LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
A benefit of membership
Volume 5, Number 9, March 14, 2003

Connecting with Nurses on Health Issues

Today is the end of the first funnel period (Senate bills out of Senate Committees and House bills out of House Committees, except for Ways & Means, Appropriations and leadership bills). We will now be able to remove a number of bills that did not make it through the funnel from our tracking list.

ARNPs AS PRIMARY CARE PROVIDERS
Senate Human Resources recommended SF 166 for passage on Thursday. On a vote of 10-2, the INA Priority to assist in Medicaid savings has been sent to the Senate Calendar. Voting against recommending the bill for passage were Senators Jack Holveck (D-Des Moines) and Jack Hatch (D-Des Moines). Their objections were based on liability concerns for the physician. House File 60 was redrafted as a committee bill HF 479 which gives more support for passage.

CALL YOUR REPRESENTATIVE AND SENATOR TO PASS HF 479 and SF 166!

MENTAL HEALTH PARITY RECOMMENDED
On a vote of 19 -2 (Wilderdyke R-Woodbine and Watts, R-Prospect) HSB 288 was recommended for passage. It will be redrafted and numbered as a committee bill. The bill is the same as what the House passed three years ago. Rep. Dan Boddicker (R-Tipton) will handle the bill in the House.

CALL YOUR REPRESENTATIVE TO AMEND AND PASS THE BILL

New Directors at DPH and DHS
Governor Tom Vilsack appointed Dr. Mary Mincer Hansen as the new Director of the Department of Public Health, and Kevin W. Concannon as the new Director of the Department of Human Services. Both appointments are subject to Senate confirmation.

Hansen is currently an Associate Professor of Nursing at Drake University and is also a Research Fellow at the DPH and the President of the Iowa Public Health Foundation. Governor Vilsack said that Dr. Hansen has extensive experience in nursing and public health administration. He said that he expects her to be able to promote patient safety and improved outcomes, and creating effective health care coalitions. Hansen earned her BS in Nursing from Creighton University, and completed her MS degree in Nursing at Texas Women's University. She earned a Ph.D. in Higher Education from Iowa State University.

Concannon served as the Department of Human Services Commissioner in Maine from February 1995 to February 2003, as the Director of the Oregon Department of Human Services from 1987-1995, and as the Commissioner of the Maine Department of Mental Health and Mental Retardation from 1980-1987.

AARP Proposal

AARP released a survey March 13 showing that nearly 60% of Iowans think that the state needs more money for health care. Most are opposed to any additional cuts in services, and a majority favors an increase in the cigarette and tobacco tax to pay for services. The AARP proposal is HF 284 HIGHER TOBACCO TAX INCREASES which increases the per cigarette tax to 6.8 cents ($1.36 per pack, up from the current 36 cents) and increases the tax on tobacco products to 25% of the wholesale price. AARP supports using the $180 million raised in such an increase for health care costs. They estimate a $400 million shortfall in health care costs next year.

Vaudt Identifies General Fund Revenue Transfers and Expenditure Shifts
State Auditor David Vaudt has compiled a list of transfers into the General Fund over the last several years. Vaudt said that over the last three years, approximately $1 billion has been taken from other sources, including $375 million that is borrowed from other funds and must be repaid. The amounts and sources of the transfer identified by Vaudt include:

• Revenue Transfers into the GF
  $134.7 million in FY 2001, $533.2 million in FY 2002, and $378.7 million in FY 2003
• Sources
  $241.0 million from the Economic Emergency Fund, $140.7 million from the Senior Living Trust Fund $110.3 million from the Tobacco Settlement Endowment Fund
• Repayments required by statute
  $222.7 million to the Economic Emergency Fund, $51.5 million to the Senior Living Trust Fund $100.5 million to the Tobacco Settlement Endowment Fund

This issue is a concern since Rep. Heaton recommended $500,000 from the Senior Living Trust Fund as a source of funding the Iowa College Aid Commission. This will need calls to legislators to support funding the College Aid Commission for nursing loans and repayments support.

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. (Appropriations history released; Issue Review released; HF 377 introduced, exempt from funnel)

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; exempt from funnel)

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; exempt from funnel)

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 died in funnel )

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. (Only HSB 288 survived the funnel)

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 233 survived funnel; will receive a new number)

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 made funnel, SJR 4 proposes a redesign)

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, now HF 479 and SF 166 made funnel)

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. SF 235

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

6. Disaster Preparedness: HF 396 survived.

7. Dept of Public Health Omnibus Bill (allows ARNP to sign immunization waivers and no exemption for licensure for student nurses performing nursing activities): HSB 149/HSB 269 survived funnel

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

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

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

11. Elder Abuse Regulation Changes: SF 132 survived

12. IPERS Changes: HF 398 survived.

13. School Nurses inclusion in Student Achievement & Teacher Quality Program: HF 58 and HF 425 failed.

Signed by the Governor

SF 127 BREAST CANCER AWARENESS PLATES - 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.

FLOOR ACTION
House Floor Action

SCR 1 MEDICAID - Urges the federal government to increase the Medicaid reimbursement rate in Iowa. The House ADOPTED the Resolution

COMMITTEE ACTION
House Committee Action

House Commerce & Labor: Voted out:
HF 97 MAMMOGRAPHY COVERAGE - Requires health insurance plans and HMOs' to pay for a physician recommended mammograms every six months for women with a family history of breast cancer. AMENDED & PASSED 23-0; FM: Hansen

HF 444 HEALTH INSURANCE INCREASE NOTICE - Requires group health insurance a 45-day notice of premium rate increases and permit the policyholder to renew coverage in one-moth increments AMENDED & PASSED, 22-0; FM: Hansen

House Human Resources: Assigned to Subcommittee:
HF 422 EXPERIMENTAL MEDICAL TREATMENTS - Smith (C), Boddicker, Upmeyer HF 457 CHILD TO ADULT TRANSITION - Granzow (C), Heaton, Heddens

House Human Resources: Voted out:
HSB 233 ASSISTED LIVING - Directs the Department of Elder Affairs regulate Elder Family Homes and Assisted Living Programs in cooperation with the DIA. . AMENDED & PASSED, 17-4; FM: Upmeyer

HSB 288 BIOLOGICALLY BASED MENTAL ILLNESS - Requires group health insurance, HMOs, and third-party payer of employers of 50 or more to pay biologically based mental illness claims. PASSED, 19-2; FM: Boddicker

HSB 191 LICENSING PHYSICIAN ASSISTANTS - Removes double registration with two licensing boards. Allows physician assistants to render care in emergencies or disaster without the supervision of a physician and gives limited criminal and civil immunity. AMENDED & PASSED, 17-4; FM: Boddicker

HSB 291 DPH CHANGES - Makes technical amendments to various programs under DPH jurisdiction. PASSED, 21-0; FM: Granzow

HF 221 MH/DD SERVICE REPORT - Directs the MH/DD commission to make recommendations for redesigning the MH/DD services system. Requires recommendations to the Legislature and Governor on standardizing clinical and financial eligibility, identifying a minimum set of core services, developing a funding formula that follows the individual, and on improved coordination of funding by 12/31/03. PASSED, 21-0; FM: Heaton

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. AMENDED & PASSED, 21-0; FM: Wilderdyke

HF 359 VOLUNTEER HEALTH PROTECTIONS - 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. AMENDED & PASSED, 21-0

HF 383 MEDICAL ASSISTANCE WAIVERS - 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. PASSED, 21-0; FM: Heaton

HF 403 MEDICAID MANAGED CARE - Allows DHS to contract for managed care of adult mental health or substance abuse services under the Medicaid. Directs contracting only for services specified in statute. Effective upon enactment. PASSED, 15-6 FM: Heaton

HF 49 HAWKI & MEDICAID CHANGES - Cost Sharing: Strikes the requirement for cost sharing based on a sliding fee scale and allows the HAWK-I board to set cost share amounts. Allows for cost sharing for families whose income exceeds the 150% level of federal poverty standards. 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. AMENDED & PASSED, 21-0; FM: Boddicker

HF 382 COUNTY MH REPAYMENT - 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. AMENDED & PASSED, 20-1; FM: Heaton

HSB 239 ADULT DAY CARE - 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. AMENDED & PASSED, 21-0; FM: Upmeyer

HSB 269 DPH CHANGES - Requires the chickenpox vaccination for children. Adds physician assistants and advanced registered nurse practitioners to the list of who can sign a immunization medical waivers. Directs that no exemption exists for nursing students performing nursing activities under circumstances. Creates licensee review committees for self-reporting licensees suffering from alcohol or drug abuse impairment. PASSED, 21-0; FM: Boddicker

HSB 292 CHECKING VETERANS BENEFITS - Requires a licensed health care facility to assist the Commission of Veterans Affairs in determining the resident's eligibility for VA benefits prior to the initial admission. PASSED, 21-0; FM: Carroll

House Judiciary Committee: Assigned to Subcommittee:
HF 195 UNIFORM COURT CLERKS - Eichhorn (C), Boddicker, Swaim
HF 475 MEDICAL DAMAGES - Paulsen (C), Boal, Lensing

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. Contains many other related provisions. PASSED; FM: Maddox

HF 475 MEDICAL DAMAGES - Limits recovery in medical death or injury cases. Negligence: economic damages; Recklessness: equal amounts of economic and non-economic damages in Gross Negligence: 3 times the non-economic damages plus economic damages. Intentional: punitive damages. PASSED; FM: Paulsen

House Local Government: Voted out:
HSB 201 HOSPITAL TRUSTEE ELECTIONS - 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. AMENDED & PASSED; 20-0 FM: Maddox

House State Government: Assigned to Subcommittee:
HF 477 ALTERNATIVE HEALTH CARE - Drake (C), Fallon, Hutter

Senate Committee Action

Senate Business & Labor: Voted Out:
SSB 1155 REGULATORY REFORMS - Torts & Legal Proceedings: Requires actual malice for punitive damages and limits punitive damages to twice the compensatory damages. Limits non-economic damages to $250,000, or no more than the economic damages. Requires the damages to be assessed against defendants according to the defendant's percentage of fault. Unemployment: Requires a worker to wait one week before collecting unemployment. Adds additional eligibility restrictions. Worker's Comp: Defines injuries as traumatic or cumulative. Requires employment related causes to be the most significant cause of a cumulative injury. OSHA: Requires inspectors to have training specific to the industry they inspect. Allows the business six months to remedy safety hazards. Makes material in a safety audit confidential and subject to privilege. Requires the labor division to train safety auditors. Environmental: Prohibits the DNR from requiring permits for indoor air sources. Public Works: Prohibits taking union membership into account of directly or indirectly allowing unions involvement in recruiting workers or in requiring certain benefits. Financial: Strikes the requirement in certain consumer credit transaction that a payment be applied to the current amount due, to avoid additional late charges, rather than the delinquent amount. PASSED, 6-5; FM: Wieck (See SF 344)

Senate Education: Voted Out:
SF 212 SCHOOL INSURANCE - 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. PASSED, 14-0; FM: Boettger

Senate Human Resources Committee: Assigned to Subcommittee:
HF 387 MR FACILITIES & COMMISSION MEMBERS - Tinsman (C), Holveck, Hosch
SF 302 MEDICAID COSTS - Boettger (C), Kreiman, Tinsman
SF 303 CHILD ABUSE ASSESSMENTS - Kreiman (C), Tinsman, Veenstra
SF 310 SENIOR LIVING TRUST - Veenstra (C), Boettger, Holveck
SF 321 SERVICES FOR MENTAL RETARDATION - Tinsman (C), Kreiman, Ragan
SF 328 HEALTH CARE CLINICS - Seymour (C), Horn, Veenstra
SJR 3 SENIOR LIVING TRUST FUND - Veenstra (C), Holveck, Seymour

Senate Human Resources: Voted Out:
SF 166 ARNPs AS PRIMARY CARE PROVIDERS - Makes advanced registered nurse practitioners licensed approved health care providers for purposes of managed care or prepaid services contracts under Medicaid. PASSED, 13-0; FM: Schuerer

SF 132 DEPENDENT ELDER ABUSE - Establishes emergency shelter and support services demonstration projects for dependent adults at risk of abuse. Makes changes to changes in definitions related to elder abuse, and in reports and other related matters. PASSED, 13-0; FM:

SF 233 INFANT HEARING TESTS - 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. AMENDED & PASSED, 11-0; FM: Boettger

SF 257 ELDER GROUP HOMES - Strikes the requirement that an elder group home be owner-occupied and requires the home to be staffed at all hours. PASSED, 11-0; FM: Tinsman

SSB 1103 ANESTHESIA BY PODIATRISTS - Prohibits podiatrists from giving general anesthesia. AMENDED & PASSED; 10-2; FM: Behn

SSB 1157 DHS CHANGES - Adds domestic abuse discipline to the Multidisciplinary Team under the Child Abuse chapter. Changes certain DHS debt collection procedures related from a medical assistance recipient's estate. Updates references regarding persons with disabilities eligible for medical assistance. Makes the state responsible for the nonfederal share of the intermediate care facility for persons with mental retardation. Makes other changes. PASSED; 12-0; FM: Veenstra (See HF 489)

SSB 1170 PUBLIC HEALTH OMNIBUS - Transfers from the DNR grant authority of funds for county health departments to test and monitor wells. Lets an audiologist be licensed if they hold a doctorate. Makes other changes. (See HSB 154, HSB 291) . PASSED, 12-0; FM: Veenstra

SSB 1172 CHECKING VETERANS BENEFITS - Requires a licensed health care facility to assist the Commission of Veterans Affairs in determining the resident's eligibility for VA benefits prior to the initial admission. PASSED, 12-0; FM: Veenstra

Senate Judiciary: Voted Out:
SSB 1077 NONPROFIT MODEL CODE - Repeals Code sections and replaces it with the Revised Model Nonprofit Corporation Act. 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. Contains many other related provisions. PASSED; 15-0-; FM: Miller Senate Rules & Administration: Voted Out: SJR 4 MEDICAID REDESIGN - Proposes a redesign of the Medicaid system with input from the Governor and the Legislature. PASSED, 11-0 FM: Iverson

SSB 1131 LEGISLATIVE CONSOLIDATION ( Successor SF 365) PASSED, 11-0 FM: Boettger

Senate State Government:
SSB 1051 EMPOWERMENT COMMITTEES - Allows creation of Local Government Empowerment Committees to make recommendations for change of government for a county. Committee consists of three supervisors, three council members from each city of over 25,000 and one council member from each city less than 25,000, and two per legislative district with a majority of population in the county. If the committee recommends a change, it becomes a charter commission. Requires recommendation if new government will partisan or non-partisan. Requires Charter Commissions to say if the new government will partisan or non-partisan. Allows charter to be voted on at a special election. Allows a resident or property owner to challenge the legality of a proposed charter in court; a challenge delays voting on the charter until the challenge is resolved. AMENDED & PASSED, 8-6; FM: Shull

Bills Introduced of Interest to Nurses
Find the bills at http://www.legis.state.ia.us "Track Legislation"

Resolutions:
SJR 3 SENIOR LIVING TRUST FUND (Lundby) Urges an amendment to the Iowa Constitution that limits the use of money from the Senior Living Trust Fund to the listed purposes of the fund.

SJR 4 MEDICAID REDESIGN (Kramer) Proposes a redesign of the Medicaid system with input from the Governor and the Legislature.

HR 28 DOCTOR TRAINING (Ford) Calls for medical school curriculum which includes training related to racial or cultural biases.

House Files

HF 489 DHS CHANGES (Human Resources; Successor to HSB 145) Adds domestic abuse discipline to the Multidisciplinary Team under the Child Abuse chapter. Changes certain DHS debt collection procedures related from a medical assistance recipient's estate. Updates references regarding persons with disabilities eligible for medical assistance. Makes the state responsible for the nonfederal share of the intermediate care facility for persons with mental retardation. Makes other changes. FM: Boddicker

HF 496 PHARMACY BENEFIT MANAGERS (Osterhaus) Defines Pharmacy Benefit Managers as an entity that administers the prescription drug or device part of a health insurance or contract. Requires PBMs to obtain a certificate of authority from the Board of Pharmacy Examiners every four years. Requires PBMs to file a statement annually including a company financial statement, number of enrolled persons, and other items. Requires PBMs to also obtain a license to conduct business from the Insurance Commissioner. Contains other related provisions. (State Government)

HF 503 ANESTHESIA BY PODIATRISTS (Human Resources; Successor to HSB 168) Prohibits podiatrists from giving anything other than local anesthetics. FM: Boddicker

HF 526 BREAST CANCER RESEARCH PLATE (Mascher) Creates a special Breast Cancer Research motor vehicle plate with the fees going to UI breast cancer research programs. (Transportation) HF 527 MEDICAID MANAGED CARE (Human Resources; Successor to HF 403) Allows DHS to contract for managed care of adult mental health or substance abuse services under the Medicaid. Effective upon enactment. FM: Heaton

HF 528 HOSPITAL TRUSTEE ELECTIONS (Local Government; Successor to HSB 201) 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 a petition for a special election is filed. FM: Maddox

HF 529 MH/DD SERVICE REPORT (Human Resources; Successor to HF 221) Directs the MH/DD commission to make recommendations for redesigning the MH/DD services system. Requires recommendations to the Legislature and Governor on standardizing clinical and financial eligibility, identifying a minimum set of core services, developing a funding formula that follows the individual, and on improved coordination of funding by 12/31/03. FM: Heaton

HF 534 ADMINISTRATIVE SERVICES DEPARTMENT (State Government; Successor to HSB 192) Division I: 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. FM: Elgin

HF 536 INDEPENDENT LIVING TRANSITION (Foege) Creates the Independent Living Transition Services Program within DHS for current 13 to 17 year old children under court ordered out of home placement and 18 to 22 year adults who formerly were under out of home placement. (Human Resources)

HF 539 TOBACCO TAX HIKE (Foege) Increases the per cigarette tax to 6.8 cents per cigarette. Increases to 83 percent on the wholesale sales price on tobacco products. (Ways & Means)

HF 540 SMALL EMPLOYERS HEALTH INSURANCE (Petersen) Directs the Insurance Division to create a pilot projects for health insurance for individuals and group health insurance for small employers and nonprofit entities. (Commerce & Labor)

HF 541 BIRTH CERTIFICATE FEES (Human Resources; Successor to HF 263) Increases the fee for birth certificates to $15 for FY 2004 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. FM: Wilderdyke

HF 543 INSURANCE COVERAGE (Commerce; Successor to HF 97) Requires health insurance plans and HMOs to print on insurance cards a phone number for the insured to call for more information on the external review process and to post such information in a prominent place in health care facilities. FM: Hansen

House Study Bills

HSB 268 DHS CONTRACT SERVICES (Human Resources) Prohibits the DHS from contracting for service management for targeted case management services provided to persons receiving mental health substance abuse, or developmental disabilities services unless specifically authorized by law. Effective upon enactment. (Subcommittee not available.)

HSB 269 DPH CHANGES (Human Resources) Requires the chickenpox vaccination for children. Adds physician assistants and advanced registered nurse practitioners to the list of who can sign a immunization medical waivers. Directs that no exemption exists for nursing students performing nursing activities under circumstances. Creates licensee review committees for self-reporting licensees suffering from alcohol or drug abuse impairment. Boddicker (C), Upmeyer, Heddens

HSB 273 EPHEDRINE CONTROL (Public Safety) Makes ephedrine and pseudoephedrine a schedule V controlled substance. Baudler (C), Eichhorn, Heddens

HSB 280 MH SUBSTANCE ABUSE COVERAGE (Commerce & Labor) Requires group health policies to cover mental illnesses, substance abuse treatment and eating disorder treatment. Sets minimum lifetime coverage limit at $100,000. A group can opt out if it proves the policy costs rise more than 3%. Effective January 1, 2004; sunsets at the end of calendar 2007. (Governor) B. Hansen, (C), Osterhaus, Sands

HSB 281 WORKERS COMP CHANGES (Commerce) Directs that workers' compensation for permanent partial disability shall be based only upon the extent of the disability related to work-related injury received. Makes other changes. Watts (C), Horbach, T. Taylor

HSB 284 CIGARETTE TAX (Judiciary) Adds a 1.25 cent tax per cigarette to fund various anti-smoking projects. Boal (C), Baudler, Struyk

HSB 288 BIOLOGICALLY BASED MENTAL ILLNESS (Human Resources) Requires group health insurance, HMOs, and third-party payer of employers of 50 or more pay biologically based mental illness claims. Boddicker (C), Heaton, Smith

HSB 291 DPH CHANGES (Human Resources) Makes technical amendments to various programs under DPH jurisdiction. Granzow (C), Boddicker, Smith

Senate Files

SF 328 VOLUNTEER HEALTH CARE (Bolkcom, et al) Makes a free health clinic that uses the volunteer health care provider program in the DPH a state agency for the purposes of protection under the state tort act. (Human Resources)

SF 344 REGULATORY REFORMS (Business & Labor; Successor to SSB 1155) Torts & Legal Proceedings: Requires actual malice for punitive damages and limits punitive damages to twice the compensatory damages. Limits non-economic damages to $250,000, or no more than the economic damages. Requires the damages to be assessed against defendants according to the defendant's percentage of fault. Unemployment: Requires a worker to wait one week before collecting unemployment. Adds additional eligibility restrictions. Worker's Comp: Defines injuries as traumatic or cumulative. Requires employment related causes to be the most significant cause of a cumulative injury. OSHA: Requires inspectors to have training specific to the industry they inspect. Allows the business six months to remedy safety hazards. Makes material in a safety audit confidential and subject to privilege. Requires the labor division to train safety auditors. Environmental: Prohibits the DNR from requiring permits for indoor air sources. Public Works: Prohibits taking union membership into account of directly or indirectly allowing unions involvement in recruiting workers or in requiring certain benefits. Financial: Strikes the requirement in certain consumer credit transaction that a payment be applied to the current amount due, to avoid additional late charges, rather than the delinquent amount. (See SF 344)

SF 351 DHS CHANGES (Human Resources; Successor to SSB 1157) Adds domestic abuse discipline to the Multidisciplinary Team under the Child Abuse chapter. Changes certain DHS debt collection procedures related from a medical assistance recipient's estate. Updates references regarding persons with disabilities eligible for medical assistance. Makes the state responsible for the nonfederal share of the intermediate care facility for persons with mental retardation. Makes other changes. FM: Veenstra

SF 355 ANESTHESIA BY PODIATRISTS (Human Resources; Successor to SSB 1103) Authorizes a podiatric physician to give local anesthesia and allows a podiatric physician to administer conscious sedation in a hospital or surgical center. FM: Behn

SF 356 AUTOPSIES (Local Government; Successor to SF 247) 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. FM: Houser

SF 357 HOSPITAL TRUSTEES (Local Government; Successor to SSB 1126) 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. FM: Miller

SF 370 ELECTION RESPONSIBILITY TRANSFER (Judiciary; Successor to SSB 1119) Transfer: Transfers duties and responsibilities for conduct of elections and registration from the Secretary of State to the Campaign Ethics and Disclosure Board and renames the it as Elections, Ethics, Campaign and Disclosure Board. Voting: Makes changes necessary to comply with the federal Help America Vote Act of 2002. ID & Ballots: Requires voters to show identification and lists acceptable documents. Allows absentee ballot applications to be distributed only between forty-five and eleven days before an election. Allows distribution of ballots only through the county election commissioner's office. Allows a person to only request as many absentee ballots as there are voters in their household. . FM: Zieman

SF 374 NONPROFIT MODEL CODE (Local Government; Successor to SSB 1077) Repeals Code sections regarding operation of nonprofit corporation and replaces it with the Revised Model Nonprofit Corporation Act. Defines the duties of the organization's board and officers, legal powers, duties, obligations, and ultra vires action. 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. Contains many other related provisions. FM: Miller

Senate Study Bills

SSB 1157 DHS CHANGES (Human Resources) Adds domestic abuse discipline to the Multidisciplinary Team under the Child Abuse chapter. Changes certain DHS debt collection procedures related from a medical assistance recipient's estate. Updates references regarding persons with disabilities eligible for medical assistance. Makes the state responsible for the nonfederal share of the intermediate care facility for persons with mental retardation. Makes other changes. Veenstra (C), Ragan, Tinsman (See HF 489)

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