the state has already reduced its workforce by 1800, through early retirements, lay-offs and by leaving positions unfilled. He said that he did not believe that enough selected cuts could be found in the rest of state budgets.

Vilsack said that after reviewing the situation, he is confident that the state has the money to take money out of the reserve funds and sill pay its bills on time without being concerned about cash flow. Vilsack said that while the state does face a revenue problem, it still has several hundred million in various non General Fund budget, unlike the early 90's, when the state faced a budget deficit of $400 million and had no reserves.

He said that it is too late in the year to make this entire shortfall up in one quarter by additional budget cuts because the cut would be the equivalent of a 10% cut. The Governor said that unless the Legislature agrees to shift the funds from the reserve fund, the state faces "drastic, disastrous cuts" in education and other areas. The Governor also said that he will offer several other budgeting changes, including reducing spending in FY 2004 to 98% in order to refill the reserve funds faster, and reducing the budget proposals that he made this year to reflect the overall decline in state revenues in the base budgets for departments. Governor Vilsack said that he hopes that he and legislators can reach an agreement on FY 2002 by March 1. Vilsack has asked the REC to move up its March 7 meeting to sometime next week so that the Governor and the Legislature will have a final estimate for FY 2002. The REC could meet as early as February 21 or 22.

Iowa Reserve Funds

Democrats Support Governor

Senator Gronstal said that state is facing the sharpest drop in revenues in 50 years. Gronstal said that the Governor's plan is a better idea than any decision which leads to cutting education spending further. Gronstal said that in the 1980's the Legislature cut education in response to budget problems, leading to the loss of" a generation of Iowans to other states."

Republicans Make Cuts, Call for Additional Cuts

Republican leaders said that they will immediately implement a 2.6% cut for all legislative departments for FY 2002. Senator Iverson said that the Republicans believe that the responsible choice is to cut their own budget first and then find more inefficiencies in state government that can be eliminated.

Rep. Rants said that the reserve fund should be used only as a last resort.

Republican leaders said that the cuts could lead to employee furloughs. Legislative departments will also need to resubmit their budgets for FY 2003 to assume a 0% growth rate. Speaker Siegrist said that the Legislature has taken on additional costs, such as the increased security costs and the CASA program, but that overall, the Legislature's budget will be smaller than in the past.

FLOOR DEBATE

HF 2192 INTERSTATE PRESCRIPTION DRUG STUDY - 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.

HF 2247 RESIDENT ADVOCATE DUTIES - 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. PASSED House.

COMMITTEE ACTION

House Commerce: Voted Out:

HSB 510 HEALTH CARE FACILITY REPORTS - Allows for the public release of findings of the results of an inspection of a health care facility. Allows the facility to contest the findings.
AMENDED & PASSED, 13-7; Floor Manager: Hoffman

House Human Resources: Voted Out:

HF 2096 ARNPS AS MEDICAID PRIMARY CARE PROVIDERS - Makes advanced registered nurse practitioners primary care providers for Medicaid managed care. PASSED, 20-0; Floor Manager: Boddicker

HF 2046 CHILD DRUG TREATMENT - Prohibits public and private school employees except those with medical training from recommending that a child be put on psychotropic drugs.
AMENDED & PASSED, 16-3; Floor Manager: Boddicker

HSB 597 WELL-BEING VISITS - Authorizes the DHS to conduct well-being visits to families which have lost their cash assistance under FIP, if funding is available, on an optional basis. Effective immediately. PASSED, 16-3; Floor Manager: Boal

House Judiciary: Voted Out:

HSB 612 VIOLENCE AGAINST WOMEN - Allows the Department of Justice, Victim Assistance Program to administer the Violence Against Women program and grants received under the federal Violence Against Women Act. PASSED, 20-0; Floor Manager: Grundberg

Senate Appropriations: Voted Out:

HF 2075 TOBACCO SETTLEMENT REPAYMENT - Removes the time limit for repayment of Tobacco Settlement money used for the teacher pay program. PASSED, 20-3, Floor Manger: Lamberti

SSB 3054 REGENT BONDS - Allows the Board of Regent to issue bonds for construction, repair, and equipment for the University of Iowa hospitals and clinics. PASSED, 23-0, Floor Manger: Lamberti
(See HSB 545, SF 2168)

Senate Business & Labor: Voted Out:

SSB 3003 WORKERS COMPENSATION - Keeps records which could identify an injured employee, or the employee's dependent, confidential. Includes exempt household and agricultural workers under workers' compensation if those workers are covered by a workers' comp insurance policy. Prohibits health care providers from seeking payment for fees from employers when the provider and the insurance company are disputing the fee. Prohibits debt collection against an employer during a contested case proceeding. Defines a day of incapacity to mean eight hours and allows those hours to be collected over more than three days. Prohibits insurance plans from denying benefits to an employee because of a dispute over the employer's liability. PASSED, 14-0; Floor Manager: McKibben (See SF 2190)

Senate Education: Voted Out:

SF 2091 NURSE RECRUITMENT - 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. PASSED, 14-0; Floor Manager McKinley

Senate Human Resources: Voted Out:

SSB 3103 OUT OF HOSPITAL RESUSCITATE - Directs the DPH to develop a standard form and personal identifier for Do Not Resuscitate Orders outside a hospital setting. Makes a serious misdemeanor to destroy or conceals such orders. Floor Manager: Schuerer (See HSB 623)

SSB 3049 ORGAN DONATIONS - 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. PASSED, 13-0; Floor Manager: Boettger

SSB 3104 FEMALE GENITAL MUTILATION - Makes it a Class C felony to mutilate female genital tissue. Makes exceptions for medical procedures. Prohibits the use of custom as a defense. Requires the DPH to carry on education efforts, and to seek private funds for the work. PASSED, 12-0; Floor Manager: Boettger
(See SF 2179)

COMMITTEE ASSIGNMENTS

House Education: Assigned to Subcommittee:

HF 2228 PHASE III MONEY - Carroll, Grundberg, Wise

HF 2299 MENTORING PROGRAM - Carroll, Grundberg, Winckler

HF 2329 SCHOOL NURSES AND OTHERS - Carroll, Grundberg, Wise

House Human Resources: Assigned to Subcommittee:

HF 2256 NURSING CARE SUPERVISION - Klemme, Quirk, Rayhons

HF 2264 INFORMED CONSENT - Boal, Boddicker, Foege

HF 2283 HIV TRANSMISSIONS - Carroll, Brunkhorst, Foege

HF 2286 CHINA HEARINGS - Roberts, Boddicker, Tremmel

HF 2287 VETERANS HOME ADVOCATE - Tymeson , Broers, Ford

HF 2222 DETERMINATION OF DEATH - Roberts ©, Boal, Ford

House Judiciary: Assigned to Subcommittee:

HF 2273 CHINA DEFINITIONS - Boddicker (C), Grundberg, Kreiman

Senate Appropriations: Assigned to Subcommittee:

SF 2149 COMMUNITY COLLEGE SALARIES - Redfern , Horn, Lamberti

Senate Human Resources: Assigned to Subcommittee:

HF 2190 INTERNATIONAL ADOPTIONS - Behn, Hammond, Miller

HF 2192 PRESCRIPTION DRUG STUDY - Harper, Redwine, Schuerer

SF 2170 EMS FUND DISTRIBUTIONS - Schuerer (C), Behn, Harper

Senate State Government: Assigned to Subcommittee:

SF 2127 HOSPITAL OVERTIME - King, Bolkcom, Maddox

BILLS INTRODUCED OF INTEREST TO NURSES

HF 2256 NURSING CARE SUPERVISION (Mascher, et al.) Requires health care facilities to employ at least Nurse Administrator to oversee and review nursing services. Requires the Administrator to be a licensed nurse or physician. (Human Resources)

HF 2264 INFORMED CONSENT (Boddicker, et al) Requires that women be given specific information to be developed by the DPH, on alternatives by a doctor before an abortion can be performed. Establishes exceptions for emergencies. Effective October 2003. (Human Resources) (See SSB 3109)

HF 2273 CHINA DEFINITIONS (Kreiman) Defines a Child in need of assistance (CHINA), a child who was in the presence of a parent, or other household member who committed domestic abuse, and the abuse resulted in physical or emotional injury to the child (Judiciary)

HF 2283 HIV TRANSMISSIONS (Kreiman) Allows a care provider to transmit information related to a person's HIV status on a radio communication system if the provider does not include personal identifiers. Defines care providers to mean fire fighters, police officers and EMS and health providers. (Human Resources)

HF 2295 MEDICAL ERRORS RESEARCH (Ford) Directs the DPH to establish an initiative to address patient safety by identifying medical error and record such events. (Human Resources)

HF 2307 COMMUNITY COLLEGE SALARIES (Mascher) Declares the General Assembly's intent that General Fund money appropriated for community college employees be appropriated separately from other money appropriated for community colleges. (Appropriations)

HF 2308 COLLEGE TUITION COSTS (Hoversten) Directs that higher education costs include room and board in calculating the cost of attendance for federal financial aid programs. Increases the maximum contribution that is deductible from the Iowa Income Tax to $3,000 per beneficiary per year. Effective upon enactment and retroactive to January 1, 2002. (Education)

HF 2318 CHILD DRUG TREATMENT (Human Resources; Successor to HF 2046) Prohibits public and private school employees except those with medical training from recommending that a child be put on psychotropic drugs. Allows to a school employee while discussing with a parent that a child be medical examined. Floor Manager: Boddicker

HF 2321 MASSAGE THERAPY STUDY (Reynolds) Directs the DPH and the Board of Examiners for Massage Therapy to study the modalities associated with the practice of massage therapy and report to the General Assembly by January 15, 2004. Effective upon enactment. (Human Resources)

HF 2324 HEALTH FACILITY STAFFING (Warnstadt) Establishes staffing requirements for health facilities. Establishes a private right of action and civil penalties. (Human Resources)

HF 2329 SCHOOL NURSES AND OTHERS (Winckler, et al.) Adds school nurses, counselors, and media specialists to the Student Achievement And Teacher Quality Program (Education)

HF 2330 ENDOWMENT FUND (Smith, et al.) Creates the Early Childhood Endowment Fund, to be filled by the ending balance. Mandates coverage for mental illness and alcohol and substance abuse in insurance contracts. Contains additional duties for state agencies, and other provisions related to safe and healthy families. (Human Resources)

HF 2333 INTERNET PHARMACIES (Heaton) Requires pharmacies that use the internet or e-mail to be licensed as an in-state or nonresident pharmacies and show in a conspicuous manner that it meets federal standards. Prohibits limits or waiver of liability. Set a civil penalty of $25,000 for violation. (Commerce)

HF 2340 WELL-BEING VISITS (Human Resources; Successor to HSB 597) Authorizes the DHS to conduct well-being visits to families which have lost their cash assistance under FIP, if funding is available, on an optional basis. Effective immediately. Floor Manager: Boal

HF 2342 HEALTH CARE FACILITY REPORTS (Commerce; Successor to HSB 510) Makes the findings of an inspection at a health care facility which are not the final findings public records but does not require the facility to past the findings. Allows the findings related to a citation to be withheld from release if the facility requests a formal hearing. Requires that if contested findings from an informal hearing are released in a report card format, the report must indicate that the findings are contested. Requires the report card to be updated after a final action in the case. Floor Manager: Hoffman

HF 2345 VIOLENCE AGAINST WOMEN (Judiciary; Successor to HSB 612) Allows the Department of Justice, Victim Assistance Program to administer the Violence Against Women program and grants received under the federal Violence Against Women Act. Floor Manager: Grundberg

HF 2352 FREE HEALTH CLINIC CHECK-OFF (Elgin & Shey) Creates an income tax check-off to allow taxpayers to pay $3 or more into a fund for free health clinics. Authorizes the DPH to award the monies in the fund. (Ways & Means) (See SF 2177)

HF 2355 MH/DD/MR ALLOWED GROWTH (Carroll) Requires a county to levy the maximum amount for the MH/DD/MR services fund in order to receive the state allowed growth payment for those services as of FY 2004. Divides the funds from the ineligible counties among the eligible counties. (Local Government)

Senate Files

SF 2132 NURSING DATABASE (Lundby) Requires Public Health (DPH) to create a nursing workforce database. Authorizes the DPH and other medical groups to use the database to create projections about potential nursing shortages. Contains related provisions. (Human Resources)

SF 2138 VIOLENCE AGAINST WOMEN (Judiciary; Successor to SSB 3098) Allows the Department of Justice, Victim Assistance Program to administer the Violence Against Women program and grants received under the federal Violence Against Women Act. Floor Manager: Tinsman (See HSB 612)

SF 2142 TEACHER PROGRAM (Fink) Strikes language regarding the Student Achievement & Teacher Quality program, except for language regarding beginning teachers. Requires an appropriation of state money for the beginning teacher program in order to require participation. Strikes language regarding holding an evaluator license. (Education)

SF 2155 OUT OF HOSPITAL RESUSCITATE (Human Resources; Successor to SSB 3103) Directs the DPH to develop a standard form and personal identifier for Do Not Resuscitate Orders outside a hospital setting. Makes a serious misdemeanor to destroy or conceals such orders. Floor Manager: Schuerer (See HSB 623)

SF 2170 EMS FUND DISTRIBUTIONS (Tinsman) Requires the DPH to prorate the distribution of funds from the EMS service funds if the requests by counties exceeds the amount of money in the fund. (Human Resources)

SF 2177 FREE HEALTH CLINIC CHECK-OFF (Lundby) Creates an income tax check-off to allow taxpayers to pay $3 or more into a fund for free health clinics. Authorizes the DPH to award the monies in the fund. (Ways & Means) (See HF 2352)

SF 2179 FEMALE GENITAL MUTILATION (Human Resources; Successor to SSB 3104) Makes it a Class C felony to mutilate female genital tissue. Makes exceptions for medical procedures. Prohibits the use of custom as a defense. Requires the DPH to carry on education efforts, and to seek private funds for the work. Floor Manager: Boettger

SF 2187 IPERS RETIREES (Fiegen) Allows an IPERS retiree to return to work at a school and to earn up to $50,000 before benefits are cut. Requires the retiree to wait one month before returning to work. (State Gov)

SF 2188 EMERGENCY FUND (Fiegen) Makes the maximum balance of the Economic Emergency Fund $1.5 billion. Authorizes spending for other years than the current fiscal year in times of recession. (State Gov)

Study Bills

Study bills are a working draft that allow for greater amendment and changes than regular files. There are restrictions to the degree house or senate files can be amended, so study bills are introduced to increase the flexibility for rewording and changing the language. When a bill is ready to move on through the bill-making process, it is redrafted as a house or senate file and given a new number to be tracked.

House Study Bills

HSB 650 AEA REORGANIZATION (Education) Makes changes in the procedures and deadlines for reorganizing or dissolving an Area Education Agency. (DOE) Brunkhorst (C), Eddie, Foege

HSB 637 WORKER'S COMP REDUCTION (Labor) Reduces an employer's workers compensation liability in cases of permanent partial disability if the worker had a portion of that disability preexisting and wasn't due to a work related injury under the same employer. Reduces an employer's permanent partial and permanent total disability liability to the degree that the worker has already been paid under workers compensation. Raecker (C), Dotzler, Wilderdyke (See SSB 3117)

HSB 650 AEA REORGANIZATION (Education) Makes changes in the procedures and deadlines for reorganizing or dissolving an Area Education Agency. (DOE) Brunkhorst (C), Eddie, Foege

HSB 659 UNFAIR INSURANCE PRACTICES (Commerce) Makes certain conditions and reciprocal agreements between an insurer and a health care provider unfair insurance practices.
Hansen (C) Van Fossen , Chiodo

HSB 661 EDUCATION CHANGES (Education) Makes changes for K-12 schools and community colleges in a number of programs. Adds requirements for the state board of education to adopt rules regarding school improvement plans. Requires reporting by schools on a variety of educational measures. Specifies how across the board cuts affect state aid. Makes changes to the job training tax credits. Contains other related provisions.
Grundberg (C), Brunkhorst, Wise

Senate Study Bills

SSB 3117 WORKERS COMP REDUCTION ( Business & Labor) Reduces an employer's workers compensation liability in cases of permanent partial disability if the worker had a portion of that disability preexisting and was not due to a work related injury under the same employer. Reduces an employer's permanent partial and permanent total disability liability to the degree that the worker has already been paid under workers compensation. (See HSB 637)

SSB 3137 HOSPITAL CHECKS (Human Resources) Authorizes hospitals to have access to the abuse registries for the purpose of employment checks. Redwine (C), Shearer, Boettger

SSB 3138 MEDICAID PAYMENTS (Human Resources) Requires the DHS to implement specific recommendations from the rehabilitative services provider regulation and continuous quality improvement work group in regards to Medicaid payments for rehabilitative services. Veenstra (C), Hammond, Behn

SSB 3140 OVERSIGHT RESPONSIBILITY (Oversight) Transfers certain duties, including reviewing community health centers, performed by DHS to DIA and the DPH. Makes other changes in departmental duties. Authorizes the elimination of certain services performed at the Mt. Pleasant MHI if the DHS co-locates its unit for sexually violent offenders there. Makes other changes in oversight responsibility. Makes language corrections. (Governor) Lundby (C), King, Shearer