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LEGISLATIVE CONNECTION
A communication of the Iowa Nurses Association
A benefit of membership
Volume 5, Number 20 February 6, 2004

Governor to Address Nurse Legislative & Lobby Day

If you haven't registered, there is still time to come to INA's Legislative & Education Day, Thursday, February 12. The Governor's office has just advised the INA that he will attend and make a few comments to the attendees. Also speaking Thursday morning are the Director of the Dept. Of Public Health, Mary Hansen, and the Board of Nursing Executive Director, Lorinda Inman. Contact Tina Melville in the office to register 515/225-0495.

West Des Moines Hospital Vote and CON

The Iowa Health Facilities Council voted 5-0 against a suburban hospital proposal from Iowa Methodist Medical Center. Methodist wanted to build an 82-bed hospital, the Michael R Myers Hospital, in West Des Moines, and had received $20 million in pledges towards such a facility. However, state regulators decided that the expansion of existing facilities would better serve Des Moines metropolitan community than building a new facility in West Des Moines.

The issue could be debated in the Legislature this session, as a number of bills were introduced last year to eliminate the Certificate of Need requirement program, which requires that hospitals get approval before building for new hospitals. Senate Majority Leader Stew Iverson (R-Dows) said last fall that he is interested in looking at the Certificate of Need requirements to see if such regulations are still necessary. Senator Neal Schuerer (R-Amana) introduced two bills last year on the issue: SF 139 CERTIFICATE OF NEED, which would eliminate the Certificate of Need program, and SF 206 BUILDING BIRTH CENTERS, which exempts independent birth centers from the Certificate of Need requirements. Both bills are still eligible and in the Human Resources Committee. Last year, the committee considered, and voted down, SF 206 on a 4-8 vote, but it could take the bill up again this year.

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" and put in whether it is a Senate File or House File and the bill number.

  1. Safe Patient Care: Pass whistleblower protection (bill being drafted) and pass limitation on the use of mandatory overtime as a staffing measure (SF 174 -Senate Human Resources)
  2. Mental Health and Substance Abuse Parity (SF 232-Senate Commerce; HF 63-House Commerce, HF 627-House Human Resources; Additional bills will be out in the Senate next week)
  3. Fund Scholarships for Nursing Faculty (HF 436-House Appropriations)

Other Issues of Importance

  1. Criminal History Felony Background Checks (SF 235-House State Government/new bill being drafted)
  2. Funding for Center for Workforce Planning (federal funding renewed)
  3. Funding for Iowa Board of Nursing (Appropriations Committee)
  4. Adequately Fund Schools to assure school nurses are employed (Appropriations Committee)
  5. Remove Certificate of Need for Birth Centers (SF 206- Senate Human Resources)
  6. Assure Hospital Privileges for ARNPs (being researched)
  7. Fund Adequately Public Health Nursing services (Appropriations)
  8. Pass the tobacco reduction initiative (multiple bills, none with $1 tax increase)
  9. Adequately fund Medicaid and HAWK-I (Appropriations)
  10. Support changes in Assisted Living to provide dementia-specific care (in Administrative Rules)
  11. Support Child Restraints in motor vehicles (SF 2066-could come up for floor debate next week)

Iowa Supreme Court Strikes Down Two-Tier Racing Tax

In the latest iteration of RACI v Fitzgerald, on a 5-2 vote, the Iowa Supreme Court struck down the two-tier taxing system that Iowa which taxes the three racetracks in the state at a higher rate than riverboats. The Iowa Supreme Court struck down the system last year on equal protection grounds on a 4-3 vote, only to have a unanimous US Supreme Court reverse and remand that decision last fall.

The Iowa Court ruled last year that the state had no rational basis to tax slot machines at racetracks at a higher rate than slot machines at a riverboat, and determined, after further review that it had the power to strike down the tiered-tax system under state law.

Governor Tom Vilsack said that the Legislature needs "to solve this $112 million problem" He said that he will work with legislators on a solution. Vilsack said that his FY 2005 budget is based on a gaming tax with a progressive rate which increases according to volume, as the Stanek-Mahaffey Commission that he appointed last year recommended. Vilsack said that he is confident that a solution can be worked out but said that it will not involve the state paying $112 million in refunds.

Speaker Rants estimated the refund at $170 million and said that the casinos should be prepared to negotiate with the state. He said that the Legislature "will not divert money for schools and our seniors in order to repay the racetracks." Rants said that he believes that HF 696, approved last year by the House, is no longer viable. HF 696 would have put in a system where the rates District 30 Results

Pat Ward, who won the election in Senate District 30, is expected to take her seat on Monday. Ward won the seat with 3,997 votes; Alicia Claypool had 3,016. She will succeed Sen. Mary Kramer.

State Revenues Improve

While the state revenue picture has not improved to the point where the $336 million problem of built-in spending is fixed, revenues did increase in January by 9.4%, enough to put the year-to-date revenues slightly above the REC estimate of 1.2%. Overall, year-to-date personal income tax collections have increased by about $70 million over last year; year-to-date sales tax, corporate income tax and inheritance collections have declined. The actual year-to-date collections are up about 1.3%.

Senate Floor Action

SF 2059 BIRTH DEFECT REGISTRY - Creates a standing appropriation for the Birth Defects Institute Central Registry. Raises birth certificate costs by $5 until the end of FY 2005 for the appropriation, and by $10 thereafter.

The Senate PASSED the bill, 48-0; it now goes to the House

Senate Committee
Senate Transportation Committee: Voted Out: (1)
SF 2029 CHILD RESTRAINT SYSTEMS - Requires that children under the age of 6 to be secured in restraint systems in vehicles, and for children under the age of 1 and under 20 pounds to be secured in rear facing systems. Requires that children between the ages of 6 and 14 use a seat belt or be in a restraint system. Requires that warning tickets be issued in the first year and that the fine be $25 after that. PASSED; Floor Manager: Sen. Dave Johnson (R-Ocheyedan) Now SF 2066

House State Government: Voted out: (1)
HSB 596 MASSAGE THERAPY EXEMPTION FOR REFLEXOLOGISTS - Exempts a number of professional license holders from massage therapy licensing requirements. The list includes those licensed practice medicine, surgery, including osteopathic licensees, chiropractic, cosmetology arts and sciences, podiatry, and allows for athletic trainers, technicians, nurses, occupational therapists, or physical therapists under the supervision of a person licensed to practice medicine or surgery or osteopathic medicine and surgery. Exempts supervised massage therapy students completing clinical graduation requirements and most out-of-state emergency personnel. Exempts other professional who use touch as part of practice and lists various approved methods of touch.- AMENDED & PASSED; Floor Manager: Rep. Joe Hutter (R)

COMMITTEE ASSIGNMENTS
House Commerce: Re-referred: (1)
HSB 607 HEALTH INSURANCE COOPS - Hoffman (C), Oldson, Wilderdyke

House Human Resources: Re-referred: (1)
HF 477 ALTERNATIVE HEALTH CARE REREFERRED (from State Government)

House State Government
HSB 524 INSPECTIONS DIVISION ELIMINATION - Watts (C), Manternach, Whitead
HSB 605 CHILD ABUSE INVESTIGATIONS - Boddicker (C), Roberts, Smith

NEW BILLS INTRODUCED

House

HF 2142 HAWK-I ELIGIBILITY (Alons, Mertz, et al.) Changes the definition of an eligible child participation in the HAWK-I program to 19 years of age. Adds prenatal and delivery services to the program. Effective upon approval of the state plan amendment. Requires the DHS to submit a state children's health insurance program (SCHIP) state plan amendment to Medicare and Medicaid. Effective upon enactment. (Human Resources)

HF 2147 MEDICAID PROVIDER PAYMENTS (Mascher) Requires that the reimbursement paid to providers under a Medicaid home and community-based waiver for the elderly be recalculated annually, and increased by an inflation factor based on the skilled nursing facility market basket for Medicare and Medicaid. (Human Resources)

HF 2163 MINIMUM WAGE (Hunter, et al.) Increases the minimum wage to $5.65 on January 1, 2005 and to $6.15 January 1, 2006. (Commerce)

HF 2164 CRIMINAL BACKGROUND CHECKS (Mascher) Allows the Boards of Dental Examiners, Medical Examiners, Pharmacy Examiners, and Nursing Examiners to obtain criminal history information for applicants and present licensees. Allows the boards to impose an additional fee for obtaining the history information. Makes such information confidential but allows it to be used in connection with the licensing proceedings. (State Government)

HF 2165 KIDNEY DIALYSIS CENTERS (Hunter, Greimann & Foege) Defines various renal dialysis facilities as outpatient facilities offering staff-assisted dialysis or training and support services for self-dialysis at home to end-stage renal disease patients. Excludes state and federal or licensed hospital operated facilities. Directs the DIA adopt rules for regulating of renal dialysis facilities consistent with Medicare program. Directs the rules to cover qualifications facility personnel, medical staffing, transfer agreements with hospitals, the rights responsibilities of patients, disaster preparedness among others. Makes other requirements. (Human Resources)

HF 2184 REGISTERED NURSE ASSISTANTS (Upmeyer) Allows for third-party reimbursement for services provided by certified registered nurse first assistants (CRNFAs). (Human Resources)

House Study Bills

HSB 605 CHILD ABUSE INVESTIGATIONS (Human Resources) Requires the DHS to provide parents being investigated of the specific complaint or allegation. Adds new training requirements for child protection workers addressing the rights of the child and family members. Adds other requirements. Boddicker (C), Roberts, Smith

HSB 607 HEALTH INSURANCE COOPS (Commerce) Allows the Insurance Commissioner to adopt licensing procedures for establishing private Health Insurance Purchasing Cooperatives (HIPC). Defines HIPC as a group of individuals and or employers, purchasing health insurance or health care benefits. Makes requirements for HIPCs and exempts them from various Code provisions related to insurance. Has other related provisions. Hoffman (C), Oldson, Wilderdyke

NEW BILLS INTRODUCED

Senate Files

SF 2061 CHILD RESTRAINT SYSTEMS (Beall) Requires that children under the age of 6 to be secured in restraint systems in vehicles, and for children under the age of 1 and under 20 pounds to be secured in rear facing systems. Requires that children between the ages of 6 and 14 use a seat belt or be in a restraint system. Requires that warning tickets be issued in the first year and that the fine be $25 after that. (Transportation) SF 2066 will be the bill that goes forward on this issue

SF 2066 CHILD RESTRAINT SYSTEMS (Transportation; Successor to SF 2029) Requires that children under the age of 6 to be secured in restraint systems in vehicles, and for children under the age of 1 and under 20 pounds to be secured in rear facing systems. Requires that children between the ages of 6 and 14 use a seat belt or be in a restraint system. Requires that warning tickets be issued in the first year and that the fine be $25 after that.

SF 2073 EMPLOYER INFORMATION (Bolkcom) Requires applicants for Medicaid and the I-HAWK Program to identify the employer of the beneficiary or the employers of any adult responsible for support of the beneficiary. Requires the DHS to report the names of such employers, and the numbers of employees who qualify for these programs but not other identifying information, to the Governor and Legislature annually. (Human Resources)

SF 2077 PUBLIC HEALTH RELIEF (Dotzler, et al) Gives the DPH the discretion to provide financial assistance to local governments for a public health emergency or disaster. (Appropriations)

SF 2078 IPERS/PENSION BILL (State Government; Successor to SSB 3042) Makes changes to IPERS, PORS, and the Statewide Fire and Police Retirement system. 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. Floor Manager: Sen. Mark Zieman

SF 2087 ELDER AFFAIRS (Bolkcom) States the intent of the Legislature that the Department of Elder Affairs will take over the appropriations process affecting the elderly as of FY 2006. (Human Resources)


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