Bill Text: IA HF566 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to bodies of the state governmental structure under the purview of the department of health and human services. (Formerly HF 386.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2023-03-21 - Subcommittee: Rowley, Costello, and Trone Garriott. S.J. 645. [HF566 Detail]

Download: Iowa-2023-HF566-Introduced.html

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House File 566 - Introduced
HOUSE FILE 566
BY COMMITTEE ON HEALTH AND
HUMAN SERVICES
(SUCCESSOR TO HF 386)
A BILL FOR
An Act relating to bodies of the state governmental structure
under the purview of the department of health and human
services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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HEALTH POLICY OVERSIGHT
Section 1. Section 2.45, subsection 5, Code 2023, is amended
to read as follows:
5. The legislative health policy oversight committee,
which shall be composed of ten members of the general
assembly, consisting of five members from each house, to
be appointed by the legislative council. The legislative
health policy oversight committee shall may meet at least two
times, annually , during the legislative interim to provide
continuing oversight for Medicaid managed care, and to ensure
effective and efficient administration of the program, address
stakeholder concerns, monitor program costs and expenditures,
and make recommendations.
VIRTUAL AND REMOTE MEETING OPTIONS
Sec. 2. Section 135.12, Code 2023, is amended to read as
follows:
135.12 Statutory board, commission, committee, or council of
committee —— teleconference option , virtual meeting, and remote
participation options .
1. Any statutorily established board, commission,
committee, or council established under the purview of the
department shall provide for a hybrid meetings, teleconference
option participation, virtual meeting, and remote participation
options for board, commission, committee, or council members to
participate in official meetings.
2. For the purposes of this section:
a. “Hybrid meeting” means a meeting involving both remote
participation and in-person participation by members.
b. “Remote participation” means real-time participation by
a remotely located individual in a meeting which is being held
in a different physical location using integrated audio, video,
and other digital tools.
c. “Teleconference participation” means participation using
audio conference tools involving multiple participants in at
least two separate locations.
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d. “Virtual meeting” means a meeting involving real-time
interaction using integrated audio, video, and other digital
tools, in which participants do not share a physical location.
Sec. 3. NEW SECTION . 217.22 Statutory board, commission,
committee, or council —— teleconference, virtual meeting, and
remote participation options.
1. Any statutorily established board, commission,
committee, or council established under the purview of the
department shall provide for hybrid meetings, teleconference
participation, virtual meetings, and remote participation,
and other hybrid options for board, commission, committee, or
council members to participate in official meetings.
2. For the purposes of this section:
a. “Hybrid meeting” means a meeting involving both remote
participation and in-person participation by members.
b. “Remote participation” means real-time participation by
a remotely located individual in a meeting which is being held
in a different physical location using integrated audio, video,
and other digital tools.
c. “Teleconference participation” means participation using
audio conference tools involving multiple participants in at
least two separate locations.
d. “Virtual meeting” means a meeting involving real-time
interaction using integrated audio, video, and other digital
tools, in which participants do not share a physical location.
ADVISORY COUNCIL ON BRAIN INJURIES
Sec. 4. Section 135.22B, subsection 2, Code 2023, is amended
to read as follows:
2. Program created.
a. A brain injury services program is created and shall be
administered by a division of the Iowa department of public
health in cooperation with counties and the department of human
services .
b. The division of the department assigned to administer
the advisory council on brain injuries under section 135.22A
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shall be the program administrator. The division duties shall
include but are not limited to serving serve as the fiscal
agent and contract administrator for the program and providing
shall provide program oversight.
c. The division shall consult with the advisory council
on brain injuries, established pursuant to section 135.22A ,
regarding the program and shall report to the council
concerning the program at least quarterly. The council shall
make recommendations to the department concerning the program’s
operation.
Sec. 5. REPEAL. Section 135.22A, Code 2023, is repealed.
CONGENITAL AND INHERITED DISORDERS ADVISORY COMMITTEE
Sec. 6. Section 136A.3A, Code 2023, is amended to read as
follows:
136A.3A Congenital and inherited disorders advisory committee
established —— process for addition of conditions to newborn
screening.
1. A congenital and inherited disorders advisory committee
is established solely to assist the center for congenital and
inherited disorders and the department in the development of
programs that ensure the availability and access to quality
genetic and genomic health care services for all Iowans
designating the conditions to be included in the newborn
screening and in regularly evaluating the effectiveness and
appropriateness of the newborn screening .
2. a. The members of the advisory committee shall
be appointed by the director and shall include persons
with relevant expertise and interest including parent
representatives be comprised of not more than fifteen regular
voting members with relevant expertise and interest including
representatives of professional groups, agencies, parents,
consumers, and professional health care providers, appointed by
the director . The director may replace a regular member due
to nonattendance.
b. The advisory committee shall meet at least once per year.
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3. The advisory committee shall assist the center for
congenital and inherited disorders and the department in
designating the conditions to be included in the newborn
screening and in regularly evaluating the effectiveness and
appropriateness of the newborn screening.
4. 3. a. Beginning July 1, 2022, the advisory committee
shall ensure that all conditions included in the federal
recommended uniform screening panel as of January 1, 2022, are
included in the newborn screening.
b. Within twelve months of the addition of a new condition
to the federal recommended uniform screening panel, the
advisory committee shall consider and make a recommendation
to the department regarding inclusion of the new condition in
the newborn screening, including the current newborn screening
capacity to screen for the new condition and the resources
necessary to screen for the new condition going forward.
If the advisory committee recommends inclusion of a new
condition, the department shall include the new condition in
the newborn screening within eighteen months of receipt of the
recommendation.
5. 4. The department shall submit a status report to the
general assembly, annually, by December 31, regarding all of
the following:
a. The current conditions included in the newborn screening.
b. Any new conditions currently under consideration or
recommended by the advisory committee for inclusion in the
newborn screening.
c. Any new conditions considered but not recommended by the
advisory committee in the prior twelve-month period and the
reason for not recommending any such conditions.
d. Any departmental request for additional program capacity
or resources necessitated by the inclusion of a recommended new
condition in the newborn screening.
e. Any delay and the reason for the delay by the advisory
committee in complying with the specified twelve-month time
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frame in considering or recommending the inclusion of a new
condition in the newborn screening to the department.
f. Any delay and the reason for the delay by the department
in complying with the specified eighteen-month time frame in
including a new condition in the newborn screening following
receipt of a recommendation from the advisory committee
recommending the inclusion of such condition.
6. 5. The state hygienic laboratory shall establish
the newborn screening fee schedule in a manner sufficient
to support the newborn screening system of care including
laboratory screening costs, short-term and long-term follow-up
program costs, the newborn screening developmental fund, and
the cost of the department’s newborn screening data system.
Sec. 7. ADMINISTRATIVE RULES. The department of health
and human services shall adopt rules pursuant to chapter 17A
to ensure all of the following:
1. That the sole duty of the congenital and inherited
disorders advisory committee is to designate the conditions
to be included in the newborn screening and in regularly
evaluating the effectiveness and appropriateness of the newborn
screening.
2. That the duties of the advisory committee shall not
include supporting the development of special projects and
conferences regarding genetic and genomic health care services
and issues, or advocating for quality genetic and genomic
health care services for all residents in the state of Iowa.
CHILD CARE ADVISORY DUTIES
Sec. 8. Section 237A.12, subsection 3, Code 2023, is amended
to read as follows:
3. Rules relating to fire safety for child care centers
shall be adopted under this chapter by the state fire marshal
in consultation with the department. Rules adopted by the
state fire marshal for a building which is owned or leased by a
school district or accredited nonpublic school and used as a
child care facility shall not differ from standards adopted by
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the state fire marshal for school buildings under chapter 100 .
Rules relating to sanitation shall be adopted by the department
in consultation with the director of public health . All rules
shall be developed in consultation with the state child care
advisory committee early childhood Iowa office . The state fire
marshal shall inspect the facilities.
Sec. 9. Section 237A.25, subsection 1, Code 2023, is amended
to read as follows:
1. The department shall develop consumer information
material to assist parents in selecting a child care provider.
In developing the material, the department shall consult with
department of health and human services staff, department of
education staff, the state child care advisory committee, the
early childhood Iowa state board, and child care resource and
referral services. In addition, the department may consult
with other entities at the local, state, and national level.
Sec. 10. Section 237A.30, subsection 1, Code 2023, is
amended to read as follows:
1. The department shall work with the early childhood Iowa
office in the department of management established in section
256I.5 and the state child care advisory committee in designing
and implementing a voluntary quality rating system for each
provider type of child care facility.
Sec. 11. Section 256.9, subsection 31, paragraph b, Code
2023, is amended to read as follows:
b. Standards and materials developed shall include materials
which employ developmentally appropriate practices and
incorporate substantial parental involvement. The materials
and standards shall include alternative teaching approaches
including collaborative teaching and alternative dispute
resolution training. The department shall consult with the
child development coordinating council, the state child care
advisory committee established pursuant to section 135.173A
the early childhood Iowa office , the department of health and
human services, the state board of regents center for early
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developmental education, the area education agencies, the
department of human development and family studies in the
college of human sciences at Iowa state university of science
and technology, the early childhood elementary division of the
college of education at the university of Iowa, and the college
of education at the university of northern Iowa, in developing
these standards and materials.
Sec. 12. Section 256I.12, subsection 8, Code 2023, is
amended to read as follows:
8. Duties. The early childhood stakeholders alliance duties
shall include but are not limited to all of the following
regarding the Iowa early childhood system:
a. Coordinate with the early childhood Iowa state board.
b. Serve as the state advisory council required under the
federal Improving Head Start for School Readiness Act of 2007,
Pub. L. No. 110-134, as designated by the governor.
c. Advise and make recommendations to the governor, general
assembly, department, and other state agencies concerning
policy issues relating to child care. Such advice and
recommendations shall relate to child care services; resource
and referral services; provider training; quality improvement;
public-private partnerships; standards review and development;
collaboration with prekindergarten, kindergarten, before and
after school programming and facilities and programs supporting
the education and development of young children across state
departments; improvement of the eligibility determination
processes used for state child care assistance and related
programs; and program data collection and analysis.
Sec. 13. REPEAL. Section 135.173A, Code 2023, is repealed.
MENTAL HEALTH AND DISABILITY SERVICES CHILDREN’S BEHAVIORAL
HEALTH SYSTEM STATE BOARD REPEAL —— COMMISSION
Sec. 14. Section 225C.2, subsection 14, Code 2023, is
amended by striking the subsection.
Sec. 15. Section 225C.4, subsection 1, paragraphs c, l, and
m, Code 2023, are amended to read as follows:
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c. Assist the state board in planning for community-based
children’s behavioral health services.
l. Encourage and facilitate coordination of children’s
behavioral health services with the objective of developing
and maintaining in the state a children’s behavioral health
system to provide behavioral health services to all children
in this state who need the services, regardless of the place
of residence or economic circumstances of those children.
The administrator department shall work with the state board
and other state agencies including but not limited to the
department of education and the department of public health
to develop and implement a strategic plan to expand access to
qualified mental health workers across the state.
m. Establish and maintain a data collection and management
information system oriented to the needs of children utilizing
the children’s behavioral health system, providers, the
department, and other programs or facilities in accordance
with section 225C.6A . The system shall be used to identify,
collect, and analyze service outcome and performance measures
data in order to assess the effects of the services on the
children utilizing the services. The administrator department
shall annually submit to the state board commission information
collected by the department indicating the changes and trends
in the children’s behavioral health system. The administrator
department shall make the outcome data available to the public.
Sec. 16. Section 225C.5, Code 2023, is amended to read as
follows:
225C.5 Mental health and disability services commission.
1. A mental health and disability services commission
is created as the state policy-making body for the provision
of services to persons with mental illness, an intellectual
disability, other developmental disabilities, or brain
injury. The commission’s voting members shall be appointed
to three-year staggered terms by the governor and are subject
to confirmation by the senate . Commission members shall be
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appointed on the basis of interest and experience in the fields
of mental health, intellectual disability, other developmental
disabilities, and brain injury, in a manner so as to ensure
adequate representation from persons with disabilities and
individuals knowledgeable concerning disability services. The
department shall provide staff support to the commission, and
the commission may utilize staff support and other assistance
provided to the commission by other persons. The commission
shall meet at least four times per year. The voting membership
of the commission shall consist of the following persons who,
at the time of appointment to the commission, are active
members of the indicated groups:
a. Three members shall be members of a county board of
supervisors selected from nominees submitted by the county
supervisor affiliate of the Iowa state association of counties.
b. Two members shall be selected from nominees submitted by
the director.
c. One member shall be an active board member of a community
mental health center selected from nominees submitted by the
Iowa association of community providers.
d. One member shall be an active board member of an agency
serving persons with a developmental disability selected
from nominees submitted by the Iowa association of community
providers.
e. One member shall be a board member or employee of
a provider of mental health or developmental disabilities
services to children.
f. Two members shall be staff members of regional
administrators selected from nominees submitted by the
community services affiliate of the Iowa state association of
counties.
g. One member shall be selected from nominees submitted
by the state’s council of the association of federal, state,
county, and municipal employees.
h. g. Three members shall be service consumers or family
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members of service consumers. Of these members, one shall be
a service consumer, one shall be a parent of a child service
consumer, and one shall be a parent or other family member of a
person admitted to and living at a state resource center.
i. h. Two members shall be selected from nominees submitted
by service advocates. Of these members, one shall be an active
member of a statewide organization for persons with brain
injury.
j. i. One member shall be an active board member of
an agency serving persons with a substance abuse problem
selected from nominees submitted by the Iowa behavioral health
association.
k. j. One member shall be a military veteran who is
knowledgeable concerning the behavioral and mental health
issues of veterans.
k. One member shall be selected from nominees submitted by
the state court administrator.
l. One member shall be a board member or an employee of a
provider of child welfare services.
m. One member shall be an administrator of an area education
agency.
n. One member shall be an educator, counselor, or
administrator of a school district.
o. One member shall be a sheriff.
p. One member shall be a representative from a health care
system.
l. In addition to the voting members, the membership shall
include four members of the general assembly with one member
designated by each of the following: the majority leader of
the senate, the minority leader of the senate, the speaker of
the house of representatives, and the minority leader of the
house of representatives. A legislative member serves for a
term as provided in section 69.16B in an ex officio, nonvoting
capacity and is eligible for per diem and expenses as provided
in section 2.10 .
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2. The three-year terms shall begin and end as provided in
section 69.19 . Vacancies on the commission shall be filled as
provided in section 2.32 . A member shall not be appointed for
more than two consecutive three-year terms.
3. Members of the commission shall qualify by taking the
oath of office prescribed by law for state officers. At its
first meeting of each year, the commission shall organize by
electing a chairperson and a vice chairperson for terms of
one year. Commission members are entitled to a per diem as
specified in section 7E.6 and reimbursement for actual and
necessary expenses incurred while engaged in their official
duties, to be paid from funds appropriated to the department.
Sec. 17. Section 225C.7A, subsection 8, paragraph j, Code
2023, is amended to read as follows:
j. If the department has made its decisions but has
determined that there are otherwise qualifying requests for
incentive funds that are beyond the amount available in the
incentive fund for a fiscal year, the department shall compile
a list of such requests and the supporting information for
the requests. The list and information shall be submitted to
the commission , the children’s behavioral health system state
board, and the general assembly.
Sec. 18. Section 331.388, subsection 7, Code 2023, is
amended by striking the subsection.
Sec. 19. Section 331.397A, subsection 3, Code 2023, is
amended to read as follows:
3. Pursuant to recommendations made by the state board, the
The department of health and human services shall adopt rules
to define the services included in the core domains listed in
this section . The rules shall provide service definitions,
service provider standards, service access standards, and
service implementation dates, and shall provide consistency,
to the extent possible, with similar service definitions under
the medical assistance program.
Sec. 20. REPEAL. Sections 225C.51 and 225C.52, Code 2023,
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are repealed.
COMMISSION ON AGING
Sec. 21. Section 231.11, Code 2023, is amended to read as
follows:
231.11 Commission established.
The commission on aging is established which shall consist
of eleven seven members . One member each shall be appointed
by the president of the senate, after consultation with the
majority leader of the senate, and by the minority leader of
the senate, from the members of the senate to serve as ex
officio, nonvoting members. One member each shall be appointed
by the speaker of the house of representatives and by the
minority leader of the house of representatives, from the
members of the house of representatives to serve as ex officio,
nonvoting members. Seven members shall be appointed by the
governor subject to confirmation by the senate . Not more than
a simple majority of the governor’s appointees shall belong to
the same political party. At least four of the seven members
appointed by the governor shall be fifty-five years of age or
older when appointed.
Sec. 22. Section 231.12, Code 2023, is amended to read as
follows:
231.12 Terms.
All The members of the commission appointed by the governor
shall be appointed for terms of four years, with staggered
expiration dates. The terms of office of members appointed
by the governor shall commence and end as provided by section
69.19 . Legislative members of the commission shall serve
terms of office as provided in section 69.16B . A vacancy on
the commission shall be filled for the unexpired term of the
vacancy in the same manner as the original appointment was
made. If a legislative member ceases to be a member of the
general assembly the legislative member may continue to serve
until a successor is appointed.
Sec. 23. Section 231.13, Code 2023, is amended to read as
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follows:
231.13 Meetings —— officers.
Members of the commission shall elect from the commission’s
membership a chairperson, and other officers as commission
members deem necessary, who shall serve for a period of two
years. The commission shall meet at regular intervals at
least four times each year and may hold special meetings at
the call of the chairperson or at the request of a majority
of the commission membership. The commission shall meet at
the seat of government or such other place as the commission
may designate. Members shall be paid a per diem as specified
in section 7E.6 and shall receive reimbursement for actual
expenses for their official duties.
COMMISSION ON TOBACCO USE PREVENTION AND CONTROL
Sec. 24. Section 142A.2, Code 2023, is amended to read as
follows:
142A.2 Definitions.
As used in this chapter , unless the context otherwise
requires:
1. “Administrator” means the administrator of the division
of tobacco use prevention and control.
2. “Commission” means the commission on tobacco use
prevention and control established in this chapter .
3. 1. “Community partnership” means a public agency or
nonprofit organization implementing the tobacco use prevention
and control initiative in a local area in accordance with this
chapter .
4. 2. “Department” means the Iowa department of public
health and human services .
5. 3. “Director” means the director of public health and
human services .
6. “Division” means the division of tobacco use prevention
and control of the Iowa department of public health,
established pursuant to this chapter .
7. 4. “Initiative” means the comprehensive tobacco use
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prevention and control initiative established in this chapter .
8. 5. “Manufacturer” means manufacturer as defined in
section 453A.1 .
9. 6. “Pregnant woman” means a female of any age who is
pregnant.
10. “School-age youth” means a person attending school in
kindergarten through grade twelve.
11. 7. “Tobacco” means both cigarettes and tobacco products
as defined in section 453A.1 .
12. 8. “Youth” means a person who is five through
twenty-four years of age.
Sec. 25. Section 142A.3, Code 2023, is amended to read as
follows:
142A.3 Tobacco use prevention and control —— division ——
commission —— created .
1. The department shall establish, as a separate and
distinct division within the department, a division of tobacco
use prevention and control. The division shall develop,
implement, and administer the initiative established in this
chapter and shall perform other duties as directed by this
chapter or as assigned by the director of public health .
2. A commission on tobacco use prevention and control is
established to The department shall develop policy, provide
direction for the initiative, and perform all other duties
related to the initiative and other tobacco use prevention and
control activities as directed by this chapter or referred to
the commission by the director of public health .
3. The membership of the commission shall include the
following voting members who shall serve three-year, staggered
terms:
a. Members, at least one of whom is a member of a racial
minority, to be appointed by the governor, subject to
confirmation by the senate pursuant to sections 2.32 and 69.19 ,
and consisting of the following:
(1) Three members who are active with nonprofit health
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organizations that emphasize tobacco use prevention or who are
active as health services providers, at the local level.
(2) Three members who are active with health promotion
activities at the local level in youth education, nonprofit
services, or other activities relating to tobacco use
prevention and control.
b. Three voting members, to be selected by the participants
in the annual statewide youth summit of the initiative’s youth
program, who shall not be subject to section 69.16 or 69.16A .
However, the selection process shall provide for diversity
among the members and at least one of the youth members shall
be a female.
4. The commission shall also include the following ex
officio, nonvoting members:
a. Four members of the general assembly, with not more than
one member from each chamber being from the same political
party. The majority leader of the senate and the minority
leader of the senate shall each appoint one of the senate
members. The majority leader of the house of representatives
and the minority leader of the house of representatives shall
each appoint one of the house members.
b. The presiding officer of the statewide youth executive
body, selected by the delegates to the statewide youth summit.
5. In addition to the members of the commission, the
following agencies, organizations, and persons shall each
assign a single liaison to the commission to provide assistance
to the commission in the discharge of the commission’s duties:
a. The department of education.
b. The drug policy coordinator.
c. The department of justice, office of the attorney
general.
d. The department of human services.
6. Citizen members shall be reimbursed for actual and
necessary expenses incurred in performance of their duties.
Citizen members shall be paid a per diem as specified in
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section 7E.6 . Legislative members are eligible for per diem
and expenses as provided in section 2.10 .
7. A member of the commission who is convicted of a crime
relating to tobacco, alcohol, or controlled substances is
subject to removal from the commission.
8. A vacancy on the commission other than for the youth
members shall be filled in the same manner as the original
appointment for the balance of the unexpired term. A youth
member vacancy shall be filled by the presiding officer of the
statewide executive body as selected by the delegates to the
statewide youth summit.
9. The commission shall elect a chairperson from among its
voting members and may select other officers from among its
voting members, as determined necessary by the commission.
The commission shall meet regularly as determined by the
commission, upon the call of the chairperson, or upon the call
of a majority of the voting members.
10. The commission may designate an advisory council. The
commission shall determine the membership and representation
of the advisory council and members of the council shall serve
at the pleasure of the commission. The advisory council may
include representatives of health care provider groups, parent
groups, antitobacco advocacy programs and organizations,
research and evaluation experts, and youth organizers.
Sec. 26. Section 142A.4, Code 2023, is amended to read as
follows:
142A.4 Commission Department duties.
The commission department shall do all of the following:
1. Develop and implement the comprehensive tobacco use
prevention and control initiative as provided in this chapter .
2. Provide a forum for the discussion, development, and
recommendation of public policy alternatives in the field of
tobacco use prevention and control.
3. Develop an educational component of the initiative.
Educational efforts provided through the school system shall be
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developed in conjunction with the department of education.
4. Develop a plan for implementation of the initiative in
accordance with the purpose and intent specified in section
142A.1 .
5. Provide for technical assistance, training, and other
support under the initiative.
6. Take actions to develop and implement a statewide
system for the initiative programs that are delivered through
community partnerships.
7. Manage and coordinate the provision of funding and other
moneys available to the initiative by combining all or portions
of appropriations or other revenues as authorized by law.
8. Assist with the linkage of the initiative with child
welfare and juvenile justice decategorization projects,
education programming, early childhood Iowa areas, and other
programs and services directed to youth at the state and
community level.
9. a. Coordinate and respond to any requests from a
community partnership relating to any of the following:
(1) a. Removal of barriers to community partnership
efforts.
(2) b. Pooling and redirecting of existing federal, state,
or other public or private funds available for purposes that
are consistent with the initiative.
(3) c. Seeking of federal waivers to assist community
partnership efforts.
b. In coordinating and responding to the requests, the
commission shall work with state agencies, the governor, and
the general assembly as necessary to address requests deemed
appropriate by the commission.
10. Adopt rules pursuant to chapter 17A as necessary for the
designation, governance, and oversight of the initiative and
the implementation of this chapter . The commission department
shall provide for community partnership and youth program input
in the rules adoption process. The rules shall include but are
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not limited to all of the following:
a. Performance indicators for initiative programs, community
partnerships, and the services provided under the auspices of
community partnerships. The performance indicators shall be
developed with input from communities.
b. Minimum standards to further the provision of equal
access to services.
11. Monitor and evaluate the effectiveness of performance
measures utilized under the initiative.
12. Submit a report to the governor and the general
assembly on a periodic basis, during the initial year of
operation, and on an annual basis thereafter, regarding
the initiative, including demonstrated progress based on
performance indicators. The commission department shall report
more frequently if requested by the joint appropriations
subcommittee that makes recommendations concerning the
commission’s department’s budget. Beginning July 1, 2005, the
commission shall also perform a comprehensive review of the
initiative and shall submit a report of its findings to the
governor and the general assembly on or before December 15,
2005.
13. Represented by the chairperson of the commission,
annually appear before the joint appropriations subcommittee
that makes recommendations concerning the commission’s budget
to report on budget expenditures and division operations
relative to the prior fiscal year and the current fiscal year.
14. Advise the director in evaluating potential candidates
for the position of administrator, consult with the director
in the hiring of the administrator, and review and advise
the director on the performance of the administrator in the
discharge of the administrator’s duties.
15. 13. Prioritize funding needs and the allocation of
moneys appropriated and other resources available for the
programs and activities of the initiative.
16. 14. Review fiscal needs of the initiative and make
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recommendations to the director in the development of budget
requests.
17. 15. Solicit and accept any gift of money or property,
including any grant of money, services, or property from the
federal government, the state, a political subdivision, or
a private source that is consistent with the goals of the
initiative. The commission department shall adopt rules
prohibiting the acceptance of gifts from a manufacturer of
tobacco products.
18. 16. Advise and make recommendations to the governor,
the general assembly, and the director, and the administrator,
relative to tobacco use, treatment, intervention, prevention,
control, and education programs in the state.
19. 17. Evaluate the work of the division and the
department relating to the initiative. For this purpose,
the commission department shall have access to any relevant
department records and documents, and other information
reasonably obtainable by the department.
20. 18. Develop the structure for the statewide youth
summit to be held annually.
21. 19. Approve the content of any materials distributed
by the youth program pursuant to section 142A.9 , prior to
distribution of the materials.
Sec. 27. Section 142A.5, Code 2023, is amended to read as
follows:
142A.5 Director and administrator duties.
1. The director shall do all of the following:
a. Establish and maintain the division of tobacco use
prevention and control.
b. Employ a separate division administrator, in accordance
with the requirements of section 142A.4, subsection 14 , in a
full-time equivalent position whose sole responsibility and
duty shall be the administration and oversight of the division.
The division administrator shall report to and shall serve
at the pleasure of the director. The administrator shall
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be exempt from the merit system provisions of chapter 8A,
subchapter IV .
c. 1. Coordinate all tobacco use prevention and control
programs and activities under the purview of the department.
d. Receive and review budget recommendations from the
commission. The director shall consider these recommendations
in developing the budget request for the department.
2. The administrator shall do all of the following:
a. 2. Implement the initiative , coordinate the activities
of the commission and the initiative, and coordinate with other
tobacco use prevention and control activities as assigned by
the director .
b. 3. Monitor and evaluate the effectiveness of performance
measures.
c. Provide staff and administrative support to the
commission.
d. 4. Administer contracts entered into under this chapter .
e. 5. Coordinate and cooperate with other tobacco use
prevention and control programs within and outside of the
state.
f. Provide necessary information to the commission to
assist the commission in making its annual report to the
joint appropriations subcommittee pursuant to section 142A.4,
subsection 13 , and in fulfilling other commission duties
pursuant to section 142A.4 .
Sec. 28. Section 142A.6, subsections 1, 4, and 5, Code 2023,
are amended to read as follows:
1. A comprehensive tobacco use prevention and control
initiative is established. The division department shall
implement the initiative as provided in this chapter .
4. The division department shall implement the initiative
in a manner that ensures that youth are extensively involved
in the decision making for the programs implemented under
the initiative. The initiative shall also involve parents,
schools, and community members in activities to achieve the
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results desired for the initiative. The division department
shall encourage collaboration at the state and local levels
to maximize available resources and to provide flexibility to
support community efforts.
5. Procurement of goods and services necessary to implement
the initiative is subject to approval of the commission
department . Notwithstanding chapter 8A, subchapter III , or any
other provision of law to the contrary, such procurement may
be accomplished by the commission under its own competitive
bidding process which shall provide for consideration of
such factors as price, bidder competence, and expediency in
procurement.
Sec. 29. Section 142A.8, subsections 2 and 3, Code 2023, are
amended to read as follows:
2. A community partnership area shall encompass a county
or multicounty area, school district or multischool district
area, economic development enterprise zone that meets the
requirements of an urban or rural enterprise community under
Tit. XIII of the federal Omnibus Budget Reconciliation Act of
1993, or early childhood Iowa area, in accordance with criteria
adopted by the commission department for appropriate population
levels and size of geographic areas.
3. The commission department shall adopt rules pursuant to
chapter 17A providing procedures for the initial designation
of community partnership areas and for subsequent changes to
the initially designated areas.
Sec. 30. Section 142A.10, Code 2023, is amended to read as
follows:
142A.10 Funding of programs delivered through community
partnerships.
1. The commission department shall develop and implement a
statewide system for the initiative programs that are delivered
through community partnerships.
2. The system shall provide for equitable allocation of
funding for initiative programs among the state’s community
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partnership areas, based upon school-age population and other
criteria established by the commission department .
3. The specific programs, distribution provisions, and
other provisions approved by the commission department for
expenditure of the maximum allocation amount established for
a community partnership area shall be outlined in the written
contract with the community partnership.
4. Any allocation received by a community partnership
shall be matched with local funding, in-kind services, office
support, or other tangible support or offset of costs.
DEPENDENT ADULT PROTECTIVE ADVISORY COUNCIL
Sec. 31. Section 235B.1, subsection 4, Code 2023, is amended
to read as follows:
4. a. The establishment of a dependent adult protective
advisory council. The advisory council shall do all of the
following:
(1) Advise the director of health and human services,
the director of the department on aging, the director of
inspections and appeals, the director of public health, and the
director of the department of corrections , and the director of
human rights regarding dependent adult abuse.
(2) Evaluate state law and rules and make recommendations
to the general assembly and to executive branch departments
regarding laws and rules concerning dependent adults.
(3) Receive and review recommendations and complaints from
the public, health care facilities, and health care programs
concerning the dependent adult abuse services program.
b. (1) The advisory council shall consist of twelve nine
members . Eight members who shall be appointed by and serve at
the pleasure of the governor. Four of the members appointed
shall be appointed on the basis of knowledge and skill related
to expertise in the area of dependent adult abuse including
professionals practicing in the disciplines of medicine, public
health, mental health, long-term care, social work, law,
and law enforcement. Two of the members appointed shall be
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members of the general public with an interest in the area of
dependent adult abuse and two of the members appointed shall
be members of the Iowa caregivers association. In addition,
the membership of the council shall include the director or the
director’s designee of the department of human services, the
department on aging, the Iowa department of public health, and
the department of inspections and appeals.
(2) The members of the advisory council shall be appointed
to terms of four years beginning May 1. Appointments shall
comply with sections 69.16 and 69.16A . Vacancies shall be
filled in the same manner as the original appointment.
(3) Members shall receive actual expenses incurred while
serving in their official capacity.
(4) (3) The advisory council shall select a chairperson,
annually, from its membership.
DOMESTIC ABUSE DEATH REVIEW TEAM
Sec. 32. Section 135.109, subsection 7, Code 2023, is
amended by striking the subsection.
Sec. 33. Section 135.110, subsection 5, Code 2023, is
amended by striking the subsection.
EARLY CHILDHOOD IOWA STATE BOARD
Sec. 34. Section 256I.3, Code 2023, is amended to read as
follows:
256I.3 Early childhood Iowa state board created.
1. The early childhood Iowa state board is created to
promote a vision for a comprehensive early care, education,
health, and human services system in this state. The board
shall oversee state and local efforts. The vision shall be
achieved through strategic planning, funding identification,
guidance, and decision-making authority to assure collaboration
among state and local early care, education, health, and human
services systems.
2. a. The board shall consist of twenty-one thirteen voting
members with fifteen nine citizen members and six four state
agency members. The six four state agency members shall be
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the directors or their designees of the following agencies:
economic development authority, education, human rights, health
and human services, public health, and workforce development.
The designees of state agency directors shall be selected on
an annual basis. The citizen members shall be appointed by
the governor , subject to confirmation by the senate . The
governor’s appointments of citizen members shall be made in
a manner so that each of the state’s congressional districts
is represented by at least two citizen members and so that
all the appointments as a whole reflect the ethnic, cultural,
social, and economic diversity of the state. A member of the
state board shall not be a provider of services or other entity
receiving funding through the early childhood Iowa initiative
or be employed by such a provider or other entity.
b. The governor’s appointees shall be selected from
individuals nominated by area boards. The nominations shall
reflect the range of interests represented on the area boards
so that the governor is able to appoint one or more members
each for early care, education, health, human services,
business, faith, and public interests. At least one of the
citizen members shall be a service consumer or the parent of a
service consumer. The term of office of the citizen members
is three years. A citizen member vacancy on the board shall be
filled in the same manner as the original appointment for the
balance of the unexpired term.
3. In addition to the voting members, the state board shall
include four members of the general assembly with not more than
one member from each chamber being from the same political
party. The two senators shall be appointed one each by the
majority leader of the senate and by the minority leader of
the senate. The two representatives shall be appointed one
each by the speaker of the house of representatives and by the
minority leader of the house of representatives. Legislative
members shall serve in an ex officio, nonvoting capacity. A
legislative member is eligible for per diem and expenses as
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provided in section 2.10 .
4. 3. The state board shall elect a chairperson from among
the citizen members and may select other officers from the
voting members as determined to be necessary by the board. The
board shall meet regularly as determined by the board, upon the
call of the board’s chairperson, or upon the call of a majority
of voting members. The board shall meet at least no more than
quarterly.
HAWKI PROGRAM AND BOARD —— MEDICAL ASSISTANCE ADVISORY COUNCIL
Sec. 35. Section 249A.4B, subsection 1, Code 2023, is
amended to read as follows:
1. A medical assistance advisory council is created to
comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
the federal Social Security Act and to advise the director
about health and medical care services under the medical
assistance program. The council shall also serve as an
advisory council to the Hawki program pursuant to chapter
514I to the extent necessary to comply with federal law. The
council shall meet no more than quarterly. The director of
director’s designee responsible for public health or their
designee and a public member of the council selected by the
public members of the council shall serve as co-chairpersons
of the council.
Sec. 36. Section 249A.4B, subsection 2, paragraph b,
subparagraph (6), Code 2023, is amended by striking the
subparagraph.
Sec. 37. Section 249A.4B, subsections 4 and 7, Code 2023,
are amended to read as follows:
4. Based upon the deliberations of the council, the council
shall make recommendations to the director regarding the
budget, policy, and administration of the medical assistance
program and regarding the Hawki program as necessary to comply
with federal law .
7. The director shall consider the recommendations offered
by the council in the director’s preparation of medical
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assistance and Hawki program budget recommendations to the
council on human services pursuant to section 217.3 and
in implementation of medical assistance and Hawki program
policies.
Sec. 38. Section 249A.4B, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 39. Section 514I.1, subsection 2, Code 2023, is amended
to read as follows:
2. It is the intent of the general assembly that the program
be implemented and administered in compliance with Tit. XXI
of the federal Social Security Act. If, as a condition of
receiving federal funds for the program, federal law requires
implementation and administration of the program in a manner
not provided in this chapter , during a period when the general
assembly is not in session, the department , with the approval
of the hawk-i board, shall proceed to implement and administer
those provisions, subject to review by the next regular session
of the general assembly.
Sec. 40. Section 514I.2, subsection 6, Code 2023, is amended
by striking the subsection.
Sec. 41. Section 514I.4, Code 2023, is amended to read as
follows:
514I.4 Director and department —— duties —— powers.
1. The director , with the approval of the hawk-i board,
shall implement this chapter . The director shall do all of the
following:
a. At least every six months, evaluate the scope of the
program currently being provided under this chapter , project
the probable cost of continuing the program, and compare
the probable cost with the remaining balance of the state
appropriation made for payment of assistance under this chapter
during the current appropriation period. The director shall
report the findings of the evaluation to the board and shall
annually report findings of the evaluation to the governor and
the general assembly by January 1.
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b. Establish premiums to be paid to participating insurers
for provision of health insurance coverage.
c. Contract with participating insurers to provide health
insurance coverage under this chapter .
d. Recommend to the board proposed rules necessary to
implement the program.
e. Recommend to the board individuals to serve as members of
the clinical advisory committee.
2. a. The director , with the approval of the board, may
contract with participating insurers to provide dental-only
services.
b. The director , with the approval of the board,
may contract with participating insurers to provide the
supplemental dental-only coverage to otherwise eligible
children who have private health care coverage as specified in
the federal Children’s Health Insurance Program Reauthorization
Act of 2009, Pub. L. No. 111-3.
3. The department may enter into contracts with other
persons whereby the other person provides some or all of the
functions, pursuant to rules adopted by the board department ,
which are required of the director or the department under this
section . All contracts entered into pursuant to this section
shall be made available to the public.
4. The department shall do or shall provide for all of the
following:
a. Determine eligibility for program enrollment as
prescribed by federal law and regulation, using policies and
procedures adopted by rule of the department pursuant to
chapter 17A . The department shall not enroll a child who has
group health coverage unless expressly authorized by such
rules.
b. Enroll qualifying children in the program with
maintenance of a supporting eligibility file or database.
c. Utilize the department’s eligibility system to maintain
eligibility files with pertinent eligibility determination and
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ongoing enrollment information including but not limited to
data regarding beneficiaries, enrollment dates, disenrollments,
and annual financial redeterminations.
d. Provide for administrative oversight and monitoring of
federal requirements.
e. Perform annual financial reviews of eligibility for each
beneficiary.
f. Collect and track monthly family premiums to assure that
payments are current.
g. Notify each participating insurer of new program
enrollees who are enrolled by the department in that
participating insurer’s plan.
h. Verify the number of program enrollees with each
participating insurer for determination of the amount of
premiums to be paid to each participating insurer.
i. Maintain data for the purpose of quality assurance
reports as required by rule of the board .
j. (1) Establish the family cost sharing amounts for
children of families with incomes of one hundred fifty percent
or more but not exceeding two hundred percent of the federal
poverty level, of not less than ten dollars per individual
and twenty dollars per family, if not otherwise prohibited by
federal law , with the approval of the board .
(2) Establish for children of families with incomes
exceeding two hundred percent but not exceeding three hundred
percent of the federal poverty level, family cost sharing
amounts, and graduated premiums based on a rationally developed
sliding fee schedule, in accordance with federal law , with the
approval of the board .
k. Perform annual, random reviews of enrollee applications
to ensure compliance with program eligibility and enrollment
policies. Quality assurance reports shall be made to the board
compiled based upon the data maintained by the department.
l. Perform other duties as determined by the board director .
Sec. 42. Section 514I.6, subsection 4, paragraph d, Code
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2023, is amended to read as follows:
d. Other information as directed by the board department .
Sec. 43. Section 514I.6, subsection 5, Code 2023, is amended
to read as follows:
5. Submit a plan for a health improvement program to the
department , for approval by the board .
Sec. 44. Section 514I.8, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. Is not currently covered under a group health plan as
defined in 42 U.S.C. §300gg-91(a)(1) unless allowed by rule of
the board department .
Sec. 45. Section 514I.8, subsection 3, Code 2023, is amended
to read as follows:
3. In accordance with the rules adopted by the board
department , a child may be determined to be presumptively
eligible for the program pending a final eligibility
determination. Following final determination of eligibility,
a child shall be eligible for a twelve-month period. At the
end of the twelve-month period, a review of the circumstances
of the child’s family shall be conducted to establish
eligibility and cost sharing for the subsequent twelve-month
period. Pending such review of the circumstances of the
child’s family, the child shall continue to be eligible for
and remain enrolled in the same plan if the family complies
with requirements to provide information and verification of
income, otherwise cooperates in the annual review process,
and submits the completed review form and any information
necessary to establish continued eligibility in a timely manner
in accordance with administrative rules.
Sec. 46. Section 514I.9, subsection 1, Code 2023, is amended
to read as follows:
1. The hawk-i board department shall review the benefits
package annually and shall determine additions to or deletions
from the benefits package offered. The hawk-i board department
shall submit the recommendations to the general assembly for
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any amendment to the benefits package.
Sec. 47. REPEAL. Section 514.5, Code 2023, is repealed.
INTERAGENCY COORDINATING COUNCIL —— REPEAL
Sec. 48. REPEAL. Section 691.6B, Code 2023, is repealed.
IOWA CHILD DEATH REVIEW TEAM
Sec. 49. Section 135.43, subsection 2, paragraphs m and n,
Code 2023, are amended by striking the paragraphs.
LEADERSHIP COUNCIL FOR CHILD CARE TRAINING AND DEVELOPMENT ——
REPEAL
Sec. 50. REPEAL. Section 237A.23, Code 2023, is repealed.
EARLY HEARING DETECTION AND INTERVENTION ADVISORY COMMITTEE
Sec. 51. EARLY HEARING DETECTION AND INTERVENTION ADVISORY
COMMITTEE. The department of health and human services
shall adopt rules pursuant to chapter 17A to provide that the
membership of the early hearing detection and intervention
advisory committee shall be limited to no more than thirteen
members, and that the committee shall meet no more than two
times per year.
MATERNAL AND CHILD HEALTH ADVISORY COUNCIL
Sec. 52. MATERNAL AND CHILD HEALTH ADVISORY COUNCIL. The
department of health and human services shall adopt rules
pursuant to chapter 17A to provide that the membership of the
maternal and child health advisory council be limited to a
total of no more than fifteen members, which shall not include
discretionary members or members of the general assembly, and
that the council shall meet not more than four times per year.
COUNCIL ON HEALTH AND HUMAN SERVICES
Sec. 53. Section 217.4, Code 2023, is amended to read as
follows:
217.4 Meetings of council.
The council shall meet at least monthly every other month .
Additional meetings shall be called by the chairperson or
upon written request of any three council members thereof
as necessary to carry out the duties of the council. The
chairperson shall preside at all meetings or in the absence
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of the chairperson the vice chairperson shall preside. The
members of the council shall be paid a per diem as specified in
section 7E.6 and their reasonable and necessary expenses.
PER DIEM AND REIMBURSEMENT
Sec. 54. PER DIEM AND REIMBURSEMENT. Beginning July 1,
2023, notwithstanding any provision to the contrary, members
of the following entities shall not be entitled to a per diem
as specified in section 7E.6 or reimbursement for actual and
necessary expenses incurred while engaged in their official
duties:
1. The center for congenital and inherited disorders
advisory committee established in section 136A.3A.
2. The mental health and disability services commission
created in section 225C.5.
3. The commission on aging established in section 231.11.
4. The dependent adult abuse protective advisory council
created in section 235B.1.
5. The Iowa domestic abuse death review team created in
section 135.110.
6. The early childhood Iowa state board created in section
256I.3.
7. The Iowa child death review team established in section
135.43.
8. The early hearing detection and intervention advisory
committee.
9. The maternal and child health advisory council.
10. The council on health and human services created in
section 217.2.
11. The medical assistance advisory council created in
section 249A.4B.
12. The advisory committee for perinatal guidelines
established pursuant to chapter 135 and 641 IAC 150.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
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This bill relates to bodies of the state governmental
structure under the purview of the department of health and
human services (HHS).
The bill amends provisions relating to the legislative
health policy oversight committee to provide that the committee
may meet annually. Currently, the committee is required
to meet at least two times annually during the legislative
interim.
The bill requires that any statutory board, commission,
committee, or council under the purview of HHS shall provide
hybrid meeting, teleconference participation, virtual meeting,
and remote participation options for members to participate in
official meetings.
The bill eliminates the advisory council on brain injuries.
The bill amends provisions relating to the congenital and
inherited disorders advisory committee. The bill provides
that the advisory committee is established solely to assist
in designating the conditions to be included in the newborn
screening and in regularly evaluating the effectiveness and
appropriateness of the newborn screening. The bill limits the
voting membership to 15 voting members, and authorizes the
advisory committee to meet at least once per year. The bill
directs HHS to adopt administrative rules to ensure that the
duties of the council do not include those relating to genetic
and genomic health care services including special projects and
conferences.
The bill eliminates the child care advisory committee and
includes the duties of the former committee in the duties of
the early childhood stakeholders alliance under Code chapter
256I (early childhood Iowa initiative).
The bill eliminates the children’s behavioral health system
state board and amends the membership of the mental health and
disability services commission.
The bill amends the membership of the commission on aging by
reducing the number of members from 11 to 7 and by eliminating
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commission members who are members of the general assembly.
The bill eliminates the commission on tobacco use prevention
and control and transfers the duties of the commission to the
department or director of HHS.
The bill amends the membership of the dependent adult
protective advisory committee by reducing the membership from
12 to 9 members.
The bill amends provisions relating to the Iowa domestic
abuse death review team by eliminating authorization for the
team to establish committees or panels to which to assign the
team’s responsibilities and by eliminating authorization for
payment of member actual and necessary expenses.
The bill amends provisions relating to the early childhood
Iowa state board by reducing the membership of the board
from 21 to 13 voting members, appointed by the governor but
not subject to confirmation by the senate. The bill also
eliminates members of the general assembly from membership on
the board.
The bill eliminates the Hawki board and requires the medical
assistance advisory council to also serve as the advisory
council to the Hawki program to the extent necessary to comply
with federal law.
The bill eliminates the interagency coordinating council;
eliminates certain membership positions on the Iowa child death
review team; repeals the leadership council for child care
training and development; directs HHS to adopt administrative
rules to provide that the membership of the early hearing
detection and intervention advisory committee is limited to
no more than 13 members and shall meet no more than two times
annually; and directs HHS to adopt administrative rules to
provide that the membership of the maternal and child health
advisory council is limited to no more than 15 members, which
shall not include discretionary members or members of the
general assembly, and that the council shall meet no more than
four times annually.
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The bill limits the meetings of the council on health and
human services to at least every other month rather than at
least monthly.
The bill eliminates language that specifically provides for
per diem or reimbursement for actual and necessary expenses
incurred while members of certain councils, committees, or
other bodies are engaged in their official duties. The bill
also provides that beginning July 1, 2023, the councils,
committees, and other bodies specified, most of which are
included in the bill, shall not be entitled to per diem or
reimbursement for actual and necessary expenses incurred while
engaged in official duties.
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