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 firstname.lastname@example.org.
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.
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)
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)
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)
2205 Uniform Electronic Transactions
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)
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)
2240 Counsel for Guardianship and
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)
2321 Medical Assistance for Subsidized
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)
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)
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)
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)
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)
2538 Department of Transportation
Appropriates $200,000 to bring DOT facilities into compliance with the Americans With Disabilities Act. (Effective 7/1/00)
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)
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)
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)
2565 Tobacco Prevention and
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)
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)
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)
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)
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)
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)
2390 Inspections and Appeal
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)
2428 Economic Development
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)
2429 Health and Human Rights
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)
2433 Oversight and Communications
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)
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)
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)
2453 Infrastructure Appropriations
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)
2203 Assignment of Benefits
Requires insurance companies to allow people they insure to authorize direct payment of health benefits.
106 Medicare Managed Care
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)
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)
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)
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)
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)