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LEGISLATIVE CONNECTION Meetings with Legislative Leadership INA President Karol Joenks, INA members Paula McManus and Barb Allen, and staff Linda Goeldner and Ann-Marie Baughman met on Wednesday, January 28 with Legislative Leadership this week to discuss the nursing agenda. President Joenks covered "Safe, Patient Care" as a major issue for the nursing community. A review was made of the 2004 legislative agenda and public policy issues. Register for Nurse Legislative Day February 12 Today is the last day to register without a late fee for Nurse Legislative Day. If you are attending, legislators appreciate your letting them know that you plan to come and visit on February 12 sometime between 11:00 am and 1:15 pm. If they can, they are welcome to have a box lunch with you. (Legislators have many requests for meetings, so be prepared to be flexible with their schedules.) Mental Health & Substance Abuse Parity Day About 75 people and 20 organizations participated in the awareness day held at the Capitol. Legislators were given brown bags with "brain food" and there was a listing of all the organizations in support of mental health and substance abuse coverage equivalent to physical health coverage. There was a buzz created about the issue on Wednesday. INA Legislative Agenda and Bills of Interest to Nursing in 2004 To learn the most current status of the bill, go to www.legis.state.ia.us Under "Popular Links", click on "Bill Book", put in the bill number of interest listed below.
Republicans to replenish Senior Living Trust Republican leaders said that they will replenish the Senior Living Trust Fund by $13.5 million, to offset money that Governor Vilsack used to balance the budget in June, 2003. At that time, the Governor transferred $15.2 million in federal Medicaid funds to the Salary Adjustment Fund. The money would have otherwise gone into the Senior Living Trust. Vilsack Sets Federal Priorities Governor Vilsack has selected several issues as his key federal issues for 2004. Those include:
Authority to run the state Medicaid program without losing financial flexibility and additional federal relief for Medicaid. Restoration of $65 to $70 million for the Residential Substance Abuse Treatment programs in Iowa's prisons. Education Spending or Other Funds Supporters of a 6% increase in the Allowable Growth rate gathered this week at the Capitol urging legislative support for an increase in K-12 education spending. So far, the Governor Vilsack's proposals to increase the tax on cigarettes and to expand the sales tax base have not met with much support from legislators. Senate Majority Leader Stew Iverson (R-Dows) and Speaker Christopher Rants (R-Sioux City) said that their caucuses are still discussing where to set the Allowable Growth rate. Rep. Scott Raecker (R-Urbandale) and Rep. Ed Fallon (D-Des Moines) said that they will make a bi-partisan effort to take $41 million from the Grow Iowa Values Fund and use that money for education this year. Fallon, who voted against the original bill, and Raecker, who supported the fund, said that the state should divert some of the $100 million, received last year from the federal government, to help education which took a $48 cut in the last across-the-board budget cut. The two said that this plan would allow the state to support education without raising taxes this session. Proposals to raise the cigarette tax or to expand the sales tax base have not gained much support at the Capitol this year. The $41 million is portion of the federal money which has not been given to the Iowa Values Fund. The original plan for the Grow Iowa Values Fund is that it would be supported by sales tax collections on purchases made through the internet in later years, but Governor Vilsack has already proposed that the state look at issuing up to $150 million in bonds in case the streamlined sales tax collections come in at less than expected. Cigarette Taxes Supporters of a cigarette tax increase were also at the Capitol last week. The Campaign for Tobacco-Free Kids said that approximately two-thirds of the states have raised tobacco taxes in the last several years. Iowa's tax rate of 36 cents a pack is below most of the border states including South Dakota (53 cents), Nebraska (64 cents), Minnesota (48 cents), Wisconsin (77 cents), Illinois (98 cents). Iowa's tax rate is above Missouri (17 cents). The Campaign said that the cost to states in health related costs is $6.40 per pack. The state last raised this tax in 1991. New Mental Health Bills Legislators introduced two bills in the Senate (SF 2056 and SF 2058) which would require coverage for mental illness. SF 2056 has more limited coverage as it applies to state employees and does not include coverage for substance or alcohol abuse. SF 2058 is a broader bill which would require that health plans offered by larger employers include coverage for mental illness, and in some cases, for substance and alcohol abuse.
COMMITTEE ASSIGNMENTS
House Human Resources
House State Government
Senate Transportation NEW BILLS INTRODUCED House HF 2089 ADMINISTRATIVE RULES APPROVAL (Lukan) Requires the Administrative Rules Review Committee to approve all administrative rules, by majority vote. Limits the ARRC to approving rules that are not arbitrary, capricious, unreasonable, or beyond the authority of the agency or beyond the legislative intent of the legislation. (State Government) HF 2093 PUBLIC RECORD FEES (Hutter) Limit the fee charged to produce a public record to the actual material and labor costs, plus 20% for overhead, unless the custodian can show an actual higher cost of production. (State Government) HF 2099 NONECONOMIC DAMAGE (Horbach) Creates the Noneconomic Damage Awards Act. Limits noneconomic damages to $250,000 or an amount equal to economic damage, which is greater. Requires special findings by the trier of fact where liability assessed in a personal injury or wrongful death action. (Commerce) HF 2101 RIGHT TO WORK CHANGES (Dix) Adds additional language to the Code sections regarding unions and right-to-work laws which make it unlawful, as a condition of hiring or continued employment, to deprive a person of the right to work, to condition employment, or continuation of employment on union membership or require the payment of any union dues or other contributions. (Commerce) HF 2102 DONATED EQUIPMENT (Lukan) Protects the donor and donee from liability for injury or death for donated fire or EMS equipment except in cases of intentional misconduct or gross negligence. (Companion bill to SF 2049) (State Government) HF 2103 INVOLUNTARY HOSPITALIZATION (Schickel) Requires an interested person who files an application for an involuntary substance abuse or hospitalization commitment be at 18 years of age. (Human Resources) HF 2109 PERSONAL NEEDS ALLOWANCE (Gaskill, et al.) Increases the personal needs allowance under the Medicaid to $75 per month. (Human Resources) HF 2110 SPECIAL NEEDS CHILDREN (Alons & Chambers)Appropriates $150,000 to the DHS for the Children-At-Home Program For Families With Special Needs Children to expand to 28 counties. (Human Resources) House Study Bills HSB 548 IPERS CHANGES (State Government) Changes definition of a IPERS member's first date of service as the day IPERS covered wages are paid if no refund of contributions is made or the date an inactive non-vested member first reenters IPERS covered employment if no refund of contributions is made. Directs members whose first date of service under IPERS is on or after July 1, 2004 have their retirement allowance calculated based on a five-year average. Increases IPERS employee contributions by .4 % per year until the deduction rate of 5.3 is reached starting July 2005. Increases IPERS employer contributions by .6% per year until the rate to 8.15 % is reached starting July 2005. Makes changes to members retirement benefit calculations for members whose start date is after July 2004. (Governor) Drake (C), Connors, Elgin, Jones, Lykam HSB 553 OCCUPATIONAL HEARING LOSS (Commerce) Limits worker's compensation for permanent partial disabilities to the extent that the disability is related to a work-related injury. Tinnitus: Makes all injuries and hearing loss caused by tinnitus an "occupational hearing loss" and allows for an employee with tinnitus to be assessed with an additional 5% occupational hearing loss if the tinnitus substantially limits the employee's ability to perform one or more major life activities. Horbach (C), Freeman, D Taylor HSB 554 WORKER COMP INJURIES (Commerce) Requires that a worker's compensation injury be characterized as either traumatic or cumulative and defines both. Sets requirements for determining if either a traumatic injury or a cumulative injury is work related. Requires that employment activity be the most significant factor in causing or aggravating the injury before such an injury is work-related. Horbach (C), Hoffman, T Taylor HSB 555 ALTERNATE MEDICAL CARE (Commerce) Prohibits holding an employee's application for alternate medical care any sooner than 30 day from the date of the application. Horbach(C), Hoffman, T Taylor HSB 558 UNEMPLOYMENT WAITING PERIOD (Commerce) Requires a one week waiting period after a person applies for unemployment benefit to be eligible. Freeman (C), Connors, Manternach HSB 559 MINIMUM EARNED WAGES (Commerce) Adds the requirement that in order to qualify for unemployment benefits a person be paid wages for 20 weeks of insured work during the individual's base period, and that if an individual has drawn benefit, the individual must make wages at least ten times the value of the benefits in order to be eligible for benefits in subsequent years. Horbach (C), Connors, Wilderdyke HSB 560 STRIKE-LOCKOUT UNEMPLOYMENT (Commerce) Disqualifies a person who is not working due to a strike or a lock-out from collecting unemployment. Watts (C), Horbach, Connors HSB 561 UNEMPLOYMENT BENEFIT CALCULATION (Commerce) Changes the calculation for an individual's maximum weekly unemployment benefit to a fixed amount, rather than a percentage of the state-wide average. Sets the taxable wages at $19,200 rather than 66% of the state-wide average, unless the federal wage base is higher. Horbach (C), Connors, Freeman HSB 562 UNEMPLOYMENT BENEFITS (Commerce) Requires that for a person to be eligible for unemployment benefits, the person be ready for full-time employment fitting to the person's training and experience, to reside in a place with an unemployment rate not greater than the place where the last employment occurred, and to keep records of the employment search. Directs that unemployment benefits by 1/6 for each day of the week a person is unavailable for work and that no benefits be paid if the person is unavailable for 4 days of a week. Watts (C), Horbach, D Taylor HSB 569 FIRST RESPONDERS VACCINATION (Public Safety) Directs the Department of Public Health to establish a vaccination program for that emergency first responders who would be deployed to terrorist attacks natural disasters and other events if federal funds are received. Establishes standards and procedures. Effective upon enactment. Klemme (C), Chambers, Heddens House Study Bills HSB 574 IPERS/PENSION BILL (State Government) Makes changes to IPERS, PORS, and the Statewide Fire and Police Retirement system. PORS: Makes the amount that can transferred between PORS and Fire/Police Retirement System the greater of the average accrued benefit earned or the amount the member could receive as a refund. IPERS: Requires a member who is retiring to designate their first intended first month of entitlement. Excludes from the definition of service any temporary employment during any quarter the member is on an unpaid leave of absence (other than family leave). Delays the date in changing the three-year calculation method to July 1, 2008. Prohibits an inactive member of IPERS from becoming vested just by turning 55. Allows certain wages received after retirement to be covered wages and excludes wages received in an employment dispute. Allows IPERS to waive the collection of old benefit overpayments. Makes changes regarding the determination of wage distortions. Allows IPERS to charge an administrative fee for certain costs if the cost is more than de minimis. Allows IPERS to charge for issuing paper checks instead of making an electronic deposit. Allows IPERS to refer fraud matters to the State Auditor and to law enforcement agencies. Schickel (C), Boal, Connors See SSB 3042 Senate Files SF 2044 VOLUNTEER EMERGENCY WORKERS (Brunkhorst) Makes deaths of various emergency services workers by heart attack or stroke to have been a work related traumatic personal injury compensable if the worker engages in nonroutine stressful activity and the death occurs during or within 24-hours. See HF 2061 (State Government) SF 2049 DONATED EQUIPMENT (Hosch & Rehberg) Protects the donor and donee from liability for injury or death for donated fire or EMS equipment except in cases of intentional misconduct or gross negligence. (Judiciary) SF 2056 MI COVERAGE (Ragan, et al) Requires that health or medical expense plans cover mental health conditions in a manner similar to other benefits under the plan, as of January 1, 2005. Conditions: Includes alcohol and substance abuse in the coverage for mental illness conditions, if that abuse falls under any of the diagnostic categories for mental disorders. Exempts employers with 25 or fewer employees. Mental Health Committee: Requires the Insurance Commissioner to adopt rules after consulting with the new Mental Health Insurance Advisory Committee. Authorizes the Commissioner to appoint the members from business, consumer, and health groups. (Commerce) SF 2058 MI COVERAGE FOR STATE EMPLOYEES (Tinsman, et al) Requires that a health or medical group insurance plan for state employees provide coverage for biologically-based mental illness, on terms that are no more restrictive than other medical conditions. Definitions: Defines "biologically based mental illness" to include schizophrenia, bipolar disorders, major depressive disorders, schizo-affective disorders, obsessive-compulsive disorders, pervasive developmental disorders and autistic disorders. Requires the Insurance Commissioner to adopt rules on these definitions that are consistent with the American Psychiatric Association. Does not include alcohol or drug addiction. 3 28 The bill defines amended from time to time. Includes as state employee regent employees. Other: Allows the benefit plan to managed in a number of ways, including utilization controls, incentives for least costly care alternatives and limits on choice of providers. Bans an aggregate annual or lifetime limit on biologically based mental illness benefits unless the plan imposes such a limit on other medical and surgical coverage. Authorizes the plan to exclude marital, family, educational, developmental, or training services; custodial care, services and supplies that are not medically necessary and experimental treatments. (Commerce) Senate Study Bills SSB 3039 PHARMACY BENEFIT MANAGERS (Commerce) Regulates Pharmacy Benefit Managers. Defines a pharmacy benefit manager as the entity which administers the prescription drug portion of a benefits plan. Requires such managers to get certification from the Pharmacy Examiners every four years. Requires the manager to be licensed by the Insurance Commissioner and to make annual reports. Requires the state agencies to assess the costs of regulating managers against all of the managers in the state. Requires that contracts with pharmacies or pharmacists and the manager to be filed with the Pharmacy Examiners. Contains other related provisions. Zieman (C), Connolly, Veenstra SSB 3041 PHYSICAL THERAPY TITLES (State Government) Prohibits the use of titles or designations associated with physical therapists by a person is not a physical therapist. Makes the penalty $250 and the revocation of any health-related license. Allows providers with a health-related license to practice physical therapy if the providers do not misrepresent themselves as a physical therapist. Sievers (C), Ragan, Veenstra SSB 3042 IPERS/PENSION BILL (State Government) Makes changes to IPERS, PORS, and the Statewide Fire and Police Retirement system. PORS: Makes the amount that can transferred between PORS and Fire/Police Retirement System the greater of the average accrued benefit earned or the amount the member could receive as a refund. IPERS: Requires a member who is retiring to designate their first intended first month of entitlement. Excludes from the definition of service any temporary employment during any quarter the member is on an unpaid leave of absence (other than family leave). Delays the date in changing the three-year calculation method to July 1, 2008. Prohibits an inactive member of IPERS from becoming vested just by turning 55. Allows certain wages received after retirement to be covered wages and excludes wages received in an employment dispute. Allows IPERS to waive the collection of old benefit overpayments. Makes changes regarding the determination of wage distortions. Allows IPERS to charge an administrative fee for certain costs if the cost is more than de minimis. Allows IPERS to charge for issuing paper checks instead of making an electronic deposit. Allows IPERS to refer fraud matters to the State Auditor and to law enforcement agencies. Zieman (C), Kibbie, Sievers (See HSB 3042) © 2008 The American Nurses Association, Inc. All Rights Reserved
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