LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
A benefit of membership
Volume 5, Number 2 January 24, 2003

Access Legislative Information on the Internet

Find your legislator, current legislation, bill history, publications, Iowa laws, legislative agencies, 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. On the legislative website, click on "Track Legislation", "Information by Bill", "Display a Bill and Amendments" to see what the bill proposes. Click on "Bill History" to follow the progress of a bill.

Find your legislator by using the legislative website address, on the Home Page by clicking on "Find Your Legislator". A screen will ask for your home address with zip code and identify your Congressional and state legislators. Their email addresses are provided for your convenience. Please save them to contact your legislators.

INA has purchased a service from Voter Voice. Your Legislative Connection is coming to you through this service. When we issue a legislative alert, we will send the notice for you to contact a legislator through this method. Please contact your legislator on issues of interest to you and the association. Many voices of nurses can make nurse friendly legislation reality!

Register for Lobby Day-February 20, 2003 Today!
Go to the INA website at http://www.iowanurses.org and sign up for the INA Lobby Day. The morning will be time to contact your legislator about nursing issues. From 10-1 there will be display tables from nursing specialty organizations to speak with and answer questions of legislators. We encourage some interactive activity, like taking blood pressures, advocating for "Lighten Up Iowa", whatever preventive health measure you would like to offer.

The afternoon program is continuing education on delegation for 3 hours and it has been ANCC approved and IBON approved. Check the website for the CE program agenda. Early Bird Registration ends after February 8.

Governor Vilsack is Inaugurated
Governor Vilsack took the oath of office for his second term on Friday morning, January 17 before a joint convention of the Legislature at Drake University. Additional events were held at the Capitol and Terrace Hill, with an Inaugural Ball held Friday night. Vilsack's remarks were similar to his condition of the State speech, but he included a call for greater tolerance and harmony among Iowans.

House District 62 Special Election
Governor Vilsack set the Tuesday, February 11, 2003 as the date for a special election in the House. Rep. Frank Chiodo resigned to take a position with the Department of Economic Development. The district covers the southern side of Des Moines and a small portion of Polk County.

Mental Health Awareness Day
The Mental Health Advocacy Coalition held a Mental Health Awareness Day on Wednesday, January 22. There were 29 tables and representatives from many provider groups and institutions around the state. It served to raise awareness with legislators and the general public about mental health needs, including adding mental health coverage under insurance plans. At noon, a former Maine legislator, Mike Fitzpatrick, who chaired the Maine House Health and Human Services Committee in 1994 spoke to legislators and interested people about passage of mental health parity in Maine. He stated passage of parity would take pressure off the Medicaid budget and offset court and prison costs as well as reduce absenteeism for business.

Government Oversight Committee
Senator Lundby, the chair, said that the committee is a standing committee and will bring out bills this session. The areas of interest for the committee include the (proposed) Department of Administrative Services, Adult Day Care, Assisted Living, Program Elimination (presumably the report of the Program Elimination Commission), Advocacy Boards and Professional Licensure. The committee will also review Capitol security.

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. (Awaiting Governor's budget)

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. (Seeking legislative sponsors)

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. (Awaiting Governor's Budget)

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. (Request for bill submission being made.)

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. (Bills being prepared.)

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. (Bills being introduced)

Public Policy Priorities
1. Support adequate funding of Medicaid and Hawk-I program. Appropriate sufficient resources for programs that provide services to the poor. (Awaiting Governor's Budget)

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. (Bill request in drafting)

3. Medical Privacy: Pass legislation that modifies Iowa Code Section 622.10 to prohibit the release of medical records as "evidence". (Bill draft circulating)

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.

Senate Floor Action

Bills to the House: 1
SF 36 FY 2003 NONMEDICAID SUPPLEMENTAL - Appropriates $19.4 million to DHS, DPS, DOC, the State Public Defender and the Public Broadcasting. The Senate PASSED the bill 47-0; it now goes to the House

Committee Work

House Commerce: Assigned to Subcommittee:
HF 16 HEALTH INSURANCE COVERAGE Hoffman (C), Ford, and Sands

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
SF 26 HAWKI & MEDICAID CHANGES - Seymour (C), Boettger, Kreiman
SF 32 CHILD SUPPORT COLLECTION ACCOUNTS - Seymour (C), Horn, Schuerer
SF 34 PERSONAL NEEDS ALLOWANCE -Veenstra (C), Hatch, Seymour
SF 35 ADULT DAY CARE TASK FORCE - McKinley (C), Hosch, Ragan
Senate Judiciary: Voted Out: (1)
SSB 1001 0.08 BAC LEVEL - Lowers the blood alcohol level of OWI offenses to 0.08. PASSED, 11-0; Floor Manager: Redfern See SF 37. Senator Miller had an amendment to require bars to have breathalyzers but did not offer it at this time.

Senate Transportation: Assigned to Subcommittee:
SF 28 CHILD SAFETY SEAT REQUIREMENTS - Johnson (C), Fraise, Putney

Bills Introduced of Interest to Nursing

Find the bills at http://www.legis.state.ia.us
House Files
HF 29 MINIMUM WAGE INCREASE (Whitead, et al.) Increases the state minimum wage by $1.00 over a two year period. (Commerce)

HF 40 PERSONAL NEEDS ALLOWANCES (Shoultz) Directs the DHS to increase the personal needs allowance for Medicaid recipients in nursing facilities to $50 as of July, 2003 and to increase the amount annually by the CPI. Authorizes the adoption of emergency rules to implement the bill. (Human Resources) See HF 45, SF 34

HF 41 MEDICAL DISASTER LIABILITY (Tymeson) Exempts physicians, advanced registered nurse practitioners, physician assistants, and those acting under the direction of a physician who assist outside normal employment or practice responses to medical needs caused by a disaster from criminal and civil liability for acts or omissions unless the acts or omissions rise to the level of recklessness. (Human Resources)

HF 42 ADULT DAY CARE TASK FORCE (Shoultz; Companion to SF 35) Requires the Department of Elder Affairs to create a task force on a regulatory system for assisted living and adult day care. Includes representatives of the DEA and DIA, from providers of assisted living and adult day care services, area agencies on aging, and consumers of assisted living or adult day care. Requires the recommendations to include a funding mechanism to pay for inspection and enforcement. Requires the report by December 2003. ( (Human Resources)

HF 43 BAC 08 III (Van Engelenhoven) Makes the BAC level 0.08 percent. (Public Safety) (See SF 37)

HF 44 SENIOR TRUST (Huser, et al.) Requires money in the Senior Living Trust on January 1, 2003 to be invested. Allows for appropriation of interest and earnings after the Trust principal amount reaches $200 million for various elder care programs. (Appropriations)

HF 45 PERSONAL NEEDS ALLOWANCES (Huser, et al.) Directs the DHS to increase the personal needs allowance for Medicaid recipients in nursing facilities to $50 as of July, 2003 and to increase the amount annually by the CPI. Authorizes the adoption of emergency rules to implement the bill. (Human Resources) See HF 40, SF 34

HF 47 POISON CONTROL CENTER (Whitead & Wendt) Appropriates $750,000 from the Healthy Iowans Tobacco Trust to the state Poison Control Center. (Commerce) See SF 38

House Study Bills
None of interest introduced.

House Resolutions
HR 3 MEDICARE REIMBURSEMENT (Gaskill, et al.) Requests the federal government provide equality in Medicare payments.

Senate Files

SF 26 HAWKI & MEDICAID CHANGES (Ragan) Allows for cost sharing for families whose income exceeds the 150% level of federal poverty standards. Requires the DHS, rather than the HAWK-I board, to perform annual, random reviews of applications. Requires the clinical advisory committee to make annual recommendations. Benefits: Adds care coordination, dental services, mental health and substance abuse benefits, medically necessary nutrition services, physical and occupational therapy services, and case management for children with special health care needs. (Human Resources)

SF 27 SOCIAL SECURITY EXEMPTION (McKibben) Exempts all social security benefits from the income tax for tax years beginning in January of 2003. (Ways & Means) (Similar to HF 28)

SF 28 CHILD SAFETY SEAT REQUIREMENTS (Johnson & Tinsman) Requires that children under the age of six years to be child restraint system when traveling in a car, and for children under the age of one and under 20 pounds to be in a rear-facing system Makes violations a simple misdemeanor subject to a scheduled fine of $25, but requires that only warning citations be issued during the first year of the law if the child is secured in the vehicle according to the previous requirements. Requires the DOT and the DPS to make efforts to educate the public in regards to the new requirements. (Transportation)

SF 34 PERSONAL NEEDS ALLOWANCE (Bolkcom) Directs the DHS to increase the personal needs allowance for Medicaid recipients in nursing facilities to $50 as of July, 2003 and to increase the amount annually by the CPI. Authorizes the adoption of emergency rules to implement the bill. (Human Resources)

SF 35 ADULT DAY CARE TASK FORCE (Bolkcom) Requires the Department of Elder Affairs to create a task force on a regulatory system for assisted living and adult day care. Includes representatives of the DEA and DIA, from providers of assisted living and adult day care services, area agencies on aging, and consumers of assisted living or adult day care. Requires the recommendations to include a funding mechanism to pay for inspection and enforcement. Requires the report by December 2003. (Human Resources)

SF 37 0.08 BAC LEVEL (Judiciary; Successor to SSB 1001) Lowers the blood alcohol level of OWI offenses to 0.08. Floor Manager: Redfern

Senate Study Bills
SSB 1009 INSURANCE COVERAGE (Commerce) Requires insurance and HMO coverage for chiropractors, podiatrists and nursing services. Establishes standards for payment and other matters. Angelo (C), Wieck, and Warnstadt.

Senate Resolutions
SR 2 ELDER AFFAIRS (Bolkcom) Urges the Governor to keep the Department of Elder Affairs as a separate department with an eleven-member commission. (State Government)

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