LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
A benefit of membership
Volume 5, Number 8, March 7, 2003

Connecting with Nurses on Health Issues

ARNPs AS Primary Care Providers
An INA priority to assist in Medicaid savings, HF 60, was recommended for passage on Thursday afternoon. INA member and State Representative Linda Upmeyer (R-Garner) This bill would allow the 86% of Medicaid recipients who are enrolled in managed care to see an ARNP as their primary care provider. Since 1998, ARNPs have been able to see Medicare recipients due to legislation introduced in Congress by Iowa Senator Grassley. The vote was 20-1. Send thanks to representatives on House Human Resources committee, except Rep. Roberts and start calling for a yes vote on HF 60. Representatives of physician associations still oppose the measure. The bill goes to the House Floor for debate. Start your calls now.

Funding for College Aid Commission
Rep. David Heaton has introduced HF 436 appropriates $500,000 for FY 2004 for a registered nurse loan repayment program from the Senior Living Trust Fund. $100,000 is dedicated for RNs seeking to be faculty. It goes to Appropriations Committee. Send your thanks to Rep. Heaton and begin contacts with representatives to encourage passage.

Budget Proposals
Republicans released their budget targets and proposed spending about $116 million less than the Governor. They have decided not to approve combined reporting for corporations or include revenues from internet sales, are looking for additional savings in state government, and while they propose a slightly lower ending balance, will have a larger balance in the Cash Reserve Fund.

Collective Bargaining Agreements
Senator Iverson said that the state needs to look at Chapter 20 collective bargaining agreements and may need to eliminate binding arbitration. He said that all of the parties would work harder to reach agreements during the bargaining process if the potential to go to arbitration is eliminated. Iverson said that he would support the right of state employees to strike, except for public safety workers. Iverson also said that if arbitration is retained, the ability of the government to raise taxes to pay for salaries should not be allowed as a consideration by the arbitrator. Senator Iverson said that SSB 1118 PUBLIC EMPLOYEE COLLECTIVE BARGAINING, passed by the Business & Labor Committee, is a start but does not go far enough. He said that given the state budget, state employees should have taken a wage freeze. Iverson said that the pay and benefits increase is 6% to 8% (2% salary increase + 4.5% merit increase + 2% increase for health benefits) and that 90% of state employees get a merit step. Iverson said that overall the state spends too much on salaries.

Speaker Rants said that the arbitration process has to include comparisons with private workers.

Rep. Gipp said that the cost of the collective bargaining agreement, along with the cost of increases expected in Medicaid, makes education the third spending priority.

Lengthy Legislative Connection
This newsletter is very long due to the numerous bills being introduced just prior to the NEW funnel deadline of March 14. Readers are encouraged to just skim titles. The length of the newsletter shows how many health care issues are put before legislators for consideration and why it is important for the voice of nursing to be heard on these issues.

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; HF 377 introduced)

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. (HF 436 introduced)

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. (Preferred bills HSB 48, SF 232; Other: HF 63, SF 58, SF 227, SF243)

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; HSB 233 expected to be moved)

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; HF 384)

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 now SF 235)
5. Elimination of CON: For all services: SF 139; for Birth Centers SF 206 (Failed in Committee)
6. Disaster Preparedness: HSB 147, now HF 396.
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
12. IPERS Changes: HF 398

Resolutions:

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 (Mascher, et al) Urges that candidates for national offices be asked how they intend to provide affordable health care coverage for all citizens.

COMMITTEE ACTION

House Committee Action

House Appropriations: Voted Out:

HF 306 BREAST CANCER 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. PASSED, 24-0 FM: Jacobs

HSB 232 FEDERAL BLOCK GRANTS - Appropriates federal block grants beginning October 1, 2003 (federal fiscal year).PASSED, 24-0; FM: Upmeyer

House Commerce & Labor: Voted Out:

HF 147 ORGAN DONOR INCENTIVES - 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. PASSED; Floor Manager: Watts

House Commerce & Labor: Assigned to Subcommittee:

HF 332 SCHOOL HEALTH INSURANCE - Sands (C), Jamie Van Fossen, Wise

House Human Resources: Assigned to Subcommittee:

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

HF 355 NEWBORN VISITS - Heaton (C), Foege, Tymeson

HF 368 ELDER GROUP HOMES - Upmeyer (C), Boddicker, Smith

HF 369 DHS STAFFING LEVELS - Heaton (C), Carroll, Heddens

HF 375 SENIOR DRUG ASSISTANCE PROGRAM - Roberts (C), Wendt, Wilderdyke

HF 382 COUNTY MH REPAYMENT - Heaton (C), Carroll, Smith

HF 383 MEDICAL ASSISTANCE WAIVERS - Heaton (C), Berry, Carroll

HF 384 USE OF HAWK-I - Heaton (C), Murphy, Tymeson

HF 403 MEDICAID MANAGED CARE - Heaton (C), Carroll, Greimann

HF 406 CHILD SUPPORT ASSIGNMENT - Heaton (C), Boddicker, Smith

HF 409 DRUG DISCOUNT HOTLINE - Heaton (C), Murphy, Upmeyer

House Human Resources: Voted Out:

HF 60 ADVANCED NURSE PRACTITIONERS - Lets advanced nurse practitioners be providers of health care services including primary care for medical assistance managed care or prepaid service. PASSED, 20-1; FM: Upmeyer

HSB 168 ANESTHESIA BY PODIATRISTS (Human Resources) Prohibits podiatrists from giving general anesthesia. AMENDED & PASSED, 21-0; FM: Boddicker

HF 190 UNIVERSAL INFANT HEARING TEST - Requires birthing hospitals to test newborns for hearing loss using either ABR or OAE methods or other method approved by the DPH and report the results to the parents and to DPH. Requires testing within 3 months if the birth takes place other than a birthing center. Allows for exemption on religious grounds. Effective January 1, 2004. AMENDED & PASSED, 19-0; FM: Upmeyer

HSB 143 ELDER AFFAIRS ACT - Conforms the Elder Iowans Act with federal legislation by amending definitions. Reduces the number of meeting times for the Commission on Elder Affairs to four. Strikes obsolete or outdated provisions. PASSED; Floor Manager: Upmeyer

HSB 147 EPIDEMIOLOGY AND DISASTER DIVISION - Creates the Division of Epidemiology, Emergency Medical Services, and Disaster Operations in the DPH. Authorizes the DPH to create disaster medical assistance teams during times of disaster, and to carry out additional duties during a public health disaster. Authorizes the DPH to investigate diseases that may be a potential cause of a public health disaster. PASSED; Floor Manager: Watts

HSB 148 CONTROLLED & PRECURSOR SUBSTANCES - Makes technical changes to conform the Iowa Code to the federal Uniform Controlled Substances Act and to the precursor chemical federal amendments. Allows the suspension or restriction of the authority of a health care professional to prescribe controlled substances if the professional has been the subject disciplinary action by the appropriate licensing board. (Board of Pharmacy Examiners) PASSED; Floor Manager: Klemme

House Judiciary: Voted Out:

HF 116 BURN INJURY REPORTING - Requires doctors to report certain burn injuries to the State Fire Marshal. Makes failure to report a simple misdemeanor. PASSED, 21-0; FM: Baudler

House State Government: Assigned to Subcommittee:

HF 398 IPERS ALTERNATIVE - Drake (C), Connors, Elgin, Jones, Lykam

House State Government: Voted Out: (1)

HSB 192 ADMINISTRATIVE SERVICES DEPARTMENT - 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. AMENDED & PASSED, 20-0; FM: Elgin

Senate Committee Action

Senate Business & Labor Relations: Assigned to Subcommittee:

SF 213 UNEMPLOYMENT ELIGIBILITY - Schuerer (C), Dearden, McKibben

SF 214 FAMILY LEAVE - Schuerer (C), Dearden, McKibben

Senate Business & Labor: Voted Out (1)

SSB 1118 PUBLIC EMPLOYEE COLLECTIVE BARGAINING - Limits scope of collective bargaining with public employees to those items specifically mentioned in code. Requires arbitrators to be Iowa residents and have private sector employment experience. Requires consideration of total compensation including benefits. Requires comparison with private sector as well as public sector employees. Eliminates the public employer's ability to tax as a consideration. PASSED, 6-5; FM: Schuerer

Senate Commerce: Assigned to Subcommittee:

SF 227 MENTAL ILLNESS COVERAGE - Angelo (C), Warnstadt, Wieck

SF 232 NEUROBIOLOGICAL COVERAGE - Angelo (C), Warnstadt, Wieck

SF 243 MENTAL HEALTH COVERAGE - Angelo (C), Warnstadt, Wieck

Senate Human Resources: Assigned to Subcommittee:

HF 206 CHILD ABUSE REPORTING - Veenstra (C), Boettger and Ragan

SF 206 ELIMINATION OF CON FOR BIRTH CENTERS - Schuerer (C), Behn and Hatch

SF 233 INFANT HEARING TESTS - Boettger (C), Hosch, Ragan

SF 234 THERAPEUTIC MARIJUANA - Veenstra (C), Hatch, Seymour

SF 251 MEDICAID REIMBURSEMENTS - Behn (C), Horn, McKinley

SF 257 ELDER GROUP HOMES - Tinsman (C), Kreiman, McKinley

SF 258 MEDICAID INMATES - Seymour (C), Behn, Horn

SF 276 ELDER GROUP HOMES - Tinsman (C), Kreiman, McKinley

SF 277 HEALTH CARE PARTNERSHIPS - Hosch (C), Hatch, Schuerer

Senate Human Resources: Voted Out:

SF 3 ABORTION REPORTING -Requires that the use of RU-486 in inducing abortions be reported to the Department of Public Health. PASSED, 12-0

Senate Human Resources: Failed to Vote Out: (1)

SF 206 EXEMPTION OF BIRTH CENTERS FROM CON - Exempts freestanding birth centers from the certificate of need requirements for health facilities. FAILED, 4-8

Senate Human Resources: Voted to the en Bloc Calendar:

Mental Health & Developmental Disabilities Commission: Michael Bergan, William Gorman, Jon Grate, Lannie Miller, Lori Reynolds

Senate Local Government: Assigned to Subcommittee:

SF 247 AUTOPSIES - Houser (C), Seymour, Stewart

Senate State Government: Voted Out:

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. PASSED, 13-0 FM: Drake (Successor SF 318)

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

Bills Introduced of Interest to Nurses

Find the bills at http://www.legis.state.ia.us "Track Legislation"

House Files

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)

HF 353 WORKER INJURY TREATMENTS (T Taylor & Murphy) Allows employees with an injury covered under workers' compensation to choose the treatment care at the employer's expense, if the employer is notified of the choice. Allows the employer to challenge this choice and to request a decision by the workers' compensation commissioner. (Commerce)

HF 355 NEWBORN VISITS (Foege) States the legislative intent to fully fund newborn visitation services in order to make these services available statewide by FY 2006. (Human Resources)

HF 359 VOLUNTEER HEALTH CARE PROTECTIONS (Myers) Establishes civil liability immunity for hospitals, and other health care facilities, health care referral programs, and charitable organizations that offer free medical, dental, or chiropractic services through the volunteer health care provider program. (Human Resources)

HF 368 ELDER GROUP HOMES (Dolecheck & Reasoner) Defines an Elder Group Home as a single-family residence operated by a person who provides room, board, and personal care to tenants. Allows Elder Group Homes to be staffed 24-hours a day, 7-days a week. (Human Resources)

HF 369 DHS STAFFING LEVELS (Frevert) Requires the DHS either have staff present at least three day a week during regular business hours at county offices or assure calls made to that office are transferred to other open office. (Human Resources)

HF 375 SENIOR DRUG ASSISTANCE PROGRAM (Osterhaus) Creates the Iowa Senior Pharmaceutical Care Program for drug coverage for persons over the age of 65 who meet other criteria. Directs that prescription drugs covered are those as covered by the Medical Assistance Program and that the manufacturer has entered into a rebate agreement with the DPH. Requires pharmacies and pharmacists who participate in the Medical Assistance Program to participate in the Senior Pharmaceutical Care Program. Requires participating individual to pay an annual $20 fee, a co-payment, and an annual deductible for those with incomes above 160% of the federal poverty level. Sets manufacturer rebate requirements. Makes other related provisions. (Human Resources)

HF 377 NURSING LICENSING FEES (Mascher) Creates a fund for nurse licensing fees within the Treasurer's Office. Authorizes the Board of Nursing to use those fees to carry out its duties.

Effective upon enactment. (State Government)

HF 378 GENETIC PRIVACY (Jochum, et al.) Add new code section regarding Genetic Information Privacy. Requires informed consent prior to genetic testing or retention of such information and prior written consent for disclosure Made exemptions for newborn, research, paternity, criminal screening or otherwise authorized by law. Prohibit by insurers discrimination against the person or family members based on test information. Prohibits employers from discrimination based on such information unrelated to the job duties required. Allows for a private cause of action for actual damages and attorney fees and statutory damages $100,000 if the violation was an intentional and willful act, or punitive damages is the act is malicious. (Commerce & Labor)

HF 381 ORGAN DONOR INCENTIVES (Commerce; Successor to HF 147 & Companion to SF 222) 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. (Commerce)

HF 382 COUNTY MH REPAYMENT (Heaton) Directs that if state billings to a county for MH/MR/DSS services has been outstanding for a year or more and not contested the county's allowable growth factor adjustment payment is reduced by the amount of the outstanding billings. (Human Resources)

HF 383 MEDICAL ASSISTANCE WAIVERS (Heaton) Lets a provider of services under a Medical Assistance Home and Community-Based Services waiver end the contract of a person providing care if the provider finds the contractor hasn't provided the services. (Human Resources)

HF 384 USE OF HAWK-I (Heaton) Directs the Supreme Court with the DHS determine the feasibility of using the Hawk-I coverage for parental medical support obligations to a dependant under a medical support order. (Human Resources)

HF 386 ELDER AFFAIRS ACT (Human Resources; Successor to HSB 143) Conforms the Elder Iowans Act with federal legislation by amending definitions. Reduces the number of meeting times for the Commission on Elder Affairs to four. Strikes obsolete or outdated provisions. FM: Upmeyer

HF 389 CONTROLLED & PRECURSOR SUBSTANCES (Human Resources; Successor to HSB 148) Makes technical changes to conform the Iowa Code to the federal Uniform Controlled Substances Act and to the precursor chemical federal amendments. Allows the suspension or restriction of the authority of a health care professional to prescribe controlled substances if the professional has been the subject disciplinary action by the appropriate licensing board.

HF 396 EPIDEMIOLOGY AND DISASTER DIVISION (Human Resources; HSB 147) Creates the Division of Epidemiology, Emergency Medical Services, and Disaster Operations in the DPH. Authorizes the DPH to create disaster medical assistance teams during times of disaster, and to carry out additional duties during a public health disaster. Authorizes the DPH to investigate diseases that may be a potential cause of a public health disaster. Effective upon enactment.

HF 398 IPERS ALTERNATIVE (Kurtenbach, et al.) Establishes an optional Alternative Retirement Benefits for IPERS teachers and city and county hospital employees. Requires the state Board of Education to establish an Alternative Pension and Annuity Retirement System for school district and AEA elementary and secondary teachers. Directs that after July 1, 2004 current and newly hired teachers be given the option of either plans. Requires contribution payment be the same as if the contribution was made to IPERS and vests immediately employee and employer contributions. Contains other provisions. (State Government)

HF 403 MEDICAID MANAGED CARE (Heaton) Allows DHS to contract for managed care of adult mental health or substance abuse services under the Medicaid. Effective upon enactment. (HR)

HF 409 DRUG DISCOUNT HOTLINE (Heaton) Appropriates $50,000 to DHS and direct the Department in cooperation with IU College of Pharmacy and Drake College of Pharmacy establish a pharmaceutical discount clearinghouse and hotline. (Human Resources)

HF 410 SMOKING PROHIBITIONS (Lensing & Mascher) Prohibits smoking in all public places and eliminates designated smoking areas in public places. Makes an exception for a retail store with 50% of its sales from tobacco related products. (Human Resources)

HF 414 GROUP HEALTH CANCELLATION (Thomas) Requires employers to notify employees at least 30 day prior to the cancellation of group health insurance including lapse due to nonpayment of premiums. Allows for employers to notify employers with than 30 days under certain cases. (Commerce)

HF 417 NURSES AIDE TRAINING HOURS (Mascher) Raises the number of hours of training for a certified nurses aide to 90. (State Government)

HF 418 OBESITY MEASUREMENT (Foege; Companion to SF 175 by Bolkcom) Requires the Department of Public health to maintain records on the height, weight and body mass index of students from K-12 schools in an obesity measurement program. Does not require schools to be in the program, or for students to participate. Requires the DPH to develop ways to share the data while protecting the identify of students. (Education)

HF 420 HEALTH INSURANCE TAX CREDIT (Hogg) Allows a refundable tax credit for individual and corporate tax for a business proving health care benefits to employees and retirees. Set the credit equal to 25 percent of the lesser of $2,500 or an average of $250 for each employee receiving benefits and working in the state. (Ways & Means)

HF 422 EXPERIMENTAL MEDICAL TREATMENTS (Mertz) Allows a physician to authorize the use of experimental new or unconventional medical treatment if the doctor has examined the patient and has no reason to conclude the treatment poses an unreasonable or significant risk. (Human Resources)

HF 433 DIABETES TREATMENT (Hoffman) Requires third-party health insurance and HMOs to pay for costs associated with and training programs related to diabetes. (Commerce)

HF 434 HEALTH INSURANCE STUDY (Bukta, et al.) Requires the DOP Director and the Insurance Commissioner to conduct a study for the creation of a statewide public employee health benefit system. Gives directions for the study. (State Government)

HF 436 NURSE LOAN REPAYMENTS (Heaton) Appropriates from the Senior Living Fund to the College Student Aid Commission $500,000 for FY 2004 for registered nurse loan repayment.. Directs $100,000 of the money be used for registered nurses who are instructors at nursing colleges. (Appropriations)

HF 444 HEALTH INSURANCE INCREASE NOTICE (Petersen, et al.) Requires group health insurance a 45-day notice of premium rate increases and permit the policyholder to renew coverage in one-moth increments (Commerce)

HF 452 MEDICAID INMATES (Maddox & Foege; Companion to SF 258) Requires the DHS to provide Medicaid coverage for any adult or juvenile who is in custody of the juvenile or adult criminal justice system. (Human Resources)

HF 454 UNIVERSAL INFANT HEARING TEST (Human Resources; Successor to HF 190) Requires birthing hospitals to test newborns for hearing loss using either ABR or OAE methods or other method approved by the DPH and report the results to the parents and to DPH. Requires testing within 3 months if the birth takes place other than a birthing center. Allows for exemption on religious grounds. Effective January 1, 2004. FM: Upmeyer (Calendar)

HF 455 BURN INJURY REPORTING (Judiciary; Successor to HF 116) Requires doctors to report certain burn injuries to the State Fire Marshal. Makes failure to report a simple misdemeanor. (Calendar)

HF 457 CHILD TO ADULT TRANSITION (Heaton) Requires DHS to establish Local Transition Committees to address the transition to adulthood needs of children 16 or old and are receiving child welfare services. Contains other related provisions. (Human Resources)

HF 459 NEWBORN SCREENING (Masher) Establishes an expanded genetic and metabolic disorder screening program for newborns. Lists numerous disorders to be screened for. Has other related provisions. (Human Resources)

HF 465 HEALTH EDUCATION (Mascher) Requires school districts and accredited private schools dispense medically accurate and age appropriate health education and related topics. (Education)

HF 472 FEDERAL BLOCK GRANTS (Appropriations; Successor to HSB 232) Appropriates federal block grants beginning October 1, 2003 (federal fiscal year). (Calendar) FM: Upmeyer

HF 475 MEDICAL DAMAGE CLAIMS (Paulsen) Limits recovery in medical wrongful death or personal injury cases to economic damages in negligence cases; to equal amounts of economic and non-economic damages in cases of recklessness; non-economic damages three times that of and plus economic damages in gross negligence case; and, punitive damages in intentional wrongdoing. (Judiciary)

HF 477 ALTERNATIVE HEALTH CARE (Fallon; Companion to SF 294 by Hatch) Creates a Code section regarding alternative or complementary health care and prohibits penalizing practitioners of such services if they meet the guidelines of the new Code sections. (State Government)

House Study Bills

HSB 227 CHIROPRACTOR CHANGES (Human Resources) Prohibits certain health care professionals not licensed as a chiropractor from performing spinal manipulations and adjustments. Set chiropractor training and instruction requirement. Makes violations a serious misdemeanor. (Human Resources) Boddicker (C), Berry, Tymeson

HSB 231 WORKERS COMP INJURIES (Commerce) Directs when an employee suffers successive work-related injuries or illness the employer is not liable to pay compensation benefits for the portion of the disability caused by a pre-existing injury. Establishes a presumption that a prior workers comp settlement shows that an injury is pre-existing and should be excluded from additional compensation. Horbach (C), Connors, Watts

HSB 232 FEDERAL BLOCK GRANTS (Appropriations) Appropriates federal block grants beginning October 1, 2003 (federal fiscal year).Upmeyer (C), Roberts, Smith

HSB 233 ELDER FAMILY HOMES (Human Resources) Directs the Department of Elder Affairs regulate Elder Family Homes in cooperation with the DIA. and Assisted Living Programs. Upmeyer (C), Boddicker, Murphy

HSB 239 ADULT DAY CARE (Human Resources) Authorizes the Department of Elder Affairs, with the cooperation of the Department of Inspections and Appeals, to regulate adult care. Requires the DEA to establish a certification and monitoring program. Requires consultation with the DIA and industry groups. Establishes application and fee requirements; procedures for denial, suspension, or revocation of certification; including a complaint process. Contains other related provisions. Upmeyer (C), Boddicker, Murphy

HSB 241 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. (DPH/Pharmacy Examiners; same as SSB 1108.) Greiner (C), Watts, Jochum

HSB 248 PROFESSIONAL LICENSING (State Government) Transfers the Professional Licensing Division of the Department of Commerce to the Secretary of State. Allows all licensing boards to suspend, revoke other discipline a licensee based on the actions of other states, other countries or the federal government. (Secretary of State) Elgin (C), Oldson, Roberts, Watts, Fallon, Hutter, Jochum

HSB 253 COMMUNITY COLLEGE WORKFORCE FUNDS (Economic Growth) Sets up separate funds for each Community College for Workforce Training and Economic Development funds. No reversion of unused funds. Limits the amount that can be appropriated to the funds to $10 million for FY 2004 and increasing by $10 million for each of the next four years for a four year total of $100 million. Establishes mechanism for the community colleges to tap the funds. Jenkins (C), Hoffman, Lukan, Struyk, Dandekar

HSB 254 COMMUNITY COLLEGE WORKFORCE FUNDS II(Economic Growth) Sets up separate funds for each Community College for Workforce Training and Economic Development funds. No reversion of unused funds. Limits the amount that can be appropriated to the funds to $10 million for FY 2004 and increasing by $10 million for each of the next four years for a four year total of $100 million. Establishes mechanism for the community colleges to tap the funds. After FY 2008 lets the community college levy property taxes for the fund. Jenkins (C), Hoffman, Lukan, Struyk, Dandekar

HSB 255 COMMUNITY COLLEGE WORKFORCE FUNDS III(Economic Growth) Sets up separate funds for each Community College for Workforce Training and Economic Development funds. No reversion of unused funds. Limits the amount that can be appropriated to the funds to $10 million for FY 2004 and increasing by $10 million for each of the next four years for a four year total of $100 million. Establishes mechanism for the community colleges to tap the funds. Pays for the funds with an increased cigarette tax. Jenkins (C), Hoffman, Lukan, Struyk, Dandekar

Senate Files

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)

SF 232 NEUROBIOLOGICAL COVERAGE (Lundby) Requires that health care policies that include coverage for neurobiological disorders to be based on rates, terms, and conditions that are no less restrictive than for other conditions under the policy. Defines neurobiological disorders and requires the Insurance Commissioner to adopt these definitions by rule and to update them as needed. Defines underlying and co-existing disorders and substance abuse. Reports in 2005: Requires the Insurance Division and the State Auditor to study the costs of neurobiological disorder coverage benefits in Iowa. Requires the DPH, in conjunction with specific groups, to study the mental health delivery system. (Commerce)

SF 233 INFANT HEARING TESTS (Boettger & Ragan) Requires newborn babies to be screened for hearing loss as of January 1, 2004. Requires birthing facilities to perform the tests or to refer the parents to a testing facility. Requires pediatric care specialists who treat babies born outside of regular birthing facilities to refer them for hearing screening. Requires the DPH to adopt rules.

SF 234 THERAPEUTIC MARIJUANA (Hatch, Bolkcom, Dvorsky) Authorizes the use of marijuana for certain medical conditions and creates a marijuana therapeutic research program. Lists the covered conditions. Makes conforming changes and other provisions to implement the provisions of the bill.

SF 235 CRIMINAL HISTORY CHECKS (Judiciary; Successor to SSB 1083) Includes the Boards of Behavioral Science Examiners, the Board of Dietetic Examiners and the Board of Social Work Examiners in the boards with continuing education and regulatory powers. Checks: Allows licensing boards to make criminal history checks on applicants or for reviewing or monitoring license holders. Authorizes boards to require applicants and licensees to provide fingerprints for background checks. Allows boards to collect for the cost of obtaining this information. Makes this background information confidential but allows it to be used in a license denial proceeding or in a disciplinary proceeding. FM: Tinsman

SF 243 MENTAL HEALTH COVERAGE (Connolly) Requires health insurance or other coverage plans to offer coverage for mental health benefits, under conditions that are no more restrictive than for other coverage benefits. Includes mental illnesses that involve alcohol abuse or drug abuse. (Commerce)

SF 247 AUTOPSIES (Brunkhorst) Requires the county medical examiner to determine that the public interest requires an autopsy under a number of circumstances, including for people who die in hospices or who were diagnosed with a terminal illness and who die at home. Requires a person who requests an autopsy that is not required in the public interest to pay for the autopsy. (Local Government)

SF 251 MEDICAID REIMBURSEMENTS (Bolkcom) Requires the Medicaid reimbursement paid to service providers under the home & community based waiver program to be recalculated annually and uses a new index for increases based on skilled nursing costs. (Human Resources)

SF 254 COMPARABLE WORTH (Dotzler, et al) Makes it a simple misdemeanor for an employer to discriminate in paying wages and benefits between jobs of comparable worth. (Business & Labor)

SF 255 WAGE DISCRIMINATION (Dotzler, et al) Prohibits wage discrimination based on sex race or national origin. Requires annual reports by employers to employees on how their wages are calculated. (B & L)

SF 257 ELDER GROUP HOMES (Tinsman) Strikes the requirement that an elder group home be owner-occupied and requires the home to be staffed at all hours. (Human Resources)

SF 258 MEDICAID INMATES (Hatch) Requires the DHS to provide Medicaid coverage for any adult or juvenile who is in custody of the juvenile or adult criminal justice system.

SF 261 DHS & DPH MERGER (Tinsman) Creates a planning group to look at merging the DPH and the DHS. Requires a report to the Legislature by December 2003. (Government Oversight)

SF 276 ELDER GROUP HOMES (Lundby) Makes changes to the regulation of elder group homes and assisted living centers. (Human Resources)

SF 277 HEALTH CARE PARTNERSHIPS (Hatch) Creates special health care access partnerships in the DPH to help deliver health care services to low-income persons without health insurance. (Human Resources)

SF 280 MEDICAID STUDY (Bolkcom) Directs the Medicaid advisory council to determine the minimum requirements under federal law for the Medicaid program and to determine the extent the state exceeds those minimum requirements. Requires the council to review potential cost savings measures and to make recommendations to the Governor for a program redesign by September 1, 2003. (Human Resources)

SF 285 WORKFORCE TRAINING FUNDS (Shull) Creates a workforce training fund for each community college. Requires the community colleges to notify the DOM about the money needed for training programs, and for the DOM to let the colleges know how much money is available. Establishes criteria for determining program eligibility, funding procedures (through the BIO fund) and related matters. (Economic Growth)

SF 286 WORKFORCE TRAINING FUNDS II (Shull) Similar to SF 285 but changes the funding mechanism and adds caps on the amounts (starting at $10 million and increasing to $40 million for FY 2007). (EG)

SF 287 WORKFORCE TRAINING FUNDS III (Shull) Similar to SF 286 (including caps on the amounts) but changes the funding mechanism to an increase on the cigarette tax (increases 18 cents a pack by 2007). (EG)

SF 292 MILITARY COUNSELING (Warnstadt) Authorizes former members of the military, or their families, to have three sessions at a community health center upon finishing their active service. Requires the state to pay and creates a standing appropriation. (Human Resources)

SF 294 ALTERNATIVE HEALTH CARE (Hatch) Creates a Code section regarding alternative or complementary health care and prohibits penalizing practitioners of such services if they meet the guidelines of the new Code sections. (State Government)

SF 302 MEDICAID COSTS (Kreiman) Requires the DHS to report annually on contracted services and to do a cost-benefit analysis on the costs of managed care contracts for substance abuse and mental health services. (Human Resources)

SF 303 CHILD ABUSE ASSESSMENTS (Kreiman) Allows a child abuse worker to not make certain determinations for the need for services or other areas if the worker determines the report was spurious or if there are no protective concerns. (Human Resources)

SF 310 SENIOR LIVING TRUST (Bolkcom) Requires that the money in the Senior Living Trust Fund be invested (or reinvested) from 2003 to 2005 and prohibits using money from the fund until the principal reaches $200 million. Allows the use of interest after that point for the conversion of nursing facilities and development of long-term care facilities. (Human Resources)

Senate Study Bills

SSB 1118 PUBLIC EMPLOYEE COLLECTIVE BARGAINING (Business & Labor) Limits scope of collective bargaining with public employees to those items specifically mentioned in code. Requires aribitrators to be Iowa residents and have private sector employment experience. Requires consideration of total compensation including benefits. Requires comparison with private sector as well as public sector employees. Eliminates the public employer's ability to tax as a consideration. Schuerer (C), Weick, Courtney

SSB 1126 HOSPITAL TRUSTEES (Local Government) Requires candidates for hospital trustee be residents of the area served by the hospital. Allows hospital trustee boards to fill vacancies until the next election. Requires a special election if a petition is filed within fourteen days of the appointment. Miller (C), McCoy, Rehberg

SSB 1136 PHYSICAL THERAPY TITLES (State Government) Prohibits the use of titles that indicate that services from a person or business is from licensed physical therapist unless the services are performed by or under the supervision of a therapist. Makes violations a serious misdemeanor. Does not restrict other practitioners as long as they do not claim to be physical therapists. Tinsman (C). Black, Drake

NursingWorld     ANA Marketplace