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LEGISLATIVE CONNECTION Whistleblower Protection Bill Faces Opposition Rep. Linda Upmeyer, Rep Dan Boddicker and Rep Helen Miller were the subcommittee for HF 2375 calling for comprehensive whistleblower protection for health care workers in Iowa. A number of organizations participated in the subcommittee meeting. Hospital and physician organizations expressed their "strong" opposition to the bill. They said it would add to medical malpractice costs. There was a feeling that medical peer review was sufficient to address concerns. The long-term care associations pointed to several Iowa Code sections where they believed that whistleblower protections were already in place. (135C. 37; 135C.46; 214C.13 and 135B.12) Organizations will be asked to submit their policies on protections of health care workers to speak up without retaliation. The comprehensive protection bill for whistleblowing will not continue this session. SEIU Staffing, Overtime and Whistleblower Bill Dies This bill called for safe nurse staffing with patient ratios in the bill; protection from threats of patient abandonment for not working mandatory overtime and whistleblower protection. Linda Aiken's study was cited. The Hospital Association stated they oppose all three aspects, that Iowa hospitals provide high quality care and that it is not a universal position that all nursing organizations say there is a problem. They distributed statements by the Iowa Organization of Nurse Leaders and the American Nurse Executives Organization. They felt to request a such a bill begs the question that there is poor quality of health care in the state and it would expose hospitals to additional causes of action for malpractice. They said there is no data indicating that health care workers can not speak up. Medicare short funding also adds to the problems. Health Freedom Bill This bill (HF 477) would have reduced the scope of a physician's practice of medicine to not include complementary and alternative non-invasive therapies. INA requested that direction be given about licensees formally regulated who lost their licenses and are now practicing these modalities as well as requesting consideration given to criminal history background checks for these practitioners. An amendment was of offered to address these and other issues, however, the Human Resources voted 10-11 and so the bill was not recommended for passage. Dementia-Specific Pilot Project Legislators decided to call for a pilot project in HF 2421 to allow for looking at care for patients with dementia. A representative from the Department of Inspections and Appeals expressed strong objection to legislators considered such legislation, but the committee recommended it for passage. A set period of time will be developed. If the "age in place" approach to care is used, it was discussed that the building needed to meet nursing home standards. Rep Linda Upmeyer is handling the bill. Drug Donation Bill Proceeds A bill to allow for a cancer drug depository (HF 2191) was recommended for passage. At the subcommittee there was a lot of discussion and questions were raised about it being for all drugs that were prescribed but not used. One bill draft had the University of Iowa Hospitals and Clinics being the repository, but a number of questions were raised about access for people on the western side of the state to that repository. Members are encouraged to contact their legislators with comments and suggestions. Rep. Polly Granzow is handling the bill. Democrats Call for Healthy Iowans for All (HIFA) Democrats said that their proposal for a health insurance plan, called Healthy Iowa for All, or HIFA, creates a large insurance pool, inviting membership from state employees, uninsured individuals, small businesses, local governments and school districts. They said that by using existing health insurance carriers, they can slow rising insurance costs and improve the quality of care. They said that lack of access to health care is one of the biggest problems facing most small businesses. First Funnel Completed The first in a series of self-imposed deadlines has been reached. Bills that do not have spending or taxes or are otherwise exempt that did not get recommended for passage now are considered "dead" for the session. They still could be amended to bills continuing through the process, however, legislators want to save money and close down the session early. 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.
Other Issues of Importance
House Committee Action
House Commerce & Labor Committee HSB 643 INSURANCE TASK FORCE RECOMMENDATIONS - Adopts the recommendations of the Individual Health Insurance task force as related to individual health insurance market reforms. Makes changes regarding the eligibility of programs, forms, reinsurance and other matters. AMENDED & PASSED 23-0; FM: Hoffman HF 2376 WORKER COMP CHANGES - Makes certain records filed with the Worker's Comp confidential public records. Makes certain uncovered employees covered under Workers' Comp if the employers insurance policy does not specifically exclude those employees. Has related matters.
HSB 645 ICN SALE II (Commerce) Establishes provisions for the sale of the ICN, including selling many of the physical assets and retaining the rights to long-term use of the system. Specifies the conditions for the sale of the network through an investment bank, and contains other related provisions.
HSB 701 HEALTH INSURANCE STUDY - Requires the Insurance Commissioner to study health insurance premiums and ways of reducing premiums. Requires report by April 1, 2005. Effective upon enactment.
House Environmental Protection Committee
House Human Resources Committee: HF 477 ALTERNATIVE HEALTH CARE - 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. FAILED 9-12 (Boddicker) HF 487 HUMAN SERVICES CONTRACTORS - Prohibits former DHS employees from contracting for services with DHS or being employed by a contractor for two years after leaving the department. Requires contractors have adequate liability insurance and be subject to evaluation requirements. AMENDED & PASSED 14-7; FM: Wilderdyke
HF 2216 PRESCRIPTION DRUG ASSISTANCE - Directs the Insurance Commissioner to create and maintain Prescription Drug Assistance Program to assist persons in accessing free or discounted drug assistance programs by pharmaceutical manufacturers. Sets requirements for the commissioner and makes a conditional appropriation of $190,000 from the Senior Living Trust Fund. Contains related provisions. HF 2324 ELECTRONIC AND FAX PRESCRIPTIONS - Allows an electronic or fax prescription for schedule II, III, IV, or V controlled substances to serve as the original copy of the prescription, if permitted by federal law. Allows electronic or fax prescriptions under the drugs, devices, and cosmetics the Code. Sets requirements for such prescriptions and makes penalties. AMENDED & PASSED 19-0; FM: Heaton HF 2354 INVOLUNTARY HOSPITALIZATION PLACEMENT - Requires the county single entry point process administrator to provide the court with a placement recommendation for persons subject to a court order for involuntary hospitalization. Has requirement for placement recommendations. Exempts the bill from the provisions regarding state mandates. AMENDED & PASSED 21-0; FM: Carroll
HF 2191 CANCER DRUG REPOSITORY (Murphy) Creates within the DPH a voluntary program for accepting donated cancer drugs and dispensing such to Iowa residents. Sets requirements for accepting cancer drugs. Limits criminal, civil and liability or professional disciplinary action for injury, death, or other loss resulting from such drug donation and use. Contains related provisions. HF 2421 DEMENTIA PROJECTDirects the DIA in cooperation with the department of elder affairs to implement a pilot project for dementia-specific alternative living. Directs DIA to adopt rules for the project similar to group home living but which complies with life safety codes. PASSED 20-0; FM: Upmeyer HSB 153 DHS SERVICES FRAUD PENALTIES - Establishes civil penalties and liability for costs for persons who receive benefits for various child and family services, including welfare services and food programs; child care services, FIP, Medicaid or supplementary assistance that they are not entitled to receive. Requires the value of the benefits to be at least $1,000. Makes the civil liability limit for a recipient three times the value of the benefit and the liability for investigation costs up to $500. Establishes civil penalties for the provider of service who receives a benefit that the provider is not entitled. Establishes a fraudulent practice crime involving persons obtaining child care assistance, payments, or benefits and appropriates any money collected by the state to the DHS for the state child care assistance program. Contains related provisions. PASSED 20-0; FM: Boddicker HSB 649 MI/DD/BI SERVICES - Changes name of Mental Health and Developmental Disabilities Commission to the to the Mental Health, Developmental Disabilities, and Brain Injury Commission. Changes term "single entry point process" to "central point of coordination." Duties: Changes and adds duties of the Commission. Requires the Commission to identify basic financial eligibility standards for disability services including income levels. Bill of Rights: Creates a bill of rights for persons receiving MI/DD/BI services including quality service standards. Other: Give approval authority to the Commission over county management plan reviews and strategic plans. Makes changes to county and state funding procedures for MI/DD/BI starting July 1, 2006. Repeals property tax relief and repeals the state payment of allowed growth funding. Makes appropriation to the DPH from the risk pool within the property tax relief fund. This Division is effective upon enactment. Exempts the forgoing provisions from state mandate funding requirements. AMENDED & PASSED 20-0; FM: Heaton
House Judiciary Committee
House State Government Committee HSB 650 ADMINISTRATIVE RULES - Limits the effective period for any administrative rules adopted without public input to 180 days. PASSED 20-0; FM: Manternach HSB 686 STATE PENSION PLANS - Makes numerous changes to PORS, IPERS, Statewide Fire and Police Retirement System (SFPRS) and the Judicial Retirement System (JRS). IPERS: Directs the a member's the greater of the member's three-year average covered wage retirement allowance will be calculated based upon calculated on June 30, 2004, or the member's five-year average covered wage. Increases employer contribution to 6.2 % for FY 2009 and to 6.7 % for FY 2010. Increases employees contributions by .5 % per year until the contribution is 6.7 %. Changes calculation method after 2010 and directs how the calculation is to be made. Establishes new alternative retirement benefits for IPERS member who are teachers, and municipal and county hospitals employees. Sets requirements for the alternative system. Allows for certain employees who has previously elected not to participate in IPERS to elect to so do under certain conditions. Add new employees to the IPERS eligible employees. Has other provisions related provision related to disability and early retirement. Has other provisions. AMENDED & PASSED 20-0; FM: Dennis HSB 694 SICK LEAVE VACATION INCENTIVES - Establishes a sick leave and vacation incentive program for eligible executive branch employees including DOJ employees not covered by collective bargaining. Allows a incentive benefit equal to the employee's unused vacation plus the lesser of an amount equal to 75% of the employee's regular annual salary or an amount equal to 75% of the value of the employee's sick leave. Sets other requirements Effective upon enactment. AMENDED & PASSED 20-0; FM: Elgin Senate Committee Action
Senate Business & Labor Committee
Senate Education Committees:
Senate Human Resources Committee: SSB 3007 INSURANCE PROVIDER COVERAGE - Requires that health and accident insurance policies pay chiropractors, optometrists and podiatric physicians at the same levels as M.D.s and osteopaths, for equivalent services. Requires that chiropractors, optometrists and podiatric physicians be accepted as providers for policies that pay for services to M.D.s and osteopaths. Contains other provisions. Keeps the equal pay provisions for chiropractors and others but strikes the requirements for coverage for any willing provider. AMENDED & PASSED, 12-1; FM: Seymour SSB 3070 THIMEROSAL/MERCURY BAN A Strike & Replace Re-writes the ban on mercury or thimerosal in child vaccines to allow exceptions when the DPH declares emergency or epidemic conditions, for the flu vaccine, which does not exist in a thimerosal free form, and to allow trace amounts of thimerosal. Defines childhood vaccines, to include those given to children 7 and under. Effective January 2005. AMENDED & PASSED, 9-3; FM: Veenstra SSB 3130 FETICIDE OFFENSES - Repeals current Code sections related to feticide and replaces it with the Unborn Victims of Violence Act and related offenses. Establishes offenses for Class A (murder), Class B (2nd degree murder), Class C (voluntary manslaughter) , Class D (involuntary manslaughter) and aggravated misdemeanor (assaults). Contains related offenses. PASSED 7-5; FM Boettger SSB 3155 MH/DD/BI SERVICE REDESIGN - States the intent of the Legislature to redesign the system for giving services to persons with mental illness, mental retardation or other developmental disabilities, or brain injury (MI/MR/DD/BI). Changes terminology and contains other provisions. PASSED, 12-0; FM: Veenstra
Senate Judiciary Committee SSB 3087 UNIFORM MEDIATION ACT - Establishes the Uniform Mediation Act. Adopts rules for most mediations with exceptions for some court and school hearings, at reform schools, and for some collective bargaining situations. AMENDED & PASSED 14-0, FM: Redfern SSB 3144 NONPROFIT CHANGES - Repeal Code sections related to nonprofit organizations. Enacts the Revised Model Nonprofit Corporation Act. Covers organization, by-laws, directors, members, duties, powers, liabilities and other related matters. AMENDED & PASSED, FM: Kreiman
Senate State Government NEW BILLS INTRODUCED House HF 2414 MENTAL HEALTH ADVOCATE STUDY (Granzow) Requests that the Supreme Court commission a study on the duties of mental health advocates and report the findings and recommendations to the Legislature. (Judiciary) HF 2421 DEMENTIA PROJECT(Upmeyer) Directs the DIA in cooperation with the department of elder affairs to implement a pilot project for dementia-specific alternative living. Directs DIA to adopt rules for the project similar to group home living but which complies with life safety codes. (See SF 2219) (Human Resources) HF 2440 PUNITIVE DAMAGE AWARDS (Commerce; Successor to HF 2202) Ccreates the Noneconomic Damage Awards Against Health Care Provider Act. Limits such damages to $250,000 unless a finding of actual malice by the defendant. (Calendar) FM: Horbach HF 2445 HEALTHY IOWA PROGRAM (Osterhaus, et al.) Creates the Healthy Iowa For All Program (HIFA) that includes HIFA Health Insurance Program, the HIFA Program Fund, Iowa Quality Forum, the HIFA high-risk pool, and state health planning. Has related provisions. (Commerce) HF 2446 WORKER COMP HEARINGS (Eichhorn, et al.) Requires all contested cases before the Workers' Compensation Commissioner be heard within 14 months after the original notice and petition filing. Makes unusual circumstance exception. (Commerce) HF 2453 NONPROFIT CHANGES (Judiciary; Successor to HSB 664) Repeals Code sections related to nonprofit organizations. Enacts the Revised Model Nonprofit Corporation Act. Covers organization, by-laws, directors, members, duties, powers, liabilities and other related matters. (Calendar) FM: Maddox
House Study Bills HSB 695 AIR QUALITY (Environmental Protection) Requires the establishment of a health effect advisory panel composed of various public and private interests including regulators, scientific community, animal agriculture, rural residents, and industry. Prohibits the DNR from adopting standards for a health effect level before the panel submits its final report to the general assembly. Establishes a health effect level based on duration and level of expose. Requires the Department conduct a comprehensive field study to monitor the level of airborne pollutants emitted from animal feeding operations for a period of at least three years. Set minimum separation distances for monitoring hydrogen sulfide ammonia, and odor if scientifically possible. Establishes technical standards for equipment to measure airborne pollutants. Has related provisions. Elgin (C), Fallon, Hutter, Jochum, Oldson, Roberts, Watts HSB 701 HEALTH INSURANCE STUDY (Commerce) Requires the Insurance Commissioner to study health insurance premiums and ways of reducing premiums. Requires report by April 1, 2005. Effective upon enactment. (No subcommittee available)
Senate Files SF 2202 COLLEGE MENINGITIS (Education; Successor to SSB 3129) Requires colleges with dormitories to give students information about meningococcal disease and vaccinations in student health forms. Requires the forms to ask whether a student has received the vaccination, and to include recommendations by the National Centers for Disease Control and Prevention regarding the disease. Requires the data to the Department of Public Health, in a manner that prevents the identification of individuals. FM: Boettger SF 2209 MERCURY/THIMEROSAL BAN (Human Resources; Successor to SSB 3070) Bans early childhood vaccinations which use preservatives, such as thimerosal, which contain mercury or other heavy metals as of January 2005. Creates exemptions if the DPH determines a situation to be an epidemic or emergency, for vaccines without a thimerosal-free alternative (flu vaccines) and for trace amounts of mercury or thimerosal. Defines early childhood to mean children under 8. Requires insurance coverage that includes vaccinations to include provisions for coverage for these vaccinations. FM: Veenstra SF 2219 DEMENTIA PROJECT (Dvorsky) Directs the Department of Inspections and Appeals, and the Department of Elder Affairs, to implement a pilot project for dementia-specific alternative living. (Government Oversight) SF 2229 PRESCRIPTION DRUG ASSISTANCE (Commerce; Successor to SF 2016) Requires the Insurance Commissioner to create a program assisting individuals in accessing programs from drug manufacturers that offer free or discounted drugs. Requires the Insurance Commissioner to notify pharmacies and pharmaceutical manufacturers about the program, to make reports on the program, and to take other related steps. Appropriates $100,000 for the program if federal funds are not available. FM: Schuerer SF 2232 SPINAL CORD RESEARCH PROGRAM (HR; Successor to SF 2196) Creates an Iowa Spinal Cord Research Program and Trust Fund. Establishes a surcharge of $10 for certain motor vehicle offenses for use a funding source. Creates a research board with two representatives each from the UI and ISU, and six other members, including doctors, persons with spinal cord injuries and public members. Gives the board the power to review and make grants for spinal cord research. Contains related provisions. FM: Boettger SF 2235 UNIFORM MEDIATION ACT (Judiciary; Successor to SSB 3087) Establishes the Uniform Mediation Act. Adopts rules for most mediations with exceptions for some court and school hearings, at reform schools, and for some collective bargaining situations. FM: Redfern SF 2236 MEDICAL PUNITIVE DAMAGE LIMITS (Business & Labor; Successor to SSB 3114) Limits the amount of non-economic damages in a lawsuit against M.D.s, osteopaths, chiropractors, podiatrists, or optometrists to $250,000, unless a finding of actual malice is made. Includes definitions. FM: Johnson SF 2248 MH/DD/BI SERVICE REDESIGN (Human Resources; Successor to SSB 3155) States the intent of the Legislature to redesign the system for giving services to persons with mental illness, mental retardation or other developmental disabilities, or brain injury (MI/MR/DD/BI). Changes terminology and contains other provisions. FM: Veenstra SF 2254 FETICIDE OFFENSES (Human Resources; Successor to SSB 3130) Repeals current Code sections related to feticide and replaces it with the Unborn Victims of Violence Act and related offenses. Establishes offenses for Class A (murder), Class B (2nd degree murder), Class C (voluntary manslaughter), Class D (involuntary manslaughter) and aggravated misdemeanor (assaults). Contains related offenses. FM Boettger SF 2267 AIR STANDARDS (Natural Resources; Successor to SSB 3123) Authorizes the DNR to adopt rules on air contaminants that are no stricter than federal rules. Prohibits the adoption of rules by the EPC in this area. Animal Confinements: Prohibits the adoption of rules regarding animal confinement facilities. Requires the creation of a Health Effect Advisory Panel, with regulators, scientists, farmers and industry members, on the health effects of airborne pollutants. Limits the testing methods for air pollutants, and requires that the standards from the DNR be based on a health effect level. Requires the DNR to do extensive testing for 3 years, and to establish a best practices model for the reduction of air pollution. Contains other provisions on technology and penalties. FM: Johnson
Senate Study Bills SSB 3144 NONPROFIT CHANGES (Judiciary) Repeal Code sections related to nonprofit organizations. Enacts the Revised Model Nonprofit Corporation Act. Covers organization, by-laws, directors, members, duties, powers, liabilities and other related matters. Kreiman, McKibben, Ward See HSB 664 SSB 3155 MH/DD/BI SERVICE REDESIGN (Human Resources) States the intent of the Legislature to redesign the system for giving services to persons with mental illness, mental retardation or other developmental disabilities, or brain injury (MI/MR/DD/BI). Changes terminology and contains other provisions. Veenstra (C), Hatch, Tinsman Approved today in committee © 2008 The American Nurses Association, Inc. All Rights Reserved
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