Senate
File
117
-
Introduced
SENATE
FILE
117
BY
HATCH
and
BOLKCOM
A
BILL
FOR
An
Act
relating
to
health
care
and
policy,
and
health
care
1
infrastructure
and
integration
of
public
and
private
2
programs,
and
related
matters,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
HEALTH
CARE
INFRASTRUCTURE
——
2
DIVISION
OF
HEALTH
POLICY
3
Section
1.
Section
135.61,
subsection
17,
Code
2011,
is
4
amended
by
striking
the
subsection.
5
Sec.
2.
Section
135.61,
subsection
21,
Code
2011,
is
amended
6
to
read
as
follows:
7
21.
“Outpatient
surgical
facility”
means
a
medical
facility
8
which
as
its
primary
function
provides,
through
an
organized
9
medical
staff
and
on
an
outpatient
basis
to
patients
who
are
10
generally
ambulatory,
that
provides
surgical
procedures
not
11
ordinarily
performed
in
a
private
physician’s
office,
but
12
not
requiring
twenty-four
hour
hospitalization,
and
which
is
13
neither
a
part
of
a
hospital
nor
the
private
office
of
a
health
14
care
provider
who
there
engages
in
the
lawful
practice
of
15
surgery
in
at
least
one
dedicated,
fully
equipped
operating
16
room
to
patients
who
are
admitted
to
and
discharged
from
the
17
facility
within
the
same
day,
that
meets
staffing
and
equipment
18
requirements
necessary
to
ensure
patient
safety
and
quality
19
care
.
“Outpatient
surgical
facility”
includes
a
facility
20
certified
or
seeking
certification
as
an
ambulatory
surgical
21
center
,
under
the
federal
Medicare
program
or
under
the
medical
22
assistance
program
established
pursuant
to
chapter
249A
.
23
Sec.
3.
Section
135.63,
subsection
1,
Code
2011,
is
amended
24
to
read
as
follows:
25
1.
A
new
institutional
health
service
or
changed
26
institutional
health
service
shall
not
be
offered
or
developed
27
in
this
state
without
prior
application
to
the
department
28
for
and
receipt
of
a
certificate
of
need,
pursuant
to
this
29
division
.
The
application
shall
be
made
upon
forms
furnished
30
or
prescribed
by
the
department
and
shall
contain
such
31
information
as
the
department
may
require
under
this
division
.
32
The
application
shall
be
accompanied
by
a
fee
equivalent
33
to
three-tenths
of
one
percent
of
the
anticipated
cost
of
34
the
project
with
a
minimum
fee
of
six
hundred
dollars
and
a
35
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maximum
fee
of
twenty-one
thousand
dollars.
The
fee
shall
1
be
remitted
retained
by
the
department
to
the
treasurer
of
2
state,
who
shall
place
it
in
the
general
fund
of
the
state
3
for
administration
and
fulfillment
of
the
duties
of
the
4
division
.
Revenues
retained
by
the
division
under
this
5
section
shall
be
considered
repayment
receipts
as
defined
in
6
section
8.2.
Notwithstanding
section
8.33,
moneys
retained
7
by
the
department
pursuant
to
this
section
are
not
subject
to
8
reversion
to
the
general
fund
of
the
state.
If
an
application
9
is
voluntarily
withdrawn
within
thirty
calendar
days
after
10
submission,
seventy-five
percent
of
the
application
fee
shall
11
be
refunded;
if
the
application
is
voluntarily
withdrawn
more
12
than
thirty
but
within
sixty
days
after
submission,
fifty
13
percent
of
the
application
fee
shall
be
refunded;
if
the
14
application
is
withdrawn
voluntarily
more
than
sixty
days
15
after
submission,
twenty-five
percent
of
the
application
fee
16
shall
be
refunded.
Notwithstanding
the
required
payment
of
an
17
application
fee
under
this
subsection
,
an
applicant
for
a
new
18
institutional
health
service
or
a
changed
institutional
health
19
service
offered
or
developed
by
an
intermediate
care
facility
20
for
persons
with
mental
retardation
or
an
intermediate
care
21
facility
for
persons
with
mental
illness
as
defined
pursuant
to
22
section
135C.1
is
exempt
from
payment
of
the
application
fee.
23
Sec.
4.
Section
135.63,
subsection
2,
paragraph
l,
Code
24
2011,
is
amended
by
striking
the
paragraph.
25
Sec.
5.
Section
135.63,
subsection
2,
paragraphs
n
and
o,
26
Code
2011,
are
amended
to
read
as
follows:
27
n.
Hospice
services
provided
by
a
hospital
,
notwithstanding
28
any
provision
in
this
division
to
the
contrary.
29
o.
The
change
in
ownership
,
licensure,
or
organizational
30
structure
,
or
designation
of
the
type
of
institutional
health
31
facility
if
the
health
services
offered
by
the
successor
32
institutional
health
facility
are
unchanged.
This
exclusion
is
33
applicable
only
if
the
institutional
health
facility
consents
34
to
the
change
in
ownership
,
licensure,
or
organizational
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structure
,
or
designation
of
the
type
of
institutional
health
1
facility
and
ceases
offering
the
health
services
simultaneously
2
with
the
initiation
of
the
offering
of
health
services
by
the
3
successor
institutional
health
facility.
4
Sec.
6.
Section
135.163,
Code
2011,
is
amended
to
read
as
5
follows:
6
135.163
Health
and
long-term
care
access
Division
of
health
7
policy
.
8
1.
The
A
division
of
health
policy
is
created
in
the
9
department
shall
coordinate
to
integrate
public
and
private
10
efforts
to
develop
in
formulating
and
implementing
a
state
11
health
policy
agenda
to
accomplish
all
of
the
following:
12
a.
Develop
and
maintain
an
appropriate
health
care
delivery
13
infrastructure
and
a
stable,
well-qualified,
diverse,
and
14
sustainable
health
care
workforce
in
this
state.
The
health
15
care
delivery
infrastructure
and
the
health
care
workforce
16
shall
address
the
broad
spectrum
of
health
care
needs
of
Iowans
17
throughout
their
lifespan
including
long-term
care
needs.
18
b.
Establish
a
methodology
and
process
to
achieve
cultural
19
transformation
that
emphasizes
health
and
wellness
by
removing
20
barriers
across
the
spectrum
of
personal,
professional,
and
21
community
constructs
to
empower
individual
behavioral
and
22
systemic
change.
23
c.
Provide
for
the
collection,
analysis,
and
use
of
cost
24
and
quality
data
to
inform
decisions
by
individual
consumers,
25
businesses,
and
policymakers
in
determining
the
most
effective
26
and
efficient
use
of
resources
in
arriving
at
economically
27
sustainable
health
care
outcomes.
28
2.
The
division
administrator
shall
be
a
health
economist.
29
The
administrator
may
utilize
existing
councils
and
workgroups
30
as
necessary
and
shall
establish
a
technical
advisory
31
council
to
assist
in
the
development
of
policy
priorities
32
and
the
strategic
plan
described
in
subsection
3.
The
33
technical
advisory
council
shall
include
but
is
not
limited
to
34
representatives
of
the
university
of
Iowa
college
of
public
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health
and
the
university
of
Iowa
public
policy
center,
health
1
planners,
health
care
consumers,
health
care
purchasers,
state
2
and
local
agencies
that
regulate
entities
involved
in
health
3
care,
health
care
providers,
and
health
care
facilities.
4
3.
The
department
health
policy
division
shall,
at
a
5
minimum,
do
all
of
the
following:
6
1.
a.
Develop
a
strategic
plan
for
health
care
delivery
7
infrastructure
and
health
care
workforce
resources
in
this
8
state
in
accordance
with
section
135.164
.
The
division
shall
9
act
as
an
ongoing
resource
to
the
health
facilities
council
in
10
evaluating
and
updating
the
certificate
of
need
program.
11
2.
b.
Provide
for
the
continuous
collection
of
data
to
12
provide
a
basis
for
health
care
strategic
planning
and
health
13
care
policymaking
decision
making
by
individual
consumers,
14
businesses,
and
policymakers
.
15
3.
Make
recommendations
regarding
the
health
care
delivery
16
infrastructure
and
the
health
care
workforce
that
assist
17
in
monitoring
current
needs,
predicting
future
trends,
and
18
informing
policymaking.
19
c.
Develop
and
implement
a
blueprint
to
make
Iowa
one
of
the
20
healthiest
states
by
the
year
2014.
21
Sec.
7.
Section
135.164,
Code
2011,
is
amended
to
read
as
22
follows:
23
135.164
Strategic
plan.
24
1.
Development
of
a
strategic
plan.
The
division
25
shall
develop
a
strategic
plan
for
health
care
delivery
26
infrastructure
and
health
care
workforce
resources
.
The
27
strategic
plan
shall
describe
the
existing
health
care
system,
28
describe
and
provide
a
rationale
for
the
desired
health
29
care
system,
provide
an
action
plan
for
implementation
of
30
changes
necessary
to
achieve
the
desired
health
care
system
,
31
and
provide
methods
to
evaluate
the
system.
The
plan
shall
32
incorporate
expenditure
control
methods
and
integrate
criteria
33
for
evidence-based
health
care.
The
department
division
shall
34
do
all
of
the
following
in
developing
the
strategic
plan
for
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health
care
delivery
infrastructure
and
health
care
workforce
1
resources
:
2
a.
Conduct
strategic
health
planning
activities
related
to
3
preparation
of
the
strategic
plan.
4
b.
Develop
a
computerized
system
for
accessing,
analyzing,
5
and
disseminating
data
relevant
to
strategic
health
planning.
6
The
department
division
may
enter
into
data
sharing
agreements
7
and
contractual
arrangements
necessary
to
obtain
or
disseminate
8
relevant
data.
9
c.
Conduct
research
and
analysis
or
arrange
for
research
10
and
analysis
projects
to
be
conducted
by
public
or
private
11
organizations
to
further
the
development
of
the
strategic
plan.
12
d.
Establish
a
technical
advisory
committee
to
assist
in
13
the
development
of
the
strategic
plan.
The
members
of
the
14
committee
may
include
but
are
not
limited
to
health
economists,
15
representatives
of
the
university
of
Iowa
college
of
public
16
health,
health
planners,
representatives
of
health
care
17
purchasers,
representatives
of
state
and
local
agencies
that
18
regulate
entities
involved
in
health
care,
representatives
19
of
health
care
providers
and
health
care
facilities,
and
20
consumers.
21
2.
Guiding
principles.
The
strategic
plan
shall
include
22
statewide
health
planning
policies
and
goals
related
to
the
23
availability
of
health
care
facilities
and
services,
the
24
availability
of
appropriate
health
care
workforce
resources,
25
health
and
wellness
promotion,
the
quality
of
care,
and
the
26
cost
of
care.
The
policies
and
goals
shall
be
based
on
the
27
following
principles:
28
a.
That
a
strategic
health
planning
process,
responsive
to
29
changing
health
and
social
needs
and
conditions,
is
essential
30
to
the
health,
safety,
and
welfare
of
Iowans.
The
process
31
shall
be
reviewed
and
updated
as
necessary
to
ensure
that
the
32
strategic
plan
addresses
all
of
the
following:
33
(1)
Promoting
and
maintaining
the
health
of
all
Iowans.
34
(2)
Providing
accessible
health
care
services
through
the
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maintenance
of
an
adequate
appropriate
and
sustainable
supply
1
of
health
facilities
and
an
adequate
a
competent
workforce
2
reserve
.
3
(3)
Controlling
excessive
increases
in
costs.
4
(4)
Applying
specific
quality
criteria
and
population
5
health
indicators.
6
(5)
Recognizing
prevention
and
wellness
as
priorities
in
7
health
care
programs
to
improve
quality
and
reduce
costs
and
8
promoting
prevention
and
wellness
across
all
sectors
to
improve
9
individual
well-being
and
health
outcomes,
while
reducing
human
10
and
financial
costs
.
11
(6)
Addressing
periodic
priority
issues
including
disaster
12
planning,
public
health
threats,
and
public
safety
dilemmas.
13
(7)
Coordinating
health
care
delivery
and
resource
14
development
efforts
among
state
agencies
including
those
tasked
15
with
facility,
services,
and
professional
provider
licensure;
16
state
and
federal
reimbursement;
health
service
utilization
17
data
systems;
and
others.
18
(8)
Recognizing
long-term
care
as
an
integral
component
of
19
the
health
care
delivery
infrastructure
and
as
an
essential
20
service
provided
by
the
health
care
workforce.
21
b.
That
both
consumers
and
providers
throughout
the
state
22
must
be
involved
in
the
health
planning
process,
outcomes
of
23
which
shall
be
clearly
articulated
and
available
for
public
24
review
and
use.
25
c.
That
the
supply
of
a
health
care
service
has
a
26
substantial
impact
on
utilization
of
the
service,
independent
27
of
the
effectiveness,
medical
necessity,
or
appropriateness
of
28
the
particular
health
care
service
for
a
particular
individual.
29
d.
That
given
that
health
care
resources
are
not
unlimited,
30
the
impact
of
any
new
health
care
service
or
facility
on
31
overall
health
expenditures
in
this
state
must
be
considered.
32
e.
That
excess
capacity
of
health
care
services
and
33
facilities
places
an
increased
economic
burden
on
the
public.
34
f.
That
the
likelihood
that
a
requested
new
health
care
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facility,
service,
or
equipment
will
improve
health
care
1
quality
and
outcomes
must
be
considered.
2
g.
That
development
and
ongoing
maintenance
of
current
and
3
accurate
health
care
information
and
statistics
related
to
cost
4
and
quality
of
health
care
and
projections
of
the
need
for
5
health
care
facilities
and
services
are
necessary
to
developing
6
an
effective
health
care
planning
strategy.
7
h.
That
the
certificate
of
need
program
as
a
component
8
of
the
health
care
planning
regulatory
process
must
balance
9
considerations
of
access
to
quality
care
at
a
reasonable
10
cost
for
all
Iowans,
optimal
use
of
existing
health
care
11
resources,
fostering
of
expenditure
control,
and
elimination
of
12
unnecessary
duplication
of
health
care
facilities
and
services,
13
while
supporting
improved
health
care
outcomes.
14
i.
That
strategic
health
care
planning
must
be
concerned
15
with
the
stability
of
the
health
care
system,
encompassing
16
health
care
financing,
quality,
and
the
availability
of
17
information
and
services
for
all
residents.
18
3.
Components
of
the
strategic
plan.
The
health
care
19
delivery
infrastructure
and
health
care
workforce
resources
20
strategic
plan
developed
by
the
department
division
shall
21
include
all
of
the
following:
22
a.
Assessment
and
objectives.
A
health
care
system
23
assessment
and
objectives
component
that
does
all
of
the
24
following:
25
(1)
Describes
state
and
regional
population
demographics,
26
health
status
indicators,
and
trends
in
health
status
and
27
health
care
needs.
28
(2)
Identifies
key
policy
objectives
for
the
state
health
29
care
system
related
to
access
to
care,
health
care
outcomes,
30
quality,
and
cost-effectiveness.
31
b.
Certificate
of
need
determinations.
A
health
care
32
facilities
and
services
plan
that
assesses
the
demand
for
33
health
care
facilities
and
services
to
inform
state
health
care
34
planning
efforts
and
direct
certificate
of
need
determinations
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for
those
facilities
and
services
subject
to
certificate
of
1
need.
The
plan
shall
include
all
of
the
following:
2
(1)
An
inventory
of
each
geographic
region’s
existing
3
health
care
facilities
and
services.
4
(2)
Projections
of
the
need
for
each
category
of
health
care
5
facility
and
service,
including
those
subject
to
certificate
6
of
need.
7
(3)
Policies
to
guide
the
addition
of
new
or
expanded
health
8
care
facilities
and
services
to
promote
the
use
of
quality,
9
evidence-based,
cost-effective
health
care
delivery
options,
10
including
any
recommendations
for
criteria,
standards,
and
11
methods
relevant
to
the
certificate
of
need
review
process.
12
(4)
An
assessment
of
the
availability
of
health
13
care
providers,
public
health
resources,
transportation
14
infrastructure,
and
other
considerations
necessary
to
support
15
the
needed
health
care
facilities
and
services
in
each
region
.
16
(5)
An
analysis
of
and
recommended
revisions
to
division
VI
17
of
this
chapter
to
direct
certificate
of
need
determinations
in
18
a
manner
that
reflects
the
statewide
health
planning
policies
19
and
goals
specified
in
subsection
2.
The
analysis
shall
20
specifically
address
inclusions
in
and
exclusions
from
the
21
certificate
of
need
process
and
whether
the
exclusions
comport
22
with
the
policies
and
goals
specified
in
subsection
2.
23
c.
Data
resources.
A
health
care
data
resources
plan
that
24
identifies
data
elements
necessary
to
properly
conduct
planning
25
activities
and
to
review
certificate
of
need
applications,
26
including
data
related
to
inpatient
and
outpatient
utilization
27
and
outcomes
information,
and
financial
and
utilization
28
information
related
to
charity
care,
quality,
and
cost.
The
29
plan
shall
provide
all
of
the
following:
30
(1)
An
inventory
of
existing
data
resources,
both
public
31
and
private,
that
store
and
disclose
information
relevant
32
to
the
health
care
planning
process,
including
information
33
necessary
to
conduct
certificate
of
need
activities.
The
plan
34
shall
identify
any
deficiencies
in
the
inventory
of
existing
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data
resources
and
the
data
necessary
to
conduct
comprehensive
1
health
care
planning
activities.
The
plan
may
recommend
that
2
the
department
division
be
authorized
to
access
existing
data
3
sources
and
conduct
appropriate
analyses
of
such
data
or
4
that
other
agencies
expand
their
data
collection
activities
5
as
statutory
authority
permits.
The
plan
may
identify
any
6
computing
information
technology
infrastructure
deficiencies
7
that
impede
the
proper
storage,
transmission,
and
analysis
of
8
health
care
planning
data.
9
(2)
Recommendations
for
increasing
the
availability
of
data
10
related
to
health
care
planning
to
provide
greater
community
11
involvement
in
the
health
care
planning
process
and
consistency
12
in
data
used
for
certificate
of
need
applications
and
13
determinations.
The
plan
shall
also
integrate
the
requirements
14
for
annual
reports
by
hospitals
and
health
care
facilities
15
pursuant
to
section
135.75
,
the
provisions
relating
to
analyses
16
and
studies
by
the
department
pursuant
to
section
135.76
,
17
the
data
compilation
provisions
of
section
135.78
,
and
the
18
provisions
for
contracts
for
assistance
with
analyses,
studies,
19
and
data
pursuant
to
section
135.83
.
20
d.
All-payer
claims
database
plan.
A
plan
to
establish
21
an
all-payer
claims
database
to
provide
for
the
collection
22
and
analysis
of
claims
data
from
multiple
payers
of
health
23
care.
The
plan
shall
establish
the
goals
of
the
database
24
which
may
include
but
are
not
limited
to
determining
health
25
care
utilization
patterns
and
rates;
identifying
gaps
in
26
prevention
and
health
promotion
services;
evaluating
access
to
27
care;
assisting
with
benefit
design
and
planning;
analyzing
28
statewide
and
local
health
care
expenditures
by
provider,
29
employer,
and
geography;
informing
the
development
of
payment
30
systems
for
providers;
and
establishing
clinical
guidelines
31
related
to
quality,
safety,
and
continuity
of
care.
The
plan
32
shall
identify
a
standard
means
of
data
collection,
statutory
33
changes
necessary
to
the
collection
and
use
of
the
data,
and
34
the
types
of
claims
for
which
collection
of
data
is
required
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which
may
include
but
are
not
limited
to
eligibility
data;
1
provider
information;
medical
data;
private
and
public
medical,
2
pharmacy,
and
dental
claims
data;
and
other
appropriate
data.
3
The
plan
shall
also
include
an
implementation
and
maintenance
4
schedule
including
a
proposed
budget
and
funding
plan
and
5
vision
for
the
future.
6
d.
e.
Evaluation
of
trends.
An
assessment
of
emerging
7
trends
in
health
care
delivery
and
technology
as
they
relate
to
8
access
to
health
care
facilities
and
services,
quality
of
care,
9
and
costs
of
care.
The
assessment
shall
recommend
any
changes
10
to
the
scope
of
health
care
facilities
and
services
covered
by
11
the
certificate
of
need
program
that
may
be
warranted
by
these
12
emerging
trends.
In
addition,
the
assessment
may
recommend
13
any
changes
to
criteria
used
by
the
department
to
review
14
certificate
of
need
applications,
as
necessary.
15
e.
f.
Rural
health
care
resources
plan.
A
rural
health
care
16
resources
plan
to
assess
the
availability
of
health
resources
17
in
rural
areas
of
the
state,
assess
the
unmet
needs
of
these
18
communities,
and
evaluate
how
federal
and
state
reimbursement
19
policies
can
be
modified,
if
necessary,
to
more
efficiently
and
20
effectively
meet
the
health
care
needs
of
rural
communities.
21
The
plan
shall
consider
the
unique
health
care
needs
of
rural
22
communities,
the
adequacy
of
the
rural
health
care
workforce,
23
and
transportation
needs
for
accessing
appropriate
care.
24
f.
g.
Workforce
resources
plan.
A
health
care
workforce
25
resources
plan
to
assure
a
competent,
diverse,
and
sustainable
26
health
care
workforce
in
Iowa
and
to
improve
access
to
health
27
care
in
underserved
areas
and
among
underserved
populations.
28
The
plan
shall
include
the
establishment
of
an
advisory
council
29
to
inform
and
advise
the
department
and
policymakers
regarding
30
issues
relevant
to
the
health
care
workforce
in
Iowa.
The
31
health
care
workforce
resources
plan
shall
recognize
long-term
32
care
as
an
essential
service
provided
by
the
health
care
33
workforce.
34
h.
Provider
payment
system
plan.
The
provider
payment
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system
plan
to
provide
recommendations
to
reform
the
health
1
care
provider
payment
system
as
an
effective
way
to
promote
2
coordination
of
care,
lower
costs,
and
improve
quality.
The
3
plan
shall
analyze
and
make
recommendations
regarding
but
not
4
limited
to
accountable
care
organizations,
a
global
payment
5
system,
or
an
episode
of
care
payment
system.
6
i.
Blueprint
for
a
healthy
Iowa.
A
blueprint
for
a
7
healthy
Iowa
to
provide
a
methodology
and
process
for
cultural
8
transformation
that
emphasizes
health
and
wellness
by
removing
9
barriers
across
the
spectrum
of
personal,
professional,
and
10
community
constructs
to
empower
individual
behavioral
and
11
systemic
change.
The
blueprint
shall
provide
for
coordination
12
of
existing
public
and
private
health
and
wellness
initiatives
13
and
shall
include
recommendations
for
replication
of
health
and
14
wellness
initiatives
for
which
evidence-based
success
has
been
15
demonstrated.
16
j.
Long-term
living
plan.
A
long-term
living
plan
that
17
reflects
the
intent
specified
in
section
231F.1
in
a
manner
18
that
most
effectively
and
efficiently
meets
the
needs
of
19
Iowa’s
population.
The
plan
may
include
recommendations
20
for
modification
of
requirements
for
certificate
of
need
21
determinations,
health
care
workforce
requirements,
and
funding
22
to
promote
the
specified
intent.
23
4.
The
department
shall
submit
the
initial
statewide
health
24
care
delivery
infrastructure
and
resources
strategic
plan
to
25
the
governor
and
the
general
assembly
by
January
1,
2010,
and
26
shall
submit
an
updated
strategic
plan
to
the
governor
and
the
27
general
assembly
every
two
years
thereafter.
28
4.
The
division
shall
develop
a
timeline
for
completion
29
and
submission
of
the
various
components
of
the
strategic
plan
30
to
the
governor
and
the
general
assembly
and
shall
submit
the
31
proposed
timeline
to
the
governor
and
the
general
assembly
32
by
October
1,
2011.
The
components
relating
to
certificate
33
of
need
determinations,
the
all-payer
claims
database,
and
34
the
provider
payment
system
shall
be
completed
and
submitted
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to
the
governor
and
the
general
assembly
by
October
1,
2011.
1
The
division
may
contract
with
public
or
private
entities
to
2
provide
impartial,
evidence-based
research
and
analysis
in
3
developing
these
components
of
the
strategic
plan.
4
Sec.
8.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
5
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
6
enactment.
7
DIVISION
II
8
MEDICATION
THERAPY
MANAGEMENT
9
Sec.
9.
NEW
SECTION
.
8A.440
Medication
therapy
management.
10
1.
As
used
in
this
section,
unless
the
context
otherwise
11
requires:
12
a.
“Eligible
employee”
means
an
employee
of
the
state
13
including
an
employee
of
the
state
board
of
regents
or
14
institutions
under
the
state
board
of
regents
for
whom
group
15
health
plans
are
established
pursuant
to
chapter
509A
providing
16
for
third-party
payment
or
prepayment
for
health
or
medical
17
expenses,
and
employees
of
a
governmental
subdivision
for
whom
18
the
governmental
subdivision
provides
for
third-party
payment
19
or
prepayment
for
health
or
medical
expenses.
20
b.
“Medication
therapy
management”
means
a
systematic
21
process
performed
by
a
licensed
pharmacist,
designed
to
22
optimize
therapeutic
outcomes
through
improved
medication
use
23
and
reduced
risk
of
adverse
drug
events,
including
all
of
the
24
following
services:
25
(1)
A
medication
therapy
review
and
in-person
consultation
26
relating
to
all
medications,
vitamins,
and
herbal
supplements
27
currently
being
taken
by
an
eligible
individual.
28
(2)
A
medication
action
plan,
subject
to
the
limitations
29
specified
in
this
section,
communicated
to
the
individual
and
30
the
individual’s
primary
care
physician
or
other
appropriate
31
prescriber
to
address
safety
issues,
inconsistencies,
32
duplicative
therapy,
omissions,
and
medication
costs.
The
33
medication
action
plan
may
include
recommendations
to
the
34
prescriber
for
changes
in
drug
therapy.
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(3)
Documentation
and
follow-up
to
ensure
consistent
levels
1
of
pharmacy
services
and
positive
outcomes.
2
2.
a.
The
department
shall
continue
to
contract
for
3
the
provision
of
medication
therapy
management
services
for
4
eligible
employees
as
initially
required
pursuant
to
2010
Iowa
5
Acts,
chapter
1193,
section
166,
and
shall
amend
the
contract
6
to
include,
beginning
July
1,
2011,
eligible
employees
who
7
are
employees
of
the
state
board
of
regents
and
institutions
8
under
the
state
board
of
regents
and
employees
of
governmental
9
subdivisions,
at
the
election
of
the
governmental
subdivision,
10
who
meet
any
of
the
following
criteria:
11
(1)
An
individual
who
takes
four
or
more
prescription
drugs
12
to
treat
or
prevent
two
or
more
chronic
medical
conditions.
13
(2)
An
individual
with
a
prescription
drug
therapy
problem
14
who
is
identified
by
the
prescribing
physician
or
other
15
appropriate
prescriber,
and
referred
to
a
pharmacist
for
16
medication
therapy
management
services.
17
(3)
An
individual
who
meets
other
criteria
established
by
18
the
third-party
payment
provider
contract,
policy,
or
plan.
19
b.
The
department
shall
utilize
an
advisory
committee
20
comprised
of
an
equal
number
of
physicians
and
pharmacists
21
to
provide
advice
and
oversight
regarding
the
contract
and
22
evaluation
processes.
The
department
shall
appoint
the
members
23
of
the
advisory
committee
from
designees
of
the
Iowa
pharmacy
24
association,
the
Iowa
medical
society,
and
the
Iowa
osteopathic
25
medical
association.
26
c.
The
contract
shall
require
the
company
to
provide
annual
27
reports
to
the
general
assembly
detailing
the
costs,
savings,
28
estimated
cost
avoidance
and
return
on
investment,
and
patient
29
outcomes
related
to
the
medication
therapy
management
services
30
provided.
The
company
shall
guarantee
demonstrated
annual
31
savings,
including
any
savings
associated
with
cost
avoidance
32
at
least
equal
to
the
program’s
costs
with
any
shortfall
amount
33
refunded
to
the
state.
The
department
and
the
company
shall
34
agree
on
the
terms,
conditions,
and
applicable
measurement
35
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standards
associated
with
the
demonstration
of
savings.
The
1
department
shall
verify
that
the
demonstrated
savings
reported
2
by
the
company
were
attained
in
accordance
with
the
agreed
upon
3
measurement
standards.
The
company
shall
be
prohibited
from
4
using
the
company’s
employees
to
provide
the
medication
therapy
5
management
services
and
shall
instead
be
required
to
contract
6
with
licensed
pharmacies,
pharmacists,
or
physicians.
7
d.
The
fees
for
pharmacist-delivered
medication
therapy
8
management
services
shall
be
separate
from
the
reimbursement
9
for
prescription
drug
product
or
dispensing
services;
shall
10
be
determined
by
each
third-party
payment
provider
contract,
11
policy,
or
plan;
and
must
be
reasonable
based
on
the
resources
12
and
time
required
to
provide
the
service.
13
e.
A
fee
shall
be
established
for
physician
reimbursement
14
for
services
delivered
for
medication
therapy
management
as
15
determined
by
each
third-party
payment
provider
contract,
16
policy,
or
plan,
and
must
be
reasonable
based
on
the
resources
17
and
time
required
to
provide
the
service.
18
f.
If
any
part
of
the
medication
therapy
management
19
plan
developed
by
a
pharmacist
incorporates
services
which
20
are
outside
the
pharmacist’s
independent
scope
of
practice
21
including
the
initiation
of
therapy,
modification
of
dosages,
22
therapeutic
interchange,
or
changes
in
drug
therapy,
the
23
express
authorization
of
the
individual’s
physician
or
other
24
appropriate
prescriber
is
required.
25
Sec.
10.
REPEAL.
2010
Iowa
Acts,
chapter
1193,
section
166,
26
is
repealed.
27
Sec.
11.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
28
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
29
enactment.
30
DIVISION
III
31
DIRECTIVES
FOR
INTEGRATION
OF
PUBLIC
AND
PRIVATE
PROGRAMS
32
Sec.
12.
PLAN
FOR
SEAMLESS
PUBLIC
AND
PRIVATE
PROGRAM
33
INTEGRATION
IN
IOWA
HEALTH
BENEFIT
EXCHANGE.
The
department
34
of
human
services,
division
of
insurance
of
the
department
of
35
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commerce,
department
of
public
health,
department
of
revenue,
1
department
of
workforce
development,
and
other
appropriate
2
agencies,
shall
develop
a
plan
to
meet
the
requirements
of
the
3
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
4
No.
111-148,
relating
to
a
health
benefit
exchange.
The
plan
5
shall
address
issues
relating
to
eligibility
determinations
6
for
Medicaid,
hawk-i,
and
tax
credit
subsidies;
information
7
technology
and
process
reengineering;
necessary
policy,
8
statutory,
and
regulatory
changes;
financing;
and
tools
9
and
strategies
necessary
for
implementation.
The
plan
10
shall
provide
for
integration
and
seamless
operation
of
the
11
eligibility
system,
which
shall
be
housed
within
the
department
12
of
human
services,
with
the
Iowa
health
benefit
exchange,
if
13
created.
The
departments
shall
submit
a
joint
plan
to
the
14
joint
appropriations
subcommittee
on
health
and
human
services
15
by
October
15,
2011.
16
Sec.
13.
BENCHMARK
PLAN
DEVELOPMENT
——
ANALYSIS
OF
17
INCLUSION
OF
BEHAVIORAL
HEALTH
BENEFITS.
The
department
of
18
human
services
shall
analyze
how
the
inclusion
of
behavioral
19
health
benefits
in
a
benchmark
plan
developed
under
the
20
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
No.
21
111-148,
would
impact
the
delivery
and
financing
of
behavioral
22
health
services
in
the
state.
The
department
shall
report
its
23
findings
to
the
joint
appropriations
subcommittee
on
health
and
24
human
services
no
later
than
October
15,
2011.
25
Sec.
14.
FEDERAL
FUNDING
OPPORTUNITIES.
The
department
26
of
human
services,
department
of
public
health,
division
of
27
insurance
of
the
department
of
commerce,
and
other
affected
28
state
agencies
shall
pursue
all
federal
funding
opportunities
29
under
the
federal
Patient
Protection
and
Affordable
Care
Act,
30
Pub.
L.
No.
111-148,
including
but
not
limited
to
funding
31
relating
to
implementation
funding
for
the
health
benefit
32
exchange
and
eligibility
system
planning
and
implementation.
33
The
departments
shall
coordinate
efforts
to
the
maximum
extent
34
possible
and
shall
report
their
activities
on
a
monthly
basis
35
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18
S.F.
117
to
the
joint
appropriations
subcommittee
on
health
and
human
1
services.
2
Sec.
15.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
3
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
4
enactment.
5
EXPLANATION
6
This
bill
relates
to
health
care
and
health
policy.
7
Division
I
of
the
bill
relates
to
health
care
infrastructure
8
and
creates
a
division
of
health
policy
within
the
department
9
of
public
health
(DPH).
The
bill
amends
certificate
of
10
need
exclusions
relating
to
outpatient
surgical
facilities,
11
hospitals,
and
nursing
facilities.
The
bill
also
provides
for
12
retention
of
certificate
of
need
fees
by
the
department
for
13
administration
of
the
program.
Current
law
directs
DPH
to
14
coordinate
public
and
private
efforts
to
develop
and
maintain
15
an
appropriate
health
care
infrastructure
and
workforce.
16
Current
law
also
directs
DPH
to
develop
a
strategic
plan
to
17
address
various
components
of
the
health
care
infrastructure
18
and
workforce.
Current
law
directs
DPH
to
utilize
a
technical
19
advisory
committee
to
assist
in
the
development
of
the
20
strategic
plan.
21
Under
the
bill,
the
division
of
health
policy
is
created
22
in
DPH
to
fulfill
the
duties
of
the
department
in
integrating
23
public
and
private
efforts
in
formulating
and
implementing
24
a
state
health
policy
agenda
that
addresses
the
health
care
25
infrastructure
and
workforce,
cultural
transformation
to
26
emphasize
health
and
wellness
across
all
sectors,
and
the
27
collection,
analysis,
and
use
of
cost
and
quality
data.
The
28
bill
provides
that
the
administrator
of
the
division
is
to
29
be
a
health
economist
and
directs
the
division
to
establish
30
a
technical
advisory
council
to
assist
the
division
in
31
development
of
policy
priorities
and
the
strategic
plan.
32
The
bill
specifies
the
duties
of
the
division
relating
33
to
development
of
a
strategic
plan,
collection
of
data,
and
34
development
of
a
blueprint
to
make
Iowa
one
of
the
healthiest
35
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18
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117
states
by
the
year
2014.
1
The
bill
specifies
the
components
of
the
strategic
plan
2
including
the
addressing
of
a
health
care
system
assessment
and
3
objectives;
certificate
of
need
determinations;
data
resources;
4
an
all-payer
claims
database;
evaluation
of
trends;
rural
5
health
care
resources;
workforce
resources;
a
provider
payment
6
system;
a
blueprint
for
a
healthy
Iowa;
and
long-term
living.
7
The
bill
directs
the
division
of
health
policy
to
develop
8
a
timeline
for
completion
and
submission
of
the
components
of
9
the
strategic
plan
to
the
governor
and
the
general
assembly.
10
The
bill
directs
the
division
to
complete
and
submit
the
11
components
relating
to
certificate
of
need
determinations,
the
12
all-payer
claims
database,
and
the
provider
payment
system
to
13
the
governor
and
the
general
assembly
by
October
1,
2011.
The
14
bill
authorizes
the
division
to
contract
with
public
or
private
15
entities
to
provide
impartial,
evidence-based
research
and
16
analysis
in
developing
the
components
of
the
strategic
plan.
17
Division
I
takes
effect
upon
enactment.
18
Division
II
of
the
bill
relates
to
medication
therapy
19
management.
The
bill
directs
that
the
pilot
program
for
20
medication
therapy
management
implemented
on
July
1,
2010,
for
21
eligible
state
employees
is
to
be
expanded
and
the
contract
for
22
the
program
amended
to
include
employees
of
the
state
board
of
23
regents
or
institutions
under
the
state
board
of
regents
and
24
employees
of
governmental
subdivisions
at
the
election
of
the
25
governmental
subdivision.
The
bill
repeals
the
pilot
program
26
and
codifies
the
newly
expanded
program.
Division
II
takes
27
effect
upon
enactment.
28
Division
III
of
the
bill
provides
directives
to
state
29
departments
relative
to
provisions
in
the
federal
Patient
30
Protection
and
Affordability
Act.
31
Division
III
directs
the
department
of
human
services,
32
division
of
insurance,
department
of
public
health,
33
department
of
revenue,
department
of
workforce
development,
34
and
other
appropriate
agencies,
to
develop
a
plan
to
meet
35
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18
S.F.
117
the
requirements
of
the
federal
Act
relating
to
a
health
1
benefit
exchange.
The
plan
is
to
address
issues
relating
to
2
eligibility
determinations
for
Medicaid,
hawk-i,
and
tax
credit
3
subsidies;
information
technology
and
process
reengineering;
4
necessary
policy,
statutory,
and
regulatory
changes;
financing;
5
and
tools
and
strategies
necessary
for
implementation.
The
6
plan
is
to
provide
for
integration
and
seamless
operation
7
of
the
eligibility
system,
which
shall
be
housed
within
the
8
department
of
human
services,
with
the
Iowa
health
benefit
9
exchange,
if
created.
10
Division
III
directs
the
department
of
human
services
to
11
analyze
how
the
inclusion
of
behavioral
health
benefits
in
12
a
benchmark
plan
under
the
federal
Patient
Protection
and
13
Affordable
Care
Act
would
impact
the
delivery
and
financing
of
14
behavioral
health
services
in
the
state.
The
department
is
to
15
report
its
findings
to
the
joint
appropriations
subcommittee
on
16
health
and
human
services
no
later
than
October
15,
2011.
17
Division
III
also
directs
the
department
of
human
services,
18
department
of
public
health,
division
of
insurance,
and
19
other
affected
state
agencies
to
pursue
all
federal
funding
20
opportunities
under
the
federal
Act
including
but
not
21
limited
to
funding
relating
to
implementation
funding
for
the
22
health
benefit
exchange
and
eligibility
system
planning
and
23
implementation.
The
bill
directs
the
departments
to
coordinate
24
efforts
to
the
maximum
extent
possible
and
to
report
their
25
activities
on
a
monthly
basis
to
the
joint
appropriations
26
subcommittee
on
health
and
human
services.
27
Division
III
takes
effect
upon
enactment.
28
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18