Republicans Criticize State Employees Contract

Republican leaders said that the contract with state unions negotiated by the Governor is likely to lead to lay-offs and to budget cuts in other areas. They said that the cost will be $60 to $70 million this year, and over $100 million next year. They said that the increase in steps from 6 to 9 1/2, and increases in the health care coverage costs are too generous. Senator Iverson said that state employees already make significantly more money than private workers in Iowa and that the new contract could lead to far better pay increases for state employees over the next several years, through steps and cost-of-living increases, than private sector employees will see. Senator Kramer said that she is very disappointed by the lay-off procedures approved in the contract because she said that it favors seniority over productivity. Senator Iverson said that Republicans will look to make changes in the collective bargaining procedures this year. Iverson said that they may look at striking the binding arbitration provisions that are currently in law and allowing workers to strike instead, or allowing comparisons between public and private employees. Rep. Gipp said that Republicans are very likely going to have to pick between funding all of their priorities or not fully funding the new contract, which would lead to lay-offs.

STATUS OF 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. (Conversations with legislators; Appropriations history available; Issue Review released)

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. (HF 284; SF 144 only taxes cigarettes; HSB 283)

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. (Requesting $100,000 be appropriated)

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. (SF 174 )

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. ( HF 63, HSB 48; SF 58, SF 227 )

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. (HSB 152 and SSB 1073; new bill draft expected)

Public Policy Priorities
1. Support adequate funding of Medicaid and Hawk-I program. Appropriate sufficient resources for programs that provide services to the poor. (HF 49; HF 325)

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. (HF 60 and SF 166)

3. Medical Privacy: Pass legislation that modifies Iowa Code Section 622.10 to prohibit the release of medical records as "evidence". (HSB 207 by Attorney General's Office)

Other Bills Tracked
4. Criminal History Checks Prior to Licensure. (HSB 124; SSB 1083)

5. Elimination of CON: For all services: SF 139; for Birth Centers SF 206.

6. Disaster Preparedness: HSB 147

7. Dept of Public Health Omnibus Bill (allows ARNP to sign immunization waivers): HSB 149

8. Disciplinary Hearing Fees Increase to $250: SSB 1108

9. Women's Health-Family Planning Dollars Reallocation: HF 111

10. Child Abuse Regulation Changes: HF 206, HF 320

11. Elder Abuse Regulation Changes: HF 229,SF 132, HSB 144

RESOLUTIONS

HCR 14 MEDICARE REIMBURSEMENTS (Hogg, et al.) Encourages Iowa's congressional delegation to work together to substantially increase the Medicare reimbursement rate to Iowa health care providers.

HR 23 PUBLIC HEALTH FUNDING (Ford) Urges increased federal funding for medical research and public health programs.

HR 24 FEDERAL EDUCATION FUNDING (Wise, et al) Urges the Iowa Congressional delegation to secure funding for the "No Child Left Behind" Act.

HR 25 HEALTH CARE QUESTIONS (Masher, et al) Urges that candidates for national offices be asked how they intend to provide affordable health care coverage for all citizens.

SCR 6 FEDERAL CLEAN AIR ACT (Bolkcom) Urges the Iowa Congressional delegation to oppose changes to federal air pollution control programs.

SR 17 HEALTH CARE QUESTIONS (Bolkcom, et al) Urges that candidates for national offices be asked how they intend to provide affordable health care coverage for all citizens.

House Floor Action
HR 19 HONORING IOWA WESLEYAN - Honors Iowa Wesleyan College for one million hours of volunteer community service through the Responsible Social Involvement Program.

The House ADOPTED the Resolution
HCR 6 IOWA MEDICARE REIMBURSEMENT - Urges Congress to take action to treat Iowa fairly in terms of Medicare reimbursements.

The House ADOPTED the Resolution
Sent to the Senate
HF 204 MASSAGE THERAPY - Directs the DPH and the Board of Massage Therapy Examiners, in conjunction with licensed and unlicensed practitioners, to study the various forms of massage therapy, including forms currently not licensed. Requires a report to the General Assembly on what should be included in the practice of massage, including a recommendation on reflexology.
The House PASSED the bill, 99-1; it now goes to the Senate HF 206 CHILD ABUSE REPORTING - Requires mandatory reporters who are not caretakers of a child to report suspected abuse for children under the age of 16 instead of 12.
H-1019 by Murphy - Makes clergy mandatory child abuse reporters. Exempts confidential communications, such as sacramental confessions, from the reporting requirement.
H-1027 to H-1019 by Winckler - Includes in the confidential communications counseling or referrals by a volunteer of an organization providing pregnancy-related education. FAILED H-1019 - ADOPTED
The House PASSED the bill, as amended, 75-22; it now goes to the Senate HF 133 - WITHDRAWN

Senate Floor Action
Sent to the House:

SF 127 BREAST CANCER AWARENESS PLATES - Directs the DOT to issue a special Breast Cancer Awareness plate with a pink ribbon image. Sets initial fees of $35, and $60 for personalized plates, and annual fees of $10 and $15. Directs distribution to the Susan G. Komen Foundation or other nonprofit organization. S-3009 by Transportation - A Strike & Replace: Directs the DOT to issue a special Breast Cancer Awareness plate with a pink ribbon image in consultation with the Susan G. Komen Foundation. Sets initial fees of $35, and $60 for personalized plates, and annual fees of $10 and $15. Requires that the funds be transferred to the DPH for distribution to support breast cancer screenings for men and women who meet eligibility requirements established by the Susan G. Komen Foundation. The Senate PASSED the bill, as amended, 49-0; it now goes to the House

COMMITTEE ACTION
House Committee Action

House Human Resources: Assigned to Subcommittee:
HF 263 BIRTH CERTIFICATE FEES Wilderdyke (C), Watts, Wendt
HF 295 PERSONAL NEED ALLOWANCE - Heaton (C), Greimann and Tymeson
HF 307 RETINOBLASTOMA SCREENING Upmeyer (C), Heddens and Watts
HF 320 ABUSE REPORTS Hutter (C), Carroll and Smith
HF 321 INFANT CARE PROGRAM Granzow (C), Greimann and Tymeson
HF 325 HAWKI ELIGIBILITY Hutter (C), Heaton and Hunter

House Judiciary: Deferred On:
HF 116 BURN INJURY REPORTING
House Judiciary: Voted Out:
HSB 132 NONPROFIT MODEL CODE - Repeals Code sections regarding operation of nonprofit corporation and replaces it with the Revised Model Nonprofit Corporation Act. Allows for personal liability limitations against misdistribution of funds by the board and officers. Applies to new nonprofit organizations formed after July 1, 2004. Requires nonprofits to declare themselves as a public benefit, mutual benefit, or religious corporation by April 1, 2005. PASSED; Floor Manager: Maddox

House State Government: Assigned to Subcommittee:
HF 73 IPERS ASSIGNMENT - Drake (C), Connors, Elgin, Jones, Lykam (Reassigned)
HF 154 EMERGENCY MEDICAL BOARD Roberts (C), Connors, Rasmussen
HF 256 OFFICE SURGERIES Watts (C), Mascher, Roberts
HF 282 IPERS REEMPLOY EARNINGS - Drake (C), Connors, Elgin, Jones and Lykam

House Transportation: Voted Out:
HF 184 AWARENESS PLATES - Directs the DOT to issue a Breast Cancer Awareness plate with a pink ribbon image. Sets initial fees of $35, and $60 for personalized plates, and annual fees of $10 and $15. Directs distribution to the Susan G. Komen Foundation or other nonprofit. AMENDED & PASSED 20 - 0. Floor Manager: Rasmussen

Senate Committee Action

Senate Human Resources: Voted to the en Bloc Calendar
Child Advocacy Board: Christine Boykin, Brian Michaelson
Mental Health & Developmental Disabilities Commission: Lynn Ferrell, Russell Finken, Jane Halliburton, Mary Hughes, Julie Jetter, Linda Kellen, Kittie Weston-Knauer, Brian Ridler, Ronald Wells Senate Human Resources: Assigned to Subcommittee:
SF 174 HEALTH WORKER OT - Tinsman (C), Behn, Holveck
HF 206 CHILD ABUSE REPORTING - Veenstra (C), Boettger and Ragan
SF 206 BUILDING BIRTH CENTERS - Schuerer (C), Behn and Hatch
SF 215 GROUP FOSTER CARE PLACEMENTS - Behn (C), Hatch and Hosch
Senate Human Resources: Voted Out:
SF 123 ORGAN DONOR INCENTIVES (Boettger & Fraise; Companion to HF 147) Establishes a bone marrow and vascular organ donation incentive program for state employees. Grants leaves to employees who serve as bone marrow donors or as vascular organ donors. Establishes documentation requirements and other requirements for the program. AMENDED & PASSED 13-0; Floor Manager: Boettger

Senate State Government: Voted Out: (1)
SSB 1083 CRIMINAL HISTORY CHECKS - Includes the Boards of Behavioral Science Examiners, the Board of Dietetic Examiners and the Board of Social Work Examiners under the regulatory provisions which allow them to make criminal history checks on applicants. PASSED, 13-1; FM: Tinsman

Senate Transportation: Voted Out:
SF 28 CHILD SAFETY SEAT REQUIREMENTS - 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. PASSED, 13-0; FM: Johnson

Joint House and Senate Committee Reports
Joint Government Oversight: Rereferred (from State Government) and Assigned to Subcommittee: SSB 1107 ADMINISTRATIVE SERVICES - Brunkhorst (C), Dvorsky
Bills Introduced of Interest to Nurses
Find the bills at http://www.legis.state.ia.us "Track Legislation"
House Files
HF 247 WORKERS COMP CHANGES (Connors) Makes a person who tries to collect a of for medical treatment giving to an employee a contested case for workers' compensation benefits is pending subject to the same remedies available to the employee for other worker's comp violations. Allows for the counting of piece work in determining the amount of temporary benefits. Removes language allowing workers with preexisting medical conditions enter into agreement with the employer waiving worker comp benefits for injuries directly or indirectly related to the preexisting condition. Makes other changes. (Commerce)

HF 256 OFFICE SURGERIES (Alons, et al.) Requires Office Based Surgical Sites to obtain a license if opened after October 1, 2003. Defines such Sites a place where as invasive surgical procedures are performed and who known possible medical complications may require emergency medical transport or life-support measures. (State Government)

HF 262 SALES TAX INCREASE II (Tymeson & Hoffman) Increases the state sales tax to 6% and dedicates the money from the increase for school infrastructure, if the need for such infrastructure is certified by the DOE or property tax relief (including spending for buses and technology but not athletic facilities. Authorizes schools receiving money from a local option tax to continue to receive money at that rate. Distributes the remaining money on a per-pupil basis. Repeals: Repeals the regular PPE levy and the local option school tax and lowers the school district debt service levy. Sunsets the sales tax increase in 2023. (Ed) (Some changes from HF 212)

HF 263 BIRTH CERTIFICATE FEES Increases the fee for birth certificates to $15 for FY 2004 & FY 2005, and to $20 thereafter to fund a birth defects institute central registry. Authorizes the continued use of $10 from the registration fee to fund primary and secondary child abuse prevention programs. (Human Resources)

HF 266 LEAD TESTING (Ford) Requires the Department of Public Health to require that children receive a blood test for lead prior to the age of six and before enrolling in any elementary school in Iowa. Establishes requirements for DPH in regard to working with schools and allows waivers if the DPH determines that a child is very low risk or on religious grounds. Exempts provisions of the bill from the state mandate law. (Education)

HF 273 PHYSICAL ACCESS TO MEDICAL CARE (Jochum) Requires health care facilities and medical professional offices to comply with the ADA by January 1. Requires such places to maintain certain devices to aid persons with mobility impairments and notify the DPH of its compliance. Makes certain exemptions for nursing homes and emergency medical care providers. Makes other requirements. (State Government)

HF 282 IPERS REEMPLOYMENT EARNINGS (Heaton) Eliminates the limit on the wages a retired IPERS member can earn as a substitute teacher without a reducing benefits. (State Government)

HF 283 TOBACCO TAX INCREASES (Shoultz) Increases the per cigarette tax to 4.9 cents. Increases the tax on tobacco products to 25% of the wholesale price.. (Ways & Means)

HF 284 HIGHER TOBACCO TAX INCREASES (Rayhons & Greimann) Increases the per cigarette tax to 6.8 cents Increases the tax on tobacco products to 25% of the wholesale price. Makes other changes. (Ways & Means)

HF 295 PERSONAL NEED ALLOWANCE (Lensing) Allows Medicaid recipients residing in nursing homes to retain $50 per month as a personal needs allowance. Directs the allowance be increased yearly based on the CPI. (Human Resources)

HF 297 HEALTH WORKER OT (Mascher) Requires nurse staffing ratios. Companion to SF 11 (HR)

HF 306 BREAST CANCER AWARENESS PLATES (Transportation; Successor to HF 184) Directs the DOT to issue a Breast Cancer Awareness plate with a pink ribbon image. Sets initial fees of $35 and $60 for personalized plates, and annual fees of $10 and $15. Directs distribution to the Susan G. Komen Foundation or other nonprofit. (Appropriations)

HF 307 RETINOBLASTOMA SCREENING (Greiner) Requires the DPH to develop rules for requiring pediatricians to screen for retinoblastoma, an eye cancer, during well-baby visits. (Human Resources)

HF 320 ABUSE REPORTS (Hutter & Jim Van Fossen) Allows for oral child abuse reports to be made to law enforcement. Directs how reports received by the DHS are to be forwarded to the local law enforcement agency. Requires the local law enforcement agency to notify mandatory reporters if an criminal investigation resulted from the mandatory report. Makes other changes related to child abuse reporting and investigation. (Human Resources)

HF 321 INFANT CARE PROGRAM (Greimann & Heddens) Requires the DHS to establish an At-Home Infant Child Care Program from families eligible for the Child Care Assistance Program. Or are participating in the Family Investment Program. Limits eligibility to families with infant under 12 months and not receiving other public assistance. Sets maximum assistance levels and other requirements. (Human Resources)

HF 325 HAWKI ELIGIBILITY (Hogg) Increases to family income level to 300 percent the federal poverty level for continued eligibility in the Hawk-I Program. (Human Resources)

HF 332 SCHOOL HEALTH INSURANCE (Winckler; Companion to SF 212) Requires the Insurance Division to review health insurance coverage for school districts, including availability, ratings practices, continuity of coverage, and other matters. Requires a review of alternatives by a school health insurance reform team, selected by the Insurance Commissioner, which include the a number of specified representatives. (Commerce)

House Study Bills

HSB 183 PHYSICAL THERAPY PRACTICE (State Government) Prohibits use of certain titles and abbreviations related to physical therapy or physiotherapy practice unless the services are provided by a physical therapist. Makes other changes. Dennis (C), Roberts, Jochum (Some differences from HSB 130, SSB 1085)

HSB 191 LICENSING PHYSICIAN ASSISTANTS (Human Resources) Requires an education course for physician assistants be approved by the AMA Committee on Allied Health Education and Accreditation. Allows physician assistants to render care in emergencies or disaster without the supervision of a physician and gives limited criminal and civil immunity. Exempts physician assistants working under federal jurisdiction from licensing requirements. Effective upon enactment. Boddicker (C), Tymeson, Watts, Heddens, Smith

HSB 201 HOSPITAL TRUSTEE ELECTIONS (Local Government) Requires a candidate for a hospital or health care facility trustee be a resident of the appropriate service area at the time of the election. Authorizes the other trustees to fill a vacancy by an appointment unless the a petition for a special election is filed. Maddox (C), Hansen, Gaskill

HSB 207 CONSUMER RECORDS PRIVACY (Judiciary) Adopts provisions in consumer laws to protect personal information. Prohibits the release of identifiable health information for marketing purposes unless the consumer consents. Requires the DOT to use a number other than a person's social security number on a driver's license. Prohibits asking for a debit card number and expiration date as a condition for accepting a check. Prohibits printing expiration dates or more than five credit card digits on sales receipts. Contains other related provisions including civil penalties. (AG) Eichhorn (C), Boddicker, Reasoner

Senate Files

SF 182 UNEMPLOYMENT CONTRIBUTIONS (Kreiman) Authorizes a reduction in the unemployment compensation for an employer which is not a government entity, a nonprofit, or an Indian tribe, and the employer has been in the state for more than 10 years and is not currently delinquent on past contributions. Allows the employer to reduce the taxable wages for any quarter by the amount of taxable wages paid in the current quarter which exceeds the amount paid in the corresponding quarter in the previous year. (Business & Labor)

SF 200 CHILD SAFETY SEAT REQUIREMENTS (Transportation; Successor to SF 28) 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. FM: Johnson (Calendar)

SF 206 ELIMINATE CON FOR BIRTH CENTERS (Schuerer) Exempts independent birth centers from the certificate of need requirements for health facilities. (Human Resources)

SF 212 SCHOOL INSURANCE (Kreiman) Requires the Insurance Division to review health insurance coverage for school districts, including availability, ratings practices, continuity of coverage, and other matters. Requires a review of alternatives by a school health insurance reform team, selected by the Insurance Commissioner, which include the a number of specified representatives. (Education)

SF 213 UNEMPLOYMENT ELIGIBILITY (Kreiman) Strikes the requirement that an individual must be paid a total of wages equaling 1 1/4 times the amount of wages paid in the highest quarter of wages for the individual's base period in order to be eligible for unemployment. (Business & Labor)

SF 214 FAMILY LEAVE (Warnstadt & Holveck; Companion to HF 119) Makes it an unfair employment practice under the Civil Rights Act to discriminate against an employee or applicant because the person exercised rights under the federal Family And Medical Leave Act. (Business & Labor)

SF 222 ORGAN DONOR INCENTIVES (Human Resources; Successor to SF 123) Establishes a bone marrow and vascular organ donation incentive program for state employees. Grants leaves to employees who serve as bone marrow donors or as vascular organ donors. Establishes documentation requirements and other requirements for the program. Floor Manager: Boettger See HF 147

SF 227 MENTAL ILLNESS COVERAGE (Holveck, et al) Requires health insurance plans to cover mental illness, and alcohol or substance abuse treatment and based on rates, terms, and conditions that are no more restrictive than the coverage for other conditions under the plan. Makes definitions and exempts employers with fewer than 25 employees. (Commerce)

Senate Study Bills
SSB 1099 INCAPACITATION EXAMINATIONS (Judiciary) Authorized the examining physician, rather than the chief medical officer, to make treatment recommendations for persons who been detained due to incapacitation caused by substance abuse or mental health problems. Tinsman (C), Boettger, Quirmbach

SSB 1103 ANESTHESIA BY PODIATRISTS (Human Resources) Prohibits podiatrists from giving general anesthesia. See HSB 168 Behn (C), Boettger, Ragan

SSB 1107 ADMINISTRATIVE SERVICES DEPARTMENT (Government Oversight) Eliminates the DIT, DOP, and DGS and moves their functions into the Department of Administrative Services. Transfers the finance duties of the DRF into the new agency and renames the department as the Department of Revenue. Establishes IPERS as a state agency and rolls PORS into the agency. Establishes transition procedures and covers related matters. Senator Brunkhorst and Senator Dvorsky are the only subcommittee members listed.

SSB 1108 PHARMACISTS AND PHARMACIES (State Government) Requires pharmacies to implement a continuous quality improvement program to avoid errors and improve services. Internet: Establishes rules regarding internet drug deliveries to bar the delivery of drugs without a valid prescription. Requires the Board of Pharmacy Examiners to establish rules for complaints regarding internet drug orders and other procedures, penalties and collection powers available under current Iowa administrative procedures. Pharmacy Advancement Fund: Authorizes the creation of this fund for the Board to use to assist and regulate various aspects of the promotion of safety and training. Fees: Increases the fees for disciplinary hearings to $250. Veenstra (C), Courtney, Tinsman

SSB 1114 IPERS RETIREMENT (State Government) Allows an IPERS employee who retires after July, 2003 to return to IPERS covered employment after one month of retirement. Drake (C), Kibbie, Tinsman (See HF 169)

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