|

LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
A benefit of membership
Volume 5, Number 1 January 17, 2003
Connecting with Nurses on Health Issues
This issue opens the ninth year of the INA Legislative Connection. This communication is designed to report to members of the Iowa Nurses Association and other interested individuals, the legislation introduced in the Iowa General Assembly of interest to the registered nurse.
The purpose of this publication is: 1) to share information about bills, committee meetings, floor debates, votes and association activity and positions with the registered nurse; and 2) to encourage comment and response from the INA membership and nurses in general which helps guide and shape INA advocacy with the state legislature and the Governor's office.
This communication will be published weekly until the anticipated session adjournment. This is the first session of a two-year session, i.e. legislators are elected for a two year period of time. We are beginning the first session of the 80th Iowa General Assembly.
A special welcome to the student nurses who are accessing this communication as a part of their academic course work. We hope this will be a beneficial experience for you. To all subscribers, we hope the new email transmission will be efficient and timely. For those who would prefer a paper copy, please contact the office. There will be a fee for sending a paper copy through the mail.
The Legislative Connection is designed to have two sections. 1) a narrative section which will feature major activities of interest to nursing and background on issues; and 2) a bill summary section which will summarize each bill introduced of interest to nursing.
Access Legislative Information on the Internet
Find current legislation, bill history, publications, meeting calendars, legislator information, legislative committees, Iowa laws, legislative agencies, educational information, Capitol virtual tour and more by going to the legislative web site: www.legis.state.ia.us. The INA Legislative Connection will give you the bill numbers, legislator names and committee names to assist you in locating information more quickly.
First Session of the 80th General Assembly
Opened on Monday, January 13
Session Opens
The 80th General Assembly opened today, with the Legislature facing a potential deficit of up to $400 million, and a potential refund of $100 million in refunds to the three racetracks in the state for taxes that should not have been collected. Opening day is noted by the speeches by legislative leadership highlighting the goals they intend to accomplish this year.
Republican Leaders
Republican leaders said that the decision on how to deal with the state tax on gaming receipts will be an issue that they will take up early. Last week, a task force convened by the Governor recommended that the tax rates on receipts from all casinos be raised. Republicans also said that they will take up a bill to restore funding for property tax credits cut at the end of the 2002 session. The bill has already been introduced in the House by Speaker Rants.
Rep. Gipp said that the two most important tasks for state government are to protect and educate its citizens. He said that the state cannot rely on one-time funds or across the board cuts but must decisions about which programs are less important, and less deserving of funds. Gipp said that the key to spurring job growth is removing obstacles rather than creating more incentives. He said that he will work with the Democrats while moving an agenda forward.
Senator Kramer said that the Legislature has a real opportunity to improve economic growth in the state this session.
Senator Iverson said that Legislators need to look at the tax structure in Iowa and decide whether a tax on a particular activity reduces the state's ability to grow, and whether the lack of a tax on an activity promotes growth. He said that the state needs to eliminate taxes that don't promote growth, and to tax activities that don't create wealth.
Iverson also said that the state needs to re-examine its rules and regulations, in order to eliminate unnecessary administrative rules, and to develop performance standards for the Department of Economic Development. He said that the DED has failed to attract good-paying jobs to the state and that the state may need to look at creating a private entity to create jobs.
Democrats
Rep. Myers, now in his second term as minority leader, said that he looks forward to working with the new Majority Leader and Speaker. Myers said that during the campaign Democrats and Republicans both promised action class size reduction in the lower elementary grades; improving teacher compensation, reversing the cuts to property tax credits, creating a public-private partnership to help Iowa businesses take advantage of research at our state universities, and improving staffing and working conditions in the prison system.
Myers said that the Legislature needs to make income tax income tax rates more competitive, to simplifying tax forms, to lower prescription drugs through the state's buying power and to require character education in schools. He said that the three biggest tasks for the Legislature are managing and balancing the state budget, improving the economic security of Iowans today and providing economic growth for the future.
Myers said that too many services, such as mental health services, that should be paid by the state are paid for by property taxes. Myers said that services should not be paid for by property taxes without a good reason.
Senator Gronstal said that the two caucuses have a number of points of agreement and can go to work in those areas, including taking action on property tax credits, a supplemental appropriation for public safety and corrections and to making a commitment to education. Gronstal said that creating high-paying jobs can generate income tax revenues to replace property taxes.
Governor Vilsack
The Governor made his annual "Condition of the State" speech to the Iowa General Assembly on January 14. said that the state is at a crossroads and that the legislators should "seize opportunity while other states scramble to survive". Vilsack said that the Legislature should adopt an ambitious agenda to "transform our economy, improve education, and expand access to health care."
Governor Vilsack said that although the potential budget deficit is a challenge, Iowa is in better shape than most other states. Vilsack said that the Legislature made tough choices last year that put the state in better shape to move forward, and said that the state expanded access to children's health care through the Hawk-I, reduced class sizes in order to boost test scores and created a venture capital fund to spur business growth despite the budget problems.
He said that the 80th General Assembly needs to transform the economy "to one rooted in the development and growth of high priced, value added ag-based ingredients to be used to feed, fuel and heal, and in the creation of wealth through high paying jobs held by a highly educated workforce."
Some of the approaches to achieve his goals (of interest to nurses) are:
Improve education in the workforce and educational opportunities
The Governor said that the state needs to double the number of college experienced workers in the workforce and set a 90/90 goal for education: 90% of children with access to quality preschool and 90% of high school graduates with at least 2 years of college, paid for through the Iowa Values Fund.
The Governor said that the state should restore funding to the state work-study program, encourage collaboration and consolidation between small school districts, create a Virtual Academy for statewide access to online courses, and create Regional Academies to enable schools to combine course opportunities.
Expand access to quality health care for all Iowans
The Governor said that the state must receive a fair Medicare reimbursement rate, make sure that Iowa seniors have fair drug prices, control Medicaid costs without limiting access to quality healthcare and enact mental health insurance parity. The Governor has already proposed that the state should start identifying the most effective drugs in various categories, and then negotiating deals for lower costs in exchange for mandating the use of those drugs.
He said that Iowa needs to respond more effectively to the needs of those with disabilities by substantially increasing accessible housing and workplace opportunities through public/private partnerships and leveraging funds.
He said that the Department of Inspections & Appeals needs the authority to regulate adult day care facilities for dependent adults and seniors.
Review of Business Climate
Members of the Iowa State Sociology Department made a presentation to both caucuses, and interested members of the public, on the potential for business growth in the state of Iowa.
They told legislators that the state could face a serious labor shortage by 2010, due to retirements and lack of population growth in the right demographic groups. They said that the state can be expect to have an additional 115,000 workers to replace, depending on growth, somewhere between 370,000 and 570,000 workers.
They said that the most crucial factor in attracting businesses is the availability of a qualified work force and that this is a far more significant factor than tax policy. They also said that of the various taxes states and local governments impose, property taxes has the greatest impact on decision-making because they do not decline if a business suffers a bad year. Finally, they told legislators that Iowa needs to work harder to attract different industries, rather than just support or expand the kinds of industries already in the state.
Kettering Wins Election
Steve Kettering will return to the Legislature as a Senator, after winning the race for Senate 26. Kettering beat Don Mason, 4,440 to 2,993 in unofficial results, and in all four counties in the district (Buena Vista, Crawford, Carroll and Sac.) Republicans left a number of committee assignments open, including the vice-chair of Business & Labor. They now hold a 29-21 advantage.
Mental Health Awareness Day
The Mental Health Advocacy Coalition is holding Mental Health Awareness Day on Wednesday, January 2 for 10 AM to 2 PM at the Capitol. The Mental Health Advocacy Coalition intends to raise awareness about mental health needs, including adding mental health coverage under insurance plans.
IOWA NURSES ASSOCIATION
2003 LEGISLATIVE AGENDA
1. FUNDING THE BOARD OF NURSING: Appropriate funds to reflect funding of the Board of Nursing with 100% of license and renewal fees collected.
2. TOBACCO REDUCTION INITIATIVE: Pass an increase of the cigarette excise tax by $1.00 per package to reduce tobacco use by Iowa's youth and strengthen the state tobacco use prevention and control program.
3. FUNDING OF NURSE RETENTION AND RECRUITMENT PROGRAM: Appropriate funding for the College Aid Commission to support registered nurses increasing their education to become nursing faculty and to support recruitment.
4. MANDATORY OVERTIME: Pass legislation similar to that passed in Maine, Maryland, Minnesota, New Jersey, Oregon, Texas and Washington State which bans or severely limits the use of mandatory overtime as a staffing measure and which is defined as being compelled or forced to work hours beyond agreed upon assignments by threat of discrimination, dismissal, licensure discipline and/or other sanctions.
5. MENTAL HEALTH PARITY: Pass legislation providing for parity in health insurance for mental health to be no different than physical health coverage, with recognition for children and adolescents including services for chemically dependent and appropriate housing for individuals with persistent mental illness.
6. ASSISTED LIVING. Pass legislation that assures that registered nurses are available and utilized to provide services at their level of education to assess and evaluate residents and participate in policy-making discussion about the tenant's choice to stay in assisted living as long as they meet the criteria for the level of care; not forcing tenants to a higher level of care by unduly restrictive state regulations.
Public Policy Priorities
1. Support adequate funding of Medicaid and Hawk-I program. Appropriate sufficient resources for programs that provide services to the poor.
2. Recognize ARNPs as Medicaid Primary Care Providers. Pass legislation that recognizes advanced registered nurse practitioners (ARNPs) as primary care providers under the Medicaid Managed Care Program which covers 85% of the Medicaid enrollees.
3. Medical Privacy: Pass legislation that modifies Iowa Code Section 622.10 to prohibit the release of medical records as "evidence".
4. Quality of Care Issues
a. Educate Iowans about protection of the title of "nurse" and nurse delegation responsibilities.
b. Educate Iowans about the needed reduction in unnecessary duplicative documentation.
c. Educate Iowans about issues regarding whistleblower protection, which would establish protection from retaliation due to whistleblower activities engaged in by registered nurses to maintain standards of care for the clients for whom they are responsible for caring. Often it is only licensed individuals who recognize whether clients are being neglected or receiving inadequate care.
d. Educate Iowans about incentives that can make the workplace attractive for registered nurses by using proven best practices to grant Magnet Status designation to health care institutions.
5. Women's Health Activities
Advocate for women's health activities on the national, state and local level.
6. End-of-Life Issues
Promote understanding of End-of-Life issues through dissemination of information on advanced directives and living wills, information on treatment choices and documentation and communication of end-of-life options and preferences.
7. Domestic Abuse
Monitor the effectiveness of national and state programs that address all forms of domestic abuse.
8. Patient Restraint and Seclusion
Seek remedies for reduction in the use of patient restraint and seclusion interventions in health care settings with a focus on education and evidenced based practice to promote patient safety factors and use of least restrictive interventions.
Committee Work
Senate Human Resources: Assigned to Subcommittee:
SF 3 ABORTION REPORTING Boettger (C), Kreiman, and Seymour
SF 11 SAFE HEALTH CARE STAFFING Behn (C), Hatch, and Schuerer
Bills Introduced of Interest to Nursing
House Files
HF 14 ELDER CARE CLASSIFICATION (Bukta) Directs the DIA to establish within the Residential Care Facility category of health care facilities a license classification for residential facilities intending to serve 5 or fewer senior citizens. Exempts such licensees from certificate of need requirements. (Human Resources)
HF 16 HEALTH INSURANCE COVERAGE (Maddox) Requires third-party health insurance and HMOs to cover diabetes expenses. (Commerce)
HF 17 CHILD ABUSE REPORTS (Boddicker) Allows less documentation in cases of alleged child abuse that it is determined that no abuse occurred. (Human Resources)
HF 18 CHILD ENDANGERMENT (Bukta) Adds certain child endangerment offenses to the Juvenile Justice Code definition of child abuse. (Human Resources)
HF 19 ASSISTED LIVING TENANTS (Smith) Allows a tenant of an assisted living program to request a administrative hearing to review a Department Elder Affairs determination the tenant requires a higher level of care that the program is allowed to provide. Makes findings of such administrative hearings final and not subject to review. (Human Resources)
House Study Bills
HSB 4 BAC 08 I (Judiciary) Lowers the BAC level to .08. Maddox (C), Heaton, Berry
HSB 5 BAC 08 II (Public Safety) Lowers the BAC level to .08. Baudler, Chambers, Bell
HSB 11 WORKERS COMP CHANGES (Commerce) Raises the maximum funeral benefit from $5,000 to $7,500. Prohibits Changes the repeal date for the employers surcharge on the workers second injury fund from July 1, 2003 to July 1, 2008. Requires non workers comp disability insurance be paid if the employer denies liability. Allows a file stamped decision to be used instead of a certified one for judicial review. Requires a Workers Comp insurer pay full liability if the employer goes bankrupt. Horbach (C), Watts, T. Taylor.
HSB 12 WORKERS COMP CHANGES II (Commerce) Prohibits an employer, employee or employer's insurance carrier from being billed for disputed services until the commissioner rules on the reasonableness of the charge. Requires non workers comp disability insurance be paid if the employer denies liability. Allows a copy of a decision to be used instead of a certified one for judicial review. Horbach (C), Hoffman, T. Taylor.
House Resolutions
HR 3 MEDICARE REIMBURSEMENT (Gaskill, et al.) Requests the federal government provide equality in Medicare payments.
Senate Files
SF 3 ABORTION REPORTING (Johnson) Requires that the use of RU-486 in inducing abortions be reported to the Department of Public Health. (Human Resources)
SF 11 SAFE HEALTH CARE STAFFING (Bolkcom) Establishes staffing requirements for health facilities.
The bill specifies facility staffing standards, Prohibits mandatory overtime, specifies maximum hours , with emergency exceptions, establishes rights for nursing staff, and protects employees from retaliation for reporting or publicizing violations. Includes definitions and other related matters. (Human Resources)
Senate Study Bills
SSB 1001 0.08 BAC LEVEL (Judiciary) Lowers the blood alcohol level of OWI offenses to 0.08. Redfern (C), Larson, Kreiman
NursingWorld
ANA Marketplace
© 2008 The American Nurses Association, Inc. All Rights Reserved
|