LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
Volume 4, Number 28 March 15, 2002

The Second Funnel Ends; Legislators Look Ahead

The Senate finished the funnel week with a burst of committee action, passing another 20 bills out of committee during the course of the day. The House split its time between work on the floor and committee work.

Speaker Siegrist said that the House will let the Senate take the lead on the mental health parity bill. Senator Kramer said that she is working on a mental health parity bill. Kramer said the bill will not require coverage and instead will create incentives to encourage small businesses to offer health benefits that include coverage for mental health. Kramer said that coverage for substance abuse will not be part of the bill. In an attempt to keep the issue alive, SF 2289 was rereferred to Senate Ways & Means so that a tax credit for employers can be added to the bill and also keep it alive for this session.

Senate Democrats said that they support bringing out a mental health parity bill. They said that most Iowa insurance policies fail to adequately cover mental health services and that any bill on the issue should also include substance abuse coverage.

Senator Gronstal said that he is disappointed that Republicans have not set budget targets or to have drafts of some of their bill proposals out. Gronstal also said that the proposals for mental health coverage that he has seen will not lead to increased coverage or to lower costs. Gronstal said that the mandated offer proposal, which will require insurance companies to offer supplemental mental health coverage, does not spread risks and will not save consumers any money.

1. Safeguarding the Board of Nursing (Support): Appropriations chairs Lamberti and Millage stated they are reluctant to allow for fee increases in the Appropriations bill (no bill number yet). As a result Board of Nursing will suffer a further reduction in staff and services.

2. Award Funds through the Iowa College Aid Commission (Support): Senate File 2191 has been rereferred to Senate Appropriations for consideration; House File 2036 is different version with $500,000 from tobacco monies and is in House Appropriations Committee. No movement this week. Contact your legislator to support.

3. Mental Health Parity (Support): Senate File 2289 was referred to Ways & Means Committee for a tax credit to small employers for adding coverage. See article in this issue. Bill remains alive. Much negotiation on specific language.

4. ARNPs as Medicaid Primary Care Providers (Support): HF 2382 died in the funnel. Attempt will be made to include in Medicaid appropriations language.

5. IPERS (Support): HF 2532 was recommended by Senate State Government and remains alive. It removes restrictions for all categories of employees.

6. Child Drug Treatment: HF 2318 passed the House and was assigned to Senate Human Resources. It did not get recommended for passage.

7. Department of Public Health Bill: HF 2547 was amended to leave disciplinary fees from licensing boards at $75 for actions filed.

8. School Nurses Recognized in Teacher Pay Plan (Support): HF 2549 Student Achievement and Teacher Quality Plan now includes language for a study of inclusion of school nurses in the teacher pay plan.

9. Organ Donor Network (Support): SF 2195 was recommended for passage and remains alive.

10. Funding the Fiscal Year 2003 Budget: Governor states that Elderly Wellness, Medicaid and other programs will not be cut further in FY03 budget. Contacts need to be made with legislators to support the Governor's recommendations for no further cuts. Tobacco settlement monies would be used for core public health functions, trauma and EMS, prevention initiatives, poison control center, and childhood lead prevention.

• Appropriations for local schools

This is the $59 million originally proposed by the Governor and $1.2 million in additional aid for English as a Second Language Classes

• Higher Education

The protected areas include scholarship and tuition assistance for college and university students, support for community colleges and support and salaries for the Regent's universities and the special schools

• Public Safety

This includes the Department of Public Defense, the Department of Public Safety, the Department of Corrections institutions and Community-Based Services

• Human Services

This is includes the Department of Elder Affairs, the Department of Human Services, the Veterans' Home, the Elderly Wellness services in the Department of Public Health

• The Courts

Indigent defense and the Public Defender are also protected from further cuts

• The Legislature
• Salary Adjustments for State Workers
• The Department of Natural Resources

11. Medicaid Shortfall Funding (Support): HF 2245 passed and sent to Governor. Governor signed and itemed vetoed sections of the bill.

12. Funding the Fiscal Year 2002 Budget: Senate File 2304 was signed by the Governor on March 1. The $120 million FY02 shortfall was funded in part by using the Cash Reserve Funds (Rainy Day funds). The Elderly Wellness portion of the Dept of Public Health budget (funds elderly wellness clinics, local public health nursing and homemaker aides) will be cut by $101,000 in FY 02 and FY 03. Medicaid was protected from cuts. State employees will be furloughed.

13. Assure Collection of Nursing Workforce Data (Support): HF 2211, SF 2132. Bills not recommended.

14. Assure Accountability in Patient Care (Support): Bills not recommended.

15. Mandatory Overtime (Support): SF 2127 similar to ANA model language and bill passed in New Jersey, Maine, Oregon and Washington State. Bill not recommended.

16. Birth Centers (Support) SF 390: Intense lobbying by medical societies killed the bill.

17. ARNPs Sign Death Certificate (Support): HF 2222 failed to come out of committee.

18. HIV Transmission (Oppose): SSB 3078 and HF 2283 would allow individual names to be transmitted over radio-based communications systems. Failed to come out of committee.

For a subject listing of all bills of interest to nursing, check out the webpage http://www.iowanurses.org or call the INA office at 515/225-0495.

Governor Vilsack said that the Legislature should reject a bill, HF 648, designed to allow nursing homes to set up internal quality assessments committees to review problems, investigate operations, and keep the information confidential from the public. He said that the Legislature should be working on bills with more disclosure, not less.

Senator McKibben, the chair of the Senate Ways & Means Committee and the chair of the subcommittee on SSB 3183 said that the bill would not move out of committee unless Governor Vilsack agrees to support the bill. McKibben said that the only way that Republicans will consider changing the current local option school sales tax to a statewide sales tax is if the money goes to property tax relief, or to school infrastructure purposes. McKibben said that the 60% approval level is also crucial component of the bill. In the House, Rep. Hoffman, who chairs the subcommittee, is working on the bill on Wednesday morning.

HF 2487 CHILDREN'S HOSPITAL - Directs the DHS to designate a children's hospital meeting the criteria for a voting member of the National Association Of Children's Hospitals And Related Institutions as qualifying member for the receipt of disproportionate share hospital payments under Medicaid. Directs the DHS to seek a waiver.

The Senate PASSED the Bill, 46-0; it now goes to the Governor

SF 374 OPTOMETRIST TREATMENTS - Allows therapeutically certified optometrist to use all diagnostic and therapeutic agents to treatment the eye. Makes exceptions.

H-8066 by Human Resources - Allows the Optometry Board to adopt emergency rules. ADOPTED

The House PASSED the Bill, as amended, 92-2; it now returns to the Senate

HF 2534 PHYSICIAN ASSISTANT CARE - Allows a licensed physician assistant to render care during an emergency or state or local disaster without the supervision of a physician or physicians specified in the license but under the supervision of any available physician. Grants immunity except for gross negligence or reckless, wanton, or intentional misconduct or if the medical care is rendered in the normal place where the physician assistant renders care.

H-8131 by Tymeson - Extends the criminal and civil immunity to all physicians, physicians' designees, physician's assistants, and advanced registered nurse practitioners who respond to a state or local disaster. ADOPTED The House PASSED the Bill, as amended, 90-4; it now goes to the Senate

HF 2430 MH/DD COMMISSION - Transfers some of the duties of the state-county management committee to the MH/DD Commission. Makes changes in the commission's membership. Transfers rule-making authority to the Commission from the Council on Human Services.

H8238 by Carroll - Changes representation on the Commission to include 3 county supervisors, 2 DHS representatives, 3 providers, 3 consumers/family members, 2 advocates, 1 active board member of a community mental health center, 1 active member of an agency serving persons development disability, & 1 ASFSCME representative. ADOPTED The House PASSED the Bill, as amended, 90-0; it now goes to the Senate

HF 2488 ELDER AFFAIRS CHANGES - Updates Elder Iowans Act to conform with federal names. Changes references as necessary. The House PASSED the Bill, 90-0; it now goes to the Senate

HF 2507 ANTHRAX PENALTIES - Makes the possession of anthrax a Class C felony and the distribution of anthrax a Class B felony. Makes an exception for persons who have anthrax for reasons authorized under federal law. The House PASSED the Bill, 92-1; it now goes to the Senate

HF 2547 PUBLIC HEALTH - Makes various changes to certain programs and public health issues.

H-8232 by Roberts - Exempts hospital substance abuse treatment programs from licensing requirements if accredited by an organization recognized by the Commission on Substance Abuse. Strikes references to audiologists. Strikes the fee increase the examining board may charge for conducting a disciplinary hearing. Makes other changes. ADOPTED

H-8274 by Van Fossen - Adds chiropractors to the Volunteer Health Care Provider Program

The House PASSED the Bill, as amended; it now goes to the Senate

HF 2549 STUDENT ACHIEVEMENT & TEACHER QUALITY - Directs the State Board of Education to adopt rules to establish standards for career development plans. Extends the period that teachers can apply for national board certification to 2005. Changes standards for an appeal by a beginning or probationary teacher in regards to decisions about licensing as a career teacher. Allows AEAs to use state assistance for beginning teacher programs. Makes deadline changes in implementing certain programs. Makes other changes and adds intent language regarding an advanced teacher pilot program.

H-8260 by Winckler - Adds school nurses, media specialists, and counselors to the list eligible to receive benefits under the Student Achievement & Teacher Quality Program.

H-8261 by Winckler - Technical Correction. ADOPTED

H-8260 as amended. FAILED

H-8107 by Mascher - Strikes the 3 year extension to the National Board Certification awards and transfers funds to increase veteran teacher pay. FAILED, 26-42

H-8151 by Mascher - Transfers practice exam program to veteran teacher pay. FAILED

H-8204 by Carroll - Allows local school boards decide the ages which to provide early retirement incentives. ADOPTED

H-8234 by Wise - Adds preschool teachers to list of individuals who can participate in teacher development program.

H-8265 to 8234 by Winckler - Directs the DOE to consult with various persons and organizations in developing model standards. FAILED

H-8252 to H-8234 by Carroll - Directs the DOE to conduct a study to include other who hold a practitioner's license in the Student Achievement & Teacher Quality Program. ADOPTED

H-8258 to H-8234 by Carroll - Directs the DOE to conduct a study to include nurses, school social workers and others in the Student Achievement & Teacher Quality Program. ADOPTED

H-8234 as amended. ADOPTED

H-8237 by Carroll - Adds language regarding the requirements for school boards to put into place standards for the comprehensive evaluations for beginning teachers who wish to progress to career teachers. Allows teaching standards, other than those for beginning teachers to be subject to collective bargaining. Contains other language regarding evaluations.

H-8257 to H-8237 by Carroll - Technical correction. ADOPTED

H-8237 as amended. ADOPTED

H-8166 by Winckler - Makes teachers with 15 or more years of experience Career II teachers. FAILED, 42-49

H-8114 by Mascher - Requires the DOE report on the use of school district contract days.

H-8105, 8110, 8239 - WITHDRAWN

H-8260, 8252, 8262, 8263 - OUT OF ORDER

The House PASSED the Bill, as amended, 94-0; it now goes to the Senate

HF 2552 CHILD ABUSE INTERVIEWS - Requires a child abuse assessment interview be offered to a person to explain or rebut allegations made before the determination or assessment. The House PASSED the Bill, 92-0; it now goes to the Senate

HF 2416 CARE HOMES - Increase the number of persons with mental retardation or other medical assistance program who can live in one home or community based center to six.

H-8277 by Carroll - Limits persons with mental retardation who can live in one home or community based center to four.

H-8288 to H-8277 by Carroll - Limits the approval of certain available beds to ten in the next years ADOPTED

H-8277 as amended. ADOPTED

H-8189 & 8190 - WITHDRAWN

The House PASSED the Bill, as amended, 94-0; it now goes to the Senate

HF 2578 MEDICAID ELIGIBILITY - Increases the level of resources that will not be considered when determining Medicaid eligibility to $30,000. Allows retirement accounts, medical savings accounts, and assistive technology accounts as sources that may be disregarded. Requires all assistance eligible individuals to pay a premium based on a sliding fee schedule.

The House PASSED the Bill, 94-0; it now goes to the Senate

Senate Floor Action

SF 2200 WORKER'S COMP REDUCTION - Reduces an employer's workers compensation liability in cases of permanent partial disability if a portion of that disability was 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.

S-5147 by Fiegen - Allows for a reduction in the payment for a previous permanent partial disability if a worker who was previously injured returns to work and is injured a second time, unless the worker had been completely rehabilitated. Limits the reduction to no more than the amount that the worker had previously been paid. FAILED, 21-26

S-5148 by Behn - Strikes "permanent total disability" and "medically quantifiable" references. ADOPTED

S-5149 by Dearden - Requires that any reduction in liability due to the apportionment be passed to the employer and not to the workers compensation insurer. FAILED, 18-27

The Senate PASSED the Bill, as amended, 26-21; it now goes to the House

 COMMITTEE ACTION

House Action

House Human Resources: Voted Out:

SF 2179 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 16 -2 Floor Manager: Smith

SF 2195 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. Makes a document of gift that is not revoked sufficient authority for an organ donation without Defines the donor registry. Allows medical examiners, fire fighters, police officers and EMS workers to release information to organ procurement organizations. Grants them immunity from liability for good faith attempts to comply with the organ donation laws. Includes funeral establishments or directors in the immunity from liability for good faith attempts to comply with the organ donation laws. PASSED 18 -0 Floor Manager: Tymeson

SF 2231 HOSPITAL CHECKS - Authorizes hospitals to have access to the abuse registries for the purpose of employment checks. Allows a hospital to establish a single contact repository. PASSED 18 -0 Floor Manager: Hoversten

SF 2205 CHILD DEVELOPMENT HOMES - Changes the name of Child Care Homes to Child Development Homes. Lowers the maximum number of children in an unregistered from six to five. Reduces categories of facilities from four to three. Directs the Department of Human Services to administer standards for child care centers. Strikes provisions requiring the DHS to adopt rules which require a separate area in some child care homes for sick children. Requires the DHS to consult with the DPH on the qualifications for child care center category. PASSED, 17-2; Floor Manager: Boal

HF 2487 CHILDREN'S HOSPITAL - Directs the DHS to designate a children's hospital meeting the criteria for a voting member of the National Association Of Children's Hospitals And Related Institutions as qualifying member for the receipt of disproportionate share hospital payments under Medicaid. Directs the DHS to seek a waiver. PASSED, 16-0; Floor Manager: Kramer

HF 2549 STUDENT ACHIEVEMENT & TEACHER QUALITY - Directs the State Board of Education to adopt various actions. AMENDED & PASSED, 13-0; Floor Manager: Boettger

HF 2507 ANTHRAX PENALTIES - Makes the possession of anthrax a Class C felony and the distribution of anthrax a Class B felony. Makes an exception for persons who have anthrax for reasons authorized under federal law. AMENDED & PASSED, 12-0; Floor Manager: Maddox

HF 2264 INFORMED CONSENT - 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. Establishes criminal penalties. Effective October 2003. PASSED, 7-5; Floor Manager: Redwine

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. Requires the work group to report to the Legislative Council on a bi-monthly basis. PASSED, 10-3; Floor Manager: Tinsman

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. AMENDED &PASSED, 13-0; Floor Manager: Boettger

HF 2453 DEATH & MEDICAL EXAMINERS - Increases form one to three days the time by which a death must be certified. Increases from one to three days the time a medical examiner has to determine cause of death. Eliminates religious exception for cremation permit and raises the fee for a cremation permit from $35 to $75. Allows medical examiners to perform private autopsies for a fee so long as they don't compete with autopsy services. PASSED, 13-0; Floor Manager: Dvorsky

HF 2488 ELDER AFFAIRS CHANGES - Updates Elder Iowans Act to conform with federal names. Changes references as necessary. PASSED, 13-0; Floor Manager: Harper

HF 2518 ADOPTION AND FOSTER CARE REQUIREMENTS - Changes the length of a Child Foster Care Agency license to a term up to 3 years as determined by the DHS. Increases the initial training requirements for foster parent licensing to 30 hours and renewal training to 12 hours. Repeals the requirement Child-Placement Agencies annually report to the DHS placement and budget information. Allows for recognition of foreign adoptions. Makes corrections. PASSED, 13-0; Floor Manager: Behn

HF 2547 PUBLIC HEALTH - Makes various changes to certain programs and public health issues. PASSED, 13-0; Floor Manager: Redwine

HF 2552 CHILD ABUSE INTERVIEWS - Requires a child abuse assessment interview be offered to a person to explain or rebut allegations made before the determination or assessment. PASSED, 13-0; FM: Schuerer

HF 2559 CHILD PROTECTION CONFIDENTIALITY - Allows for the disclosure of certain information in child abuse cases involving death or near death of the child. Prohibits written information provided to legislative leaders during a confidential meeting regarding a child abuse case from being removed from the meeting room and prohibits the re-dissemination of confidential received at the meeting. PASSED, 13-0; FM: Shearer

HF 2416 CARE HOMES - Increase the number of persons with mental retardation or other medical assistance program who can live in one home or community based center to six. PASSED, 6-0; Floor Manager: Houser

HF 2430 MH DD COMMISSION - Transfers some of the duties of the state-county management committee to the MH/DD Commission. Makes changes in the commission's membership. Transfers rule-making authority to the Commission from the Council on Human Services. AMENDED & PASSED, 8-0; Floor Manager: Houser

HF 2532 IPERS BILLS - Makes numerous changes to IPERS, PORS, the statewide fire and police retirement system, and the judicial retirement system. Expands bridge payments for IPERS for lifetime annuity. Allows judges to buy judicial IPERS time. PASSED, 12-0; Floor Manager: Rittmer

SF 2118 CLONING BAN - Boddicker (C), Carroll, Hoversten, Kreiman, Smith

House Labor: Assigned to Subcommittee:

SF 2200 WORKER'S COMP REDUCTION - Horbach (C), Dotzler, Wilderdyke

HF 2549 STUDENT/TEACHER ACHIEVE - Boettger (C), Connolly, Kramer

HF 2264 INFORMED CONSENT - Redwine (C), Boettger, Harper

HF 2390 REFLEXOLOGY LICENSING - Redwine (C), Holveck, Veenstra

HF 2399 CASE PERMANENCY PLANS - Hammond (C), Redwine, Tinsman

HF 2453 DEATH & MEDICAL EXAMINERS - Dvorsky (C), Behn, Redwine

HF 2534 PHYSICIAN ASSISTANTS - Redwine (C), Dvorsky, Veenstra

HF 2507 ANTHRAX PENALTIES - Redfern (C), Horn, Miller

HF 2532 IPERS BILLS - Rittmer (C), Drake, Kibbie

SF 2312 MEDICAL SAVINGS ACCOUNTS - Rehberg (C), Bolkcom, Drake

BILLS INTRODUCED OF INTEREST TO NURSES

SSB 3184 TOBACCO SETTLEMENT (Appropriations) Implements provisions in the master Tobacco settlement. Requires that a tobacco manufacturer be part of the master settlement in order for a tobacco distributor to distribute brands from that manufacturer. Requires manufacturers to certify compliance with the master settlement. Authorizes the Attorney General and the Department of Revenue & Finance to share information for compliance purposes. Requires a tobacco manufacturer to maintain a registered agent in the state in order to make sales in the state. Lamberti (C), Zieman, Bolkcom

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