Governor Tom Vilsack exercised his veto powers over the last month to strike language out of eight budget bills and veto a total of eight other bills in their entirety. As expected, the Governor vetoed a bill which nullified two controversial executive orders - one which includes sexual orientation and gender identity in the executive branch affirmative action policy and another which permits state agencies to waive agency rules under certain narrow circumstances.
The Governor expressed his disappointment that "the legislature has chosen to invest valuable state resources to draft, debate and pass this bill." The Governor went on to say these two executive orders make sure the state is an equal opportunity employer and government operates efficiently, economically and responsively.
As you know, the Governor is given the authority under the Iowa Constitution to veto selected language out of budget bills. This is called a "line item veto" because the Governor may strike out specific line items in a budget without vetoing the entire bill. The eight budgets line item vetoed by the Governor are:
The Personal Assistance Services (PAS) study and a brain injury initiative were vetoed by Governor Tom Vilsack, who expressed strong concerns over the Legislature's failure to appropriate new money for these two important initiatives. The Governor said he is supportive of the intent of these two items (and had appropriated additional funds for cover a brain injury initiative in his budget) - but funds allocated by the Legislature were actually diverted from other services to persons with disabilities. The Governor said this was unacceptable in his veto message.
The Governor expressed general support for the Human Services Budget (SF 2435), saying "for many of our neighbors, family members and friends, it provides the services they most need to assist families, assure basic health care for children, nursing home care for senior citizens, treatment for those with mental illness, and assistance for those with mental retardation and developmental disabilities."
That said, the Governor expressed disappointment in the budget being $3.6 million below his recommended level. The Governor vetoed the following areas of interest:
The only other veto of interest is the Governor's decision to eliminate the creation of a database at the University of Iowa to track treatment options and success rates for neonatal brachial plexus injury. The Governor explained this veto, saying University of Iowa officials are working with interested parties to determine treatment options and have pledged to continue their efforts. This language was vetoed out of the Education Budget (HF 2549).
If you are concerned about these vetoes, contact your state legislators and let them know you would like to work with them to make progress in these areas. Help your state legislators make services to persons with disabilities a top priority in 2001.
Governor Tom Vilsack signed a proclamation last July calling for people, agencies and advocacy organizations to focus attention and resources on the rights of persons with disabilities. This proclamation was in celebration of the 10th Anniversary of the ADA's passage.
This year-long focus will culminate with a Freedom March and Rally at the State Capitol on Friday afternoon, July 21. Individual and group participants are encouraged to join the march and rally. Participants are invited to design and carry flags representing a focus, rallying cry or issue they feel is important to people with disabilities. The more colorful and direct the better. These flags will be planted on the Capitol grounds after the march.
Please plan to join together with other Iowans and show the world we are here, we are capable, and together we have the power to prevail. For more information, contact: Becky Godfrey - Arc of Iowa - at 515/283-2358 or by email at arciowa@aol.com.
Thanks again to all the persons with disabilities and family members and friends who took the time to contact their legislators this year. Your activism continues to pay off and it is never too early to begin to prepare for next year. Please see the enclosed survey (on bright yellow paper) - and make sure you fill it out and send it back. We need to hear your thoughts on how to make this publication the best it can be.
On a final note, the Legislative Council, a group of State Representatives and Senators which governs the legislative branch of government, determines which (if any) interim studies will take place. This decision is normally made in June or July, with interim committees appointed by September. Should any interim committees impacting persons with disabilities be appointed, the DD Council will keep you updated through Inside Policy and other publications.
The following bill list includes only those bills which passed the Legislature and were signed or vetoed by the Governor. All other legislation has been deleted from this list. No bills remaining in the Legislature are eligible for debate next year - in 2001 we start from a clean slate with an entirely new batch of bills.
HF
620 Disability Parking
Authorizes special disabled license plates for wheelchair trailers
and allows a person with a handicapped parking permit to reserve
an adjacent parking space with a cone for access. Requires a person
to carry a copy of a statement from the doctor or other medical
person that certifies the permanent inability of the person to
walk and allows the continued use of existing placards until those
placards become invalid (and then they are replaced with the license
plates). The bill establishes a $100 parking fine for interfering
with a parking cone. (Effective 7/1/00)
HF
754 Dental Care Coverage
Requires that health coverage for children under age 5 and for
severely disabled people include anesthesia and hospital costs
for dental care. The bill allows the covered treatment to take
place at a doctor's office or hospital and applies to individual
or group accident or sickness insurance providing coverage on
an expense-incurred basis; an individual or group hospital or
medical service contract; an individual or group HMO contract;
the public employee plan; and any other insurance business subject
to regulation by the Insurance Commissioner. The bill does not
apply to accident only, specified disease, short-term hospital
or medical, hospital confinement indemnity, credit, dental, vision,
Medicare supplement, long-term care, basic hospital and medical-surgical
expense coverage as defined by the commissioner, disability income
insurance coverage, coverage issued as a supplement to liability
insurance, workers' compensation or similar insurance, or automobile
medical payment insurance. (Effective 7/1/00)
HF
2039 Deappropriation Bill
Deappropriates $30 million from the current (fiscal year 2000)
budget. Among those cuts is a $6.98 million cut to the Department
of Human Services. These cuts are due to a lower than expected
federal fine for error rates in the Food Stamp Program ($689,000);
$100,000 from the State Supplementary Assistance Program; $400,000
from state juvenile institutions in Toledo and Eldora because
of delays in opening additional beds; $187,840 from the Subsidized
Guardianship Program because computer problems have delayed the
start-up; $3.65 million which was appropriated to institute a
plan which was rejected by the federal government; $2,339,000
from DHS field operations (federal funds replace these); and $266,530
from the Sexually Violent Predator Commitment Program, which had
eight fewer clients than expected. (Effective 1/18/00)
HF
2205 Uniform Electronic Transactions
Act
Requires state executive branches, departments, boards, commissions,
authorities and institution to send and accept electronic records
and electronic signatures. The bill electronic bidding for state
contracts. The bill also creates an advisory committee to study
issues associated with the electronic filing, recording, and indexing
of documents affecting property. The membership of the Advisory
Committee is appointed by the Legislative Council and includes
representatives of the Iowa County Recorders Association, Iowa
State Bar Association, Iowa State Association of Counties, Iowa
Title Guaranty, Iowa Land Title Association, Iowa Bankers Association,
Iowa Independent Bankers Association, Iowa Association of Realtors,
Iowa Mortgage Bankers Association, and the Attorney General's
office. The committee recommend a pilot program for electronic
land transfers to the Legislature by January 20, 2001. If someone
alters, creates, or publishes fraudulent electronic records or
signatures they can be convicted of a serious misdemeanor for
the first offense and a class "D" felony upon conviction
of the second and subsequent violations. This bill will allow
many legal or financial transactions to occur over the Internet.
(Effective 5/15/00)
HF
2206 Administrative Rules Waiver
Allows a state agency to waive or vary from its rules if someone
petitions them to do so and the agency has established procedures
for such variances. Waivers may be granted only if the agency
finds clear and convincing evidence that would constitute an undue
hardship, the waiver would not hurt others, the specific rule
is not mandated by law, and that equal protection of health and
safety can be provided by other means. Such variances and waivers
are to be temporary if possible and departments are to submit
reports to the Administrative Rules and Review Committee detailing
waivers petitioned and granted. Gives an agency jurisdiction to
grant a waiver or variance as long as it is consistent with the
statute, but does not require an agency to have statue authority
to grant the waiver. (Effective 7/1/00)
HF
2240 Counsel for Guardianship and
Conservatorship Proceedings
This bill describes a payment structure for the counsel of a ward
of the state. If the ward happens to be a minor with an estate
the costs of counsel would be paid out of his/her estate. If the
minor has no estate the costs for counsel would be paid by his
parent/guardian, unless the parent/guardian is also indigent.
If the minor and his/her parent/guardian are indigent the county
will pick up their costs for counsel. (Effective 3/31/00)
HF
2321 Medical Assistance for Subsidized
Guardianship
Expands medical assistance eligibility in two areas - children
in the subsidized guardianship program and certain low-income
persons mandated by the federal Balanced Budget Act of 1997. Kids
in the guardianship program live with a court-appointed guardian
because they can not live at home and are not being adopted -
they will be covered under the Medicaid program. The BBA mandated
two additional groups of individuals to be eligible for Medicare,
effective January, 1998. To date, this eligibility has been effective
through administrative rules - this bill codifies these rules
and the existing practice. The first group to be added are individuals
whose income is between 120-135% of the federal poverty level
- they would be eligible for the full Medicare part B premium.
Part B covered services includes physician and other medical services,
outpatient hospital care, ambulatory surgical services, home health,
clinical diagnostic laboratory services, and preventive services.
The second of the required groups includes individuals whose income
is between 135-175% of the federal poverty level - this coverage
would pay for home health care under the Medicare part B premium.
The bill also considers disclaimers of inheritance and failure
to elect against a will as a transfer of assets in determining
eligibility for Medicare. Medicaid eligibility requirements are
waived for the subsidized guardianship program. (Effective 7/1/00)
HF
2327 County Mental Health Services
Fund - Capital Assets
Prohibits counties from using money from the County Mental Health
Services Fund to purchase capital assets, unless they are used
to provide mental health services. Capital assets are defined
as any real or tangible personal property with a value of more
than $10,000 and an estimated usable life of more than three years
(but excludes modifications made to a home or vehicle of a consumer).
The bill also allows a county to adjust its "base year"
that determines MH/MR/DD funding through a petition to the County
Finance Committee. (Effective 4/13/00)
HF
2351 Back to School Tax Free Weekend
Establishes a two-day tax-free shopping weekend to take place
on the first Friday and Saturday in August. The exemption applies
to clothes and shoes, with the exception of athletic shoes and
shoes designed with a protective purpose. Each item must cost
less than $100. The tax exemption applies to all local option
sales taxes, without exception. (Effective 5/26/00)
SF
2360 Background Checks & Name
Change for Hospital-Schools
Authorizes DHS to perform background checks of employees and volunteers
having direct client contact in county cluster offices. DHS is
to perform criminal, child, and dependent adult abuse records
checks in Iowa and may do so in other states. DHS may consider
the type of criminal background a person has in determining if
that person should continue employment. The bill makes the director
of DHS directly responsible for state institutions and changes
"hospital-schools" to Glenwood and Woodward State Resource
Centers. The bill also directs the Department of Human Services
to expand the pilot project for decategorizing funding for adult
mental health, mental retardation, and developmental disabilities
services to Webster and Washington Counties (it is currently in
Polk, Linn, and Tama/Poweshiek Counties). (Effective 4/19/00)
HF
2533 Federal Block Grants
Appropriates federal block grants beginning October 1, 2000, and
provides procedures for increasing or decreasing the appropriations
if the block grants are increased or decreased. The bill appropriates:
$3,095,824 (Community Mental Health Services Block Grant); $6,968,187
(Maternal and Child Health Services Block Grant) for mobile and
regional child health specialty clinics which conduct activities
to improve the health of low-income women and children and promote
the welfare of children with actual or potential handicapping
conditions and chronic illnesses; $18,812,027 (Social Services
Block Grant) for field operations ($7,154,673), child and family
services ($1,070,140), local administrative costs and other local
services ($758,773), volunteers ($82,927), community-based services
($95,365), and MH/MR/DD/BI community services ($8,453,938); and
$30,389,871 (Child Care and Development Block Grant). Other appropriations
in the bill include: $256,000 for education for neglected and
delinquent children; $110,755 for handicapped education; $36,397,987
in state grants for handicapped persons; $246,469 for independent
living projects; $3,764,800 for incentives to educate handicapped
persons; $2,869,783 for the education of handicapped infants and
toddlers; $192,552 for homeless youth and children; $150,000 for
headstart collaborative grant; $875,528 for handicapped English
literacy; $848,186 for developmental disabilities basic support;
$29,492,952 for foster care Title IV-E; $19,666,132 for adoption
assistance; $283,722 for child abuse basic; $192,939 for child
abuse challenge; and $35,808,644 for children's health insurance
program. DHS must also develop a plan for the use of federal Social
Services Block Grant Funds for future fiscal years, as well as
include all programs and services at the state level which the
department proposes to fund with federal social services block
grant funds. DHS is asked to identify state and other funds it
proposes to use to fund social services block grant programs and
services. (Effective 4/21/00)
HF
2538 Department of Transportation
Funds
Appropriates $200,000 to bring DOT facilities into compliance
with the Americans With Disabilities Act. (Effective 7/1/00)
HF
2549 Education Budget
Appropriates $988.5 million for various educational programs,
Board of Regents and the Department of Education. The bill appropriates
$14.9 million for the At-Risk Children/Empowerment Area grant
program. The bill cuts $9.8 million of funding for supplemental
weighting for alternative High Schools; eliminates shift of library
support services from the regional libraries; and appropriates
$18.2 million to the Regents Institutions for pay raises. The
bill gives an additional $145,977 (total $4,878,700) to the Department
of Education's Division of Vocational Rehabilitation (VR) to fully
match federal funds. Approximately $4 in federal funds is matched
to every $1 in State funds. The bill requires VR to use up to
$2 million to serve clients without regard to an order of selection
and use local funds as matches to federal funding. This new language
will help VR maximize federal funding opportunities. The bill
maintains the current level of funding for the Independent Living
Program ($76,401) and requires the program to give the highest
priority to programs that emphasize employment (current practice).
The bill also continues to require VR to enter into an agreement
with the Creative Employment Options (CEO) program in order to
count the funds appropriated to the program as federal matching
funds. Line Item Vetoes (also shown in stricken sections): A study
on local public libraries support services, a study that required
ISU Extension and DHS to identify duplicative materials, and a
U of I database on obstetrical brachial plexus palsy. (Effective
7/1/00)
HF
2555 Tobacco Settlement Dollars
Allocates $55 million from this years Tobacco Settlement Fund.
The bill appropriates $24.3 million to the Department of Human
Services including: $3.6 million to raise reimbursement rates
under Medicaid for dental services (to 75% of rates); $500,000
to provide a 5% cost-of-living adjustment to adoption, independent
living, shelter care, and home studies services providers; $4,400,000
to expand home health care services and habilitative day care
under the medical assistance program for children with special
needs; and $35,000 to seek a waiver from the Health Care Financing
Administration to implement a pilot project to study continuous
eligibility for children under Medicaid. The bill also allocates
$23 million to the Department of Public Health, including: $9.4
million for smoking prevention and cessation and $11.9 million
for substance abuse treatment and prevention. The Department of
Corrections also receives $1.8 million for drug courts. $2 million
is appropriated to raise reimbursement rates by assisting certain
counties with limited county mental health, mental retardation,
and developmental disabilities services fund balances and increasing
reimbursements for Purchase of Services (POS) providers. The bill
also creates a Savings Account for Healthy Iowans with a $5 million
appropriation. This money will be used to support current programs
if tobacco payments are late or do not come in as expected. All
tobacco funds (including the savings account) are to be used for
purposes related to health care, for the treatment and enforcement
of substance abuse and tobacco use, as well as other purposes
related to the needs of children, adults, and families. The bill
changes the type of reimbursement of certain providers from fee-for-service
to the relative value scale methodology. The bill also increases
the HAWK-I program income limit from 185% to 200% of the federal
poverty level. (Effective 5/5/00)
HF
2560 Omnibus Tax Bill
This bill includes several tax cuts and credits, including two
of interest to disability clients. Assistive Technology Tax Credit:
Provides a small business tax credit for 50% on the first $5,000
of the cost for purchasing or renting an assistive device or making
workplace renovations for employees with disabilities. The bill
applies to individual and corporate income taxes, and applies
to small businesses with no more than 14 full-time employees and
less than $3 million in gross receipts. Small businesses with
15 or more employees are currently eligible for a similar federal
tax credit. The bill caps the entire program at $500,000, to be
granted on a first come, first serve basis. Pension Tax: Raises
the pension and retirement income tax deduction for a person who
is disabled, or is 55 years of age or older, from $5,000 to $6,000
for single filers and from $10,000 to $12,000 for married persons.
(Effective 5/16/00)
HF
2565 Tobacco Prevention and
Control
Legislative Intent: To reduce tobacco use among youth (ages 5-24)
and pregnant women and foster a climate which makes smoking socially
unacceptable. There are four components to this bill: the creation
of a Tobacco Use Prevention & Control Division in the Department
of Public Health (DPH); the establishment of the Commission on
Tobacco Use Prevention and Control; implementation of a Comprehensive
Tobacco Use Prevention and Control Initiative; and the creation
of community partnerships. Tobacco Use Prevention and Control
Division: Creates this new division in the DPH to coordinate,
implement and administer the initiative as designed by the newly
created Commission on Tobacco Use Prevention and Control. An administrator
is to be hired to oversee the operations of this division, under
the oversight of Dr. Steve Gleason, the Director of the Department
of Public Health. Commission on Tobacco Use Prevention and Control
: The Commission will address the needs of pregnant women and
youth by developing and directing the tobacco prevention and control
initiative. The ten-member Commission will be appointed by the
Governor and confirmed by the Senate (except the youth members).
Voting members include: three members who are active with nonprofit
health organizations that emphasize tobacco use prevention or
who are active as local health service providers; one retailer;
three members who are active in health promotion activities at
the local level, specifically working in areas of youth education,
law enforcement, non-profit services, or other areas related to
tobacco use prevention and control; and three young Iowans who
are elected at an annual Youth Summit. Requires two of the voting
commission members to represent racial or ethnic minorities (One
adult, and one youth), and allows vacancies to the Commission
to be appointed by the Governor with the confirmation of the Senate.
Also on the Commission are several non-voting members: two Senators
(one each appointed by the Senate Majority and Minority Leaders);
two Representatives (one each appointed by the Speaker of the
House and the House Minority Leader); the Presiding Officer of
the Statewide Youth Executive Body (selected by the delegates
of the Youth Summit); and a single liaison from the Department
of Education; Drug Policy Coordinator; Attorney General's Office;
Department of Human Services; and the Alcoholic Beverages Division
of the Department of Commerce. Comprehensive Tobacco Use Prevention
and Control Initiative: The health initiative requires at least
four components - youth programs that are directed by youth participants
for youth; media, marketing and communications program; independent
evaluation of each component; ongoing statewide assessment of
the effectiveness of the initiative; a tobacco use prevention
and control education program; and a tobacco enforcement program.
The health initiative's overall goals are to reduce youth tobacco
use; achieve strong youth involvement; encourage youth to make
healthy choices; reduce tobacco use among pregnant women; and
increase compliance by minors and retailers with tobacco sales
laws. Community Partnerships: To make all this happen, the Legislature
recognized the need to have broad community participation. Like
community empowerment areas, these partnerships will be designated
but they are not defined in the bill. The bill does say they may
follow any combination of existing city, school, county, community
empowerment, decategorization, or federal enterprise zone boundaries.
The bill leaves the community large discretion in choosing the
entity to be the fiscal agent of the community partnership. The
community partnerships will contract with the DPH to implement
the tobacco initiative, and may receive funds with a local match,
which may include in-kind services, office support, or other tangible
support to offset costs. The contract must include an evaluation
component. There will be a formula established to determine funding
eligibility, which will be based on the school-age children population
as well as other criteria established by the Commission. Sunset:
The program was originally set to sunset on June 30, 2005, but
the Legislature opted to extend that time period to 2010 to give
the initiative time to complete its initial five-year review and
make adjustments. The bill also bans giving away cigarettes or
tobacco products, including merchandise and, gifts, in exchange
for the purchase of cigarettes or tobacco products. This includes
"two for one" offers. (Effective 5/15/00)
HF
2579 Tobacco Settlement Authority
Creates
the Tobacco Settlement Authority to administer the Tobacco Settlement
and will be staffed by the Treasurer's office. The bill creates
a governing board consisting of the Treasurer of State, the Auditor
of State, and the Director of the Department of Management; allows
the State to sell Tobacco Settlement Funds to the Authority under
a plan developed by the Authority but subject to approval of the
Legislature Council and ratification by the Executive Council;
authorizes the Authority to issue tax exempt bonds and creates
the Tobacco Settlement Trust Fund. The bill also stipulates that
the all funds appropriated must be for health care, substance
abuse treatment and enforcement, and tobacco prevention and control.
The plan developed by the Authority must receive a constitutional
majority of the Legislature and approval by the Governor to be
implemented. The act is repealed by March 1, 2001. (Effective
5/19/00)
SF
2007 Anesthesia Restrictions
for a Person with a Physical or Mental Disability
Allows a guardian to authorize routine physical and dental examinations,
including the use of anesthesia for a ward for professional care,
if that care is necessary because of a disability. Adds routine
physical and dental exams to the list of services to be covered
and defines this as preventive services, diagnostic services,
restorative services, periodontal services, endodontic services,
oral surgery, prosthetic services, and orthodontic services. The
bill states that physical exams include procedures performed for
the general treatment and diagnosis of a specific illness, symptom,
complaint, or injury. (Effective 7/1/00)
SF
2144 Health Care Facility Inspections
Requires
the Department of Inspections and Appeals (DIA) to conduct unannounced
inspections of health care facilities at least once every 30 months.
Current law requires these inspections to be conducted every 15
months. The bill also establishes a quality-based inspections
system for health care facilities licensed only by the state,
to be implemented in the July 1 - September 1, 2001 inspection
period. DIA will also convene an advisory committee of stakeholders
to monitor the criteria used in the inspection system. DIA is
to prepare a report with the help of the stakeholder committee
and submit it to the Legislature by August 1, 2001 on the criteria
to be used in this new system. (Effective 7/1/00)
SF
2193 Senior Living Act
This
bill is essentially the same as the Governor's proposal for a
long-term care continuum in Iowa - but it was renamed the Senior
Living Act. The goal of this program is to create a comprehensive
long-term care system that is consumer-directed, provides a balance
between the alternatives of institutionally and non-institutionally
provided services, and contributes to the quality of the lives
of Iowans. The bill creates a Long-term Care Trust Fund and appropriates
up to $65 million over five years to be used to provide services
under this Act. The bill establishes a grant program for nursing
homes converting to assisted living. Beginning October 1, 2000,
the Department of Elder Affairs is to use funds to design, maintain
and expand home and community-based services for elders, including
adult day care, personal care, respite, homemaker, chore and transportation
services designed to promote the independence of (and to delay
the use of institutional care) elders with low and moderate incomes.
The bill authorizes the State to secure PACE grant funds, an innovative
federal program which provides flexible funding for both traditional
and non-traditional health services. Finally, the bill allows
for larger grants to health care facilities converting to assisted
living facilities with adult day care, respite care and child
care for special needs children. Sunsets June 30, 2005. (Effective
3/1/00)
SF
2303 Mental Health Advocates
Requests an interim study to review issues related to the county
mental health advocates and their role in the judicial system.
The study is to specifically review statutory requirements for
appointing and compensating county mental health advocates. (Effective
7/1/00)
SF
2390 Inspections and Appeal
Duties
Codifies various duties of the Department of Inspection and Appeals'
Health Facilities Division, which was created in 1986 but never
placed in Iowa Code. (Effective 7/1/00)
SF
2428 Economic Development
Budget
Appropriates
$37.3 million to the Department of Economic Development and Iowa
Workforce Development, a decrease of $4.4 million. The bill appropriates
$500,000 for the New Employment Opportunities Fund, a new program
which provides flexible funding sources to be used to assist underutilized
segments of the Iowa population to obtain and retain work. This
includes funding for insurance, on-the-job training, short-term
basic education, assisting businesses with ADA compliance, mentoring,
internships, and reducing perceived risks that cause these populations
to be underutilized. These funds will come from the Administrative
Contribution Surcharge Fund in Iowa Workforce Development. The
bill also decreases the Strategic Investment Fund (which funds
the Entrepreneurs With Disabilities Program) by $1.4 million.
There is increased demand in this fund, so the actual appropriation
is anticipated to be $6.3 million under demand. DED is expected
to fund the EWD program at current levels for FY 2001. Line Item
Vetoes (also shown in stricken sections): Requirement that DED/SBDC
jointly complete a report detailing duplication of services and
outlining a plan to eliminate this duplication; the mandate that
would have prevented the IWD from allocating additional moneys
from the Penalty and Interest Fund before January 30, 2001; language
allowing $2.5 million from the Physical Infrastructure Fund to
go to the ACE program; a study by the Information Technology Services
Division to study IWD's "one stop" program; and a report
from IWD regarding the financing of the Workforce Development
Centers after the repeal of the administrative contribution surcharge.
(Effective 7/1/00)
SF
2429 Health and Human Rights
Budget
Appropriates
$88.6 million to the Departments of Health and Human Rights, which
is a decrease of $6.5 million (7%). However, this bill eliminates
$7.5 million in general fund appropriations for substance abuse
and supplants it with $7.5 million in tobacco funds. The Department
of Public Health is hit with $8.1 million in cuts, which is offset
by both the $7.5 million in tobacco funds and $1.2 million in
gamblers treatment funds. The net result is actually a slight
increase. DPH programs that were decreased include: Addictive
Disorders Program by $8.5 million (total of $1,450,907, plus $7.5
million in tobacco funds and $1.2 million in gambler's treatment
funds) and the Child and Adolescent Wellness Program by $60,000
to reduce funds for the Physician Care for Children Program because
these children are already covered by the Healthy and Well Kinds
in Iowa (HAWK-I) program (total $1,424,456). The bill appropriates
a $20,000 increase (to $202,869) for the Persons with Disabilities
Division of the Department of Human Rights to be used to increase
safety precautions at the Youth Leadership Forum. The following
appropriations are maintained at their current levels: $1.8 million
for services to persons with chronic conditions and special health
care needs (Chronic Conditions Program); $115,613 to the Muscular
Dystrophy and Related Genetic Disease Programs at the University
of Iowa; and $339,634 for the Deaf Services Division of the Department
of Human Rights. The budget allocates funds from the Gamblers
Treatment Fund: $1.2 million to the Addictive Disorders Program;
$100,000 to the Community Action Agencies for a HAWK-I outreach
pilot project and approved by the HAWK-I board; and $50,000 for
a Childhood Lead Poisoning Prevention Program. Several other changes
were also made including the creation of an Assisted Living Certification
Fund in the Department of Elder Affairs (DEA) by allowing DEA
to retain and invest fees from the blueprint review fees. The
bill also requires fees collected by the Division of Deaf Services
to be used for continued and expanded interpretation services.
Finally, the bill maintains the current level of funding for the
Department of the Blind ($1,784,950). The bill also changes the
criteria and performance of the Community Grant Fund Program.
Previously grantees were required to be from a defined geographical
area; they must now specifically be a decategorization project
area. The bill also eliminates the matching requirements for grantees
and changes the grant plan focus from being consistent with the
human investment strategy of the State to being consistent with
the annual child welfare services plan developed by the governance
board of the decategorization project area. The plans must be
submitted to the DHS and the Iowa Empowerment Board. It requires
the Division of Criminal and Juvenile Justice Planning to adopt
rules for the awarding of grant moneys, and extends the sunset
to June 30, 2005. (Effective 7/1/00)
SF
2433 Oversight and Communications
Budget
Appropriates
$21.6 million for various technology initiatives. Some of the
projects funded out of the Pooled Technology Account include $742,555
for the electronic data collection, management, and reporting
associated with the Temporary Assistance for Needy Families (TANF)
welfare reform program within the Department of Human Services
(DHS) and $1,131,976 for a child support recovery unit system
within DHS. Other programs that may be funded out of the account
will be a data warehouse for the division of criminal and juvenile
justice planning within DHS, an electronic database directory
of all health care and support services available to senior citizens
for the Department of Elder Affairs, and the development and implementation
of an electronic system for vital records for the Iowa Department
of Public Health. Line Item Vetoes: Language that would have prohibited
Community Attraction and Tourism fund dollars from being used
for marketing; non-reversion language allowing unspent resources
in the Environment First Fund to carry-over to next year; and
a $1.3 million appropriation for the Agricultural Drainage Well
System Assistance Program. (Effective 7/1/00)
SF
2435 Human Services Budget
Appropriates
$797.8 million to the Department of Human Services. The bill continues
the pharmaceutical case management study ($414,000); recommends
an increase in dental reimbursements under Medicaid, using $2.9
million of tobacco funds; increases funding for Community Mental
Health Centers ($54,081); provides $412,257 for the increased
costs associated with the Medicare Buy-In program; recommends
using tobacco funds to increase provider reimbursement rates,
expand long-term care alternatives, eliminates excess paperwork
and delays in the state child health insurance program (HAWK-I),
expanding home health care for special needs children and habilitative
day care for special needs children, and extended supported employment
in BI and MR waivers; increases child care assistance by $7.6
million (to $23.2 million); maintains adoption, guardianship,
family foster care and independent living at 70% USDA ($609,759);
increases adoption subsidies by $2.3 million; provides a cost
of living adjustment for Family Support Subsidy payments ($38,613);
adds an additional 50 more children to the Family Support Subsidy
($202,602); maintains appropriation for Conners Training ($46,000);
cuts from the Governor's level the Cherokee MHI appropriation
by $185,000, Clarinda MHI by $43,000, $120,000 from Mt. Pleasant
MHI, and Independence MHI by $335,000; cuts the Governor's level
appropriation for Glenwood ($200,000) and Woodward ($165,000);
maintains the appropriation at current levels for MH/MR/DD services
($121,220), DD Special Needs Grants ($53,212), Community MH/MR
Fund ($19,560,000), Personal Assistance Pilot ($364,000); appropriates
recommended level of mental health property tax growth ($21.3
million); and eliminates funding ($60,000) for the Reactive Attachment
Disorder. The bill requires DHS to set up a pilot program providing
continuous eligibility for children in HAWK-I and forbids judges
from ordering juvenile services that the state does not have the
funds to pay for or from shifting a state financial responsibility
to a county. The bill continues the physical disabilities waiver
option on a first come, first serve basis; requires DHS to aggressively
pursue a rehabilitation option and clarifies that county dollars
may be used to match federal funds; and appropriates $100,000
to develop options for implementation of a personal assistance
services program, based on the provisions outline in HF 2380.
directs DHS to continue the reviewing reimbursement policies but
requires legislative approval before implementation of these changes;
allows the direct reimbursement to independent nurse practitioners;
and cuts $600,000 from MI/MR/DD State Cases and uses $300,000
of that amount to reimburse selected Intermediate Care Facilities
for the Mentally Retarded for serving persons with brain and head
injuries. Line Item Vetoes (also shown in stricken sections):
The Governor vetoed language that would have limited the type
of technologies used for electronic benefit transfers; language
which required DHS to appear before the Human Services Subcommittee
next year to report on progress made in various efforts; language
which would have granted additional benefits to individuals with
special needs no longer eligible for EPSDT; language detailing
a Personal Assistance Services (PAS) study (but left language
in another section asking for a review of the Quad Cities PAS
pilot); $50,000 for the Child Welfare Services Work Group (i.e.
the Bruner/Dayhoff group); requirements directing the state MHIs
continue net budgeting; $300,000 for the reimbursement of intermediate
care facilities for persons with a head or brain injury (the net
effect of this is to redirect these funds to State Cases, making
only a $300,000 cut to that program instead of a $600,000 cut);
and an evaluation of the child protection system. (Effective 7/1/00)
SF
2452 Standings Budget
Appropriates
$26.5 million for mental health growth in FY 2001, a 1.7% increase.
The bill prohibits counties sitting on mental health fund reserves
in excess of 35% will not be eligible for the new growth dollars.
Line Item Vetoes: Language that would have established a Microsoft
Settlement Fund; language that would have limited the Department
of General Services' ability to recommend long-term leases in
its facilities study; and language that dealt with residency requirements
to obtain a fishing and hunting license. (Effective 7/1/00)
SF
2453 Infrastructure Appropriations
Budget
Appropriates $76.4 million from the Rebuild Iowa Infrastructure
Fund and the Environment First Fund for FY 2001, $26.3 million
for FY 2002, $14.4 million for FY 2003 and $3.0 million for FY
2004. The bill includes $7.5 million for major renovation and
repair for health, life, and fire safety and compliance with the
federal Americans With Disabilities Act for state-owned buildings
and facilities. Line Item Vetoes: Language that would have prohibited
Community Attraction and Tourism fund dollars from being used
for marketing; non-reversion language allowing unspent resources
in the Environment First Fund to carry-over to next year; and
a $1.3 million appropriation for the Agricultural Drainage Well
System Assistance Program. (Effective 7/1/00)
SF
2203 Assignment of Benefits
Requires
insurance companies to allow people they insure to authorize direct
payment of health benefits.
HCR
106 Medicare Managed Care
Health Plan
Supports the Minnesota Attorney General's lawsuit against the
federal government and the United States Secretary of Health and
Human Services. The lawsuit cites the federal Medicare managed
care payment violation of the constitutional right to state sovereignty
and equal protection. These violations result in drastic differences
in the availability, cost, and scope of health benefits from county-to-county
and state-to-state. (Adopted by House & Senate)
HCR
115 Census Participation
Urges citizens to participate and cooperate in the 2000 census.
The resolution also calls for business, and civic leaders to publicize
the importance of the census and encourage residents to provide
accurate and complete information. (Adopted by House & Senate)
HR
112 Melvin and Phyllis Yates
This resolution honors Melvin and Phyllis Yates, a brother and
sister whose mental growth was inhibited by abuse and neglect.
They were wrongly taken to Glenwood State Hospital even though
they were not disabled, and later sterilized without their full
knowledge and consent. They, along with 90 other people, were
later released. The resolution calls for the Iowa House of Representatives
to honor Melvin and Phyllis Yates for their perseverance and courage
in overcoming the adversity of their past mistreatment and to
recognize that all people regardless of their apparent abilities
or disabilities, should be treated with equal respect and dignity.
(Adopted by the House)
SCR
103 Bone and Joint Decade
Designates the years 2000 to 2010 as the "Bone and Joint
Decade." The intent is to raise public awareness about musculoskeletal
impairments. (Adopted by House & Senate)
SCR
120 Human Services Policy Study
Requests one or more interim studies to review human services
policies. The resolution states the increasingly complex issues
and time limitations faced by the Human Services Budget Subcommittee.
This resolution asks for interim studies on the use of prior authorization
of nonsedating antihistamines for children in the medical assistance
program; providing pharmacy services over the Internet; the use
of the electronic benefit transfer program for public assistance,
including the type of equipment to be used and fees to be paid
to retailers; DHS's proposed reimbursement methodology change;
and alternatives to placing boys in the Iowa Juvenile Home in
Toledo. (Adopted by Senate)