LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
Volume 4, Number 33 April 19, 2002

Governor Calls for Special Session

Governor Vilsack called the Legislature back for a special session on Monday, April 22. Vilsack said that the Legislature did act to protect teacher salaries without raising taxes, he said that "from crucial teacher training programs to access to higher education for working families; from protecting children from abuse to maintaining secure prisons and safe highways, the budget passed by the legislature is simply inadequate."

Vilsack said that the differences in budgets "amount to less than two percent. But it is a two-percent that can make a crucial difference in the lives of many Iowa families. I believe it is worth the effort."

Governor Vilsack will meet with legislative leaders on April 18, and possibly the 19th, to work on a compromise. He also requested to speak to a joint session on Monday.

Before the end of the session, the Governor indicated that he wanted more funding for school technology, more money for HAWK-I, more money for the regent's schools and for community colleges and more money for DHS. These areas are likely to total at least $25 million.

Since the session is being held prior to the final sine die, all the bills of the 79th General Assembly are still eligible, including several bills that the Senate took up on April 12th but that the House failed to act on. A number of issues such as the 0.08 OWI bill could came back up for debate. Senator Iverson also said that many Senate Republicans are interested in taking up legislation to couple with the federal government's stimulus package. Iverson said that the bill has failed so far because it would cost $60 million.

For details of any bill, check http://www.legis.state.ia.us

BILLS SENT TO THE GOVERNOR

1. SF 2323 REGISTERED NURSE PROGRAM - Creates a registered nurse recruitment calendar to be administered by the College Student Aid Commission. Creates a forgivable loan program, a tuition scholarship program, and a registered nurse loan repayment. Contains other related provisions. S-5440 by the House - Makes full or part-time students eligible for the program. Limits the program to in-state schools. The Senate CONCURRED & PASSED the Bill, 46-0; to Governor.

2. SF 2325 DEPARTMENT RE-ORGANIZATION DIA/BIRTH CENTERS: Makes changes to the Inspections Division. Transfers the CASA (Court-appointed special advocate) program into DIA. Directs the Child advocacy State Board and the Foster Care Review Board to work with CASA to merge that program with the Citizen Foster Care Review process. Reorganizes the administrative structure of the Department of Natural Resources. Places the Oversight Committee in with the other Legislative Council. Directs the committee to perform annual reviews of judicial and executive agencies. Strikes Code references to birth centers, but retains certificate of need.
The House PASSED the Bill, as amended, 98-0; The Senate CONCURRED and PASSED the Bill 27-20; it goes to the Governor.

3. HF 2532 IPERS BILL Conference Committee Report - Allows a retired IPERS member to earn $30,000 from an IPERS employers before the reduction of benefits (from $25,000 for the Senate and $40,000 for the House). The Senate ADOPTED the Report & PASSED the Bill, as amended, 47-0; it goes to the Governor.

4. SF 2118 CLONING BAN: Bans all human cloning. Is silent on research. Adopts definitions

and establishes criminal penalties ranging from an aggravated misdemeanor to a Class "C" felony. The House CONCURRED & PASSED the Bill, 92-1; it goes to the Governor.

5. SF 2190 WORKERS COMPENSATION - Establishes new subrogation procedures and allows an employer to subrogate the recovery of an injured employee. Prohibits health care providers from seeking payment for fees from employers when the provider and the insurance company are disputing the fee. Prohibits insurance plans from denying benefits to an employee because of a dispute over the employer's liability. The Senate concurred and passed; it goes to the Governor.

6. SF 2280 MEDICAID PAYMENTS - Requires the DHS to implement specific recommendations from the rehabilitative services provider regulation and continuous quality improvement work group. Requires the DHS to determine that the recommendation can be implemented without further cost and to receive approval from the federal Center for Medicaid Services. Lists the recommendations that should be adopted, if the cost and federal approval requirements are met by January 2003. Directs the DHS to revise provider requirements. The Senate PASSED the Bill, as amended, 50-0; it goes to the Governor.

7. SF 2317 TOBACCO SETTLEMENT-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 a tobacco manufacturer to maintain a registered agent in the state in order to make sales in the state. The House PASSED the Bill, 97-0; it goes to the Governor.

8. HF 2613 SENIOR LIVING APPROPRIATIONS - Appropriates $58.2 million from the Senior Living Trust Fund to the Departments of Elder Affairs and Human Services. Elder Affairs, Senior Living Program: $6.6 million. Human Services, Total: $51.7 million; Long Term Care Provider: $29.95 million; Nurse Facility Conversion: $0; Long Term Care Alternative Services: $21.7 million; Hospital Trust Fund: $12 million. Allows DHS to decide how to distribute nursing home inflation funding. The House CONCURRED & PASSED the Bill, it goes to the Governor.

9. HF 2192 INTERSTATE PRESCRIPTION DRUG STUDY - Conference Committee Report: Directs the Department of Public Health to set up a taskforce to study the feasibility of establishing an interstate prescription drug purchasing co-op with other Midwestern states. The Conference Report was adopted; it goes to the Governor.

10. HF 2430 MH DD COMMISSION - Transfers some of the duties of the state-county management committee to the MH/DD Commission. Transfers rule-making authority to the Commission from the Council on Human Services. The Senate concurred and passed; it goes to the Governor.

11. SF 2318 INSURANCE PREMIUM TAX - Reduces the insurance premium tax from 2% to 1% over the next four years. Makes adjustments in estimated payment to keep the taxes revenue-neutral until 2007. The Senate passed the Bill, 32-16; it now goes to the Governor.

12. HF 2515 DEPARTMENT OF EDUCATION CHANGES - Makes changes related to the operation of the Department of Education. Directs the DOE to use electronic transfers of funds whenever possible. Allows the DOE Director to employ professional staff on a nine month a year. The Senate PASSED the Bill, as amended, 46-0; it goes to the Governor.

13. HF 2549 STUDENT ACHIEVEMENT & TEACHER QUALITY - Allows local school boards decide the ages which to provide early retirement incentives. Directs the DOE to conduct a study to include other who hold a practitioner's license in the Student Achievement & Teacher Quality Program. Directs the DOE to conduct a study to include nurses, school social workers and others in the Student Achievement & Teacher Quality Program. Allows teaching standards, other than those for beginning teachers to be subject to collective bargaining. Contains other language regarding evaluations.

14. HF 2615 TOBACCO APPROPRIATION - Appropriates $65.2 from the Healthy Iowans Tobacco Trust for various health related programs. DHS: Total: $44.9 million; Medical Services: Non-Institutional Medical Assistance Providers: $8.0 million; Dental Providers: $3.8 million; Hospital Providers: $3.0 million; Home Health Care Providers: $2.1 million; Critical Assess Hospitals: $250,000; Home Health Daycare: $1.95 million; Respite Care Expansion: $1.1 million; CHIP Expansion: $200,000; Breast Cancer Treatment: $250,000; Medicaid Medical Assistance Supplement: $17.5 million; HIPAA Implementation: $2.1 million; Child & Family Services: Rehabilitative Treatment & Support Services COLA: $3.2 million; Adoption/Independent Living/Shelter Care COLA: $469,000. MH/MR/DD/BI: Property Tax Relief: $147,000. DOE: Empowerment: $1.2 million. DPS: Tobacco Use Prevention: $5.0 million; Substance Abuse Prevention: $10.0 million; Healthy Iowans 2010: $2.4 million; Smoking Cessation Products: $75,000; Substance Abuse Treatment: $1.1 million. H-8642 by the Senate - Strikes the $1.1 million funding for the substance abuse facility at Knoxville and uses the money for the special needs unit at Ft. Madison. Allows non-reverted funds to be used for substance abuse treatment. Adds retroactive applicability. Appropriates $200,000 for a faith-based program at the Newton prison; allows $28,000 from the faith based program for the statewide poison center. The Senate CONCURRED & PASSED the Bill, as amended, 27-17; goes to the Governor.

15. SF 2326 OMNIBUS APPROPRIATIONS: Appropriates $2.7 billion for state agencies and judicial branch. The House PASSED the Bill, 53-42; it goes to the Governor.

16. HF 2623 SALARY BILL - Transfers $30 million from the Regents demutualization proceeds to the Dept of Management Salary Adjustment Fund. Returns $18 million to the Regents for salary increases. Appropriates $1.6 million from the Road Use Tax Fund and $8.6 million from the Primary Road Fund to the Salary Adjustment Fund for pay raises for employees paid out of those funds. Appropriates $3 million from the fund for judges' pay raises. Increases FY 2004 MH/MR/DD by $ 2 million. Appropriates $127,000 to DOM for a salary model

Additional: Appropriates $20 million from the Underground Storage Tank Fund, $10 million from the Insurance Premium tax and $5 million from Gambling Tax (Total $35 million) Cuts Regents spending by $5 million; Medicaid by $3.7 million and Phase III spending by $2.3 million. Increases HAWK-I by $1.5 million. Cuts (Total Sending cuts $ 11 million) Increases: Teacher Compensation by $32.3 million, $11.1 to salaries (Regents $ 7 million), $1 million to Community Colleges and $100,000 to the Secretary of State. Other: Allows foster care budget overruns in a region so long as the over-all budget is met. Covers root canals and dental anesthesia under medical assistance. Adds $90,000 to FIP. Appropriates $1.3 million for Animal Agriculture staffing. Failed to appropriate an extra $500,000 for the Veteran's Home and an additional $3 million for community colleges. The Senate FAILED TO PASS the Bill, 24-21; & RECONSIDERED & PASSED the Bill; 27-17; it goes to the Governor.

17. SF 2293 ANIMAL AGRICULTURE Defines small operations as having less than 500 animal units. Standards & Manure Plans: Requires DNR to study airborne pollution from all animal feeding operations. Requires the air quality standards to be based on separation distances and to be submitted to the Legislature by December 2004. Establishes phosphorous standards. Requires phosphorous standards to be in manure plans by 2007. Distances & Structures: Increases separation distances by 500 feet. Adds additional water sources and wetlands to the list of designated areas. Establishes a distance of 2500 from a designated wetland. Allows the DNR to establish separation distances of at least 800 feet to protect high quality water sources. Prohibits building in 100-year flood plains. Matrix (Local Input): Allows counties to use a state developed matrix to score permit requests. Includes social and environmental concerns in the matrix. Other: Requires a person who is liable for the pollution of state waters to pay restitution to the State Fish and Game Fund. Requires the DNR to study the effects of phosphorous as it originates from all sources. Makes the bill effective on enactment but phases in the imposition of the standards.

PASSED AND SIGNED BY THE GOVERNOR

1. Medicaid Shortfall Funding (Support): HF 2245 signed and itemed vetoed sections of the bill.
2. 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. Some state employees will be furloughed.
3. HF 2340 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.
4. HF 2345 Violence Against Women- Allows the Department of Justice, Victim Assistance Program to administer the Violence Against Women program and grants from the federal Violence Against Women Act.
5. 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.
6. SF 374 Optometry Treatments- Modifying the qualifications and authorization of therapeutically certified optometrists engaged in the practice of optometry. Allows therapeutically certified optometrist to use all diagnostic and therapeutic agents for the treatment of the eye or adnexa and to prescribe steroids for up to 14 days without referral to a primary care physician. Limits the use of injections except for anaphylactic shock. Allows the Optometry Board to adopt emergency rules.
7. HF 2507 Anthrax Penalties-Makes the knowing 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.
8. HF 2075 Tobacco Settlement Repayment- Removes the time limit for repayment of Tobacco Settlement money used for the teacher pay program.
9. HF 2138 College Student Aid Waivers - Allows the College Student Aid Commission to waive or to modify statutory or regulatory provisions if the President declares a national emergency due to a terrorist attack. Retroactive to September 11, 2001.
10. SF 2167 Health Insurance Administration Fund - Establishes the Health Insurance Administration fund in the Treasurer's office to pay health insurance administration costs. Establishes a management surcharge. Contains related provisions.
11. 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.
12. SF 2260 AEA Reorganization - Makes changes in the procedures and deadlines for reorganizing or dissolving an Area Education Agency.
13. HF 2488 Elder Affairs Changes- Updates Elder Iowans Act to conform with federal names. Changes references as necessary.
14. HF 2075 Tobacco Settlement Repayment- Removes the time limit for repayment of Tobacco Settlement money used for the teacher pay program. Requires that after the Economic Emergency Fund is filled that remaining funds be used to repay the Senior Living Trust fund and the health fund in the Tobacco Settlement trust.
15. HF 2582 Federal Block Grants-Appropriates federal Block Grants for various programs. Includes procedures for adjusting the grants if the grant amounts increase or decrease.
16. HF 2547 Public Health Programs-Makes various changes to certain programs and public health issues.
17. HF 2201 Felon DNA Profile - Requires all felons submit a DNA sample and persons convicted of an aggravated misdemeanor for a sex crime.
18. HF 2538 Campaign Finance - Raises certain reporting thresholds to $750 and makes other changes.
19. 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.
20. SF 2155 Out of Hospital-Do Not Resuscitate- Directs the Department of Public Health to develop a standard form and a personal identifier for Do Not Resuscitate orders outside of a hospital setting. Includes definitions and establishes the scope and content of the order. Makes it a serious misdemeanor to destroy or to conceal such orders.
21. 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. 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 directors and establishments in the immunity from liability for good faith attempts to comply with the organ donation laws.
22. HF 2453 Death and 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.
23. HF 2582 Federal Block Grants - Appropriates federal Block Grants for various programs. Includes procedures for adjusting the grants if the grant amounts increase or decrease.

25. SF 2279 Insurance changes - Ends the requirement that reports be filed with the Insurance Commissioner by insurance carriers that insure professional and occupational licensees relating to the negligent acts or omissions in the practice of the profession or occupation. Allows the Commissioner to keep private various personal information contained in certain insurance and securities filings. Allows the Commissioner to suspend, without notice or hearing, the certificate of an insurer if delinquency proceedings have been commenced by another state.

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.

ISSUES OF INTEREST TO NURSES THAT STILL REMAIN

1. Safeguarding the Board of Nursing (Support): As a result of two across-the-board budget cuts, so that it is funded at 78% of fees collected. Board of Nursing will suffer a further reduction in staff and services. A request was made to increase the Board of Nursing by $181,000 to assure that they receive 90% of fees generated. Amendments were offered to restore funds, but those amendments failed.

2. Mental Health Parity (Support): Both the Senate (SF 2322) and the House (amendment on HF 2623) adopted language with majority votes sufficient to mandate for mental health parity with co-morbid substance abuse, broader coverage for children and adolescents and studies of the system The Governor is saying he wants a mental health parity bill before signing the Insurance Premium tax reduction bill, SF 2318.

4. ARNPs as Medicaid Primary Care Providers (Support): HF 2382 died in the funnel. Several attempts have been made to include such language in several appropriations bills. Rep. David Heaton (R-Mt Pleasant) has stated that he will work to sit down and discuss the issue this summer with the Department and the various interested parties. Department of Human Services staff insist it is a policy issue legislators must make a determination on by putting in the Iowa Code.

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

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

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

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

9. Child Drug Treatment: HF 2318 would allow only health professionals to say a child needed to be on medications. Died in the second funnel.

10. 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.

NursingWorld     ANA Marketplace