SF 302 (LSB 1854XS (5) 86)

SENATE FILE 302

BY  JOHNSON and HART

A BILL FOR

An Act relating to the prevention of disabilities policy council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  225B.101  Findings and intent.
   1.  The general assembly finds that:
   a.  Between ten and twenty percent of Iowans have a disability that affects their ability to learn, work, communicate, perform activities of daily living, and participate in everyday community life. These disabilities are the result of genetics, environmental factors, injury, or illness; may occur at any point in life; may be mild, severe, or intermittent; and are often very costly for the individuals affected, their families, and government both in terms of quality of life and financial expenditures.
   b.  Most disabilities are due to conditions that can be prevented, can be minimized if recognized and treated early, or can be reduced through appropriate accommodation.
   c.  A need exists to optimize the use of cost-effective prevention of disability strategies in state policies and programs in order to reduce the cost of disabilities to Iowa’s citizens and government.
   2.  It is the intent of the general assembly to establish a structure and process to identify opportunities to enhance prevention of disability efforts in Iowa, design cross-agency strategies to address the prevention of disabilities, integrate and coordinate proven prevention of disability strategies within state programs, and inform the general assembly about priority prevention of disability policies and programs.
    Sec. 2.  NEW SECTION.  225B.102  Definitions.

   As used in this chapter, unless the context otherwise requires:

   1.  “Council” means the prevention of disabilities policy council.
   2.  “Disability” means an individual who meets the definition in 42 U.S.C. §12102.
   3.  “Prevention” activities include policies, programs, and practices that do any of the following:
   a.  Prevent a disability or a condition that leads to a disability from occurring.
   b.  Identify a disability or a condition that leads to a disability early on so that intervention can eliminate the risk of a disability or minimize the disability’s effect.
   c.  Reduce the effects of a disability on an individual’s health and independence.
    Sec. 3.  NEW SECTION.  225B.103  Prevention of disabilities policy council established —— membership —— duties. 
   1.  A prevention of disabilities policy council is established to focus state prevention of disability efforts and provide oversight in the development and operation of a coordinated prevention of disabilities system. The council shall consist of the following members:
   a.  Three providers of disability prevention services appointed by the governor and confirmed by the senate. The governor may consider recommendations from the prevention of disabilities policy council in making appointments.
   b.  Three persons with expertise in priority prevention areas appointed by the governor and confirmed by the senate. The governor may consider recommendations from the prevention of disabilities policy council in making appointments.
   c.  Three persons with disabilities or family members of a person with disabilities appointed by the governor, and confirmed by the senate. The governor may consider recommendations from the prevention of disabilities policy council in making appointments.
   d.  One representative each from the department on aging, department of education, department of human services, and department of public health appointed by the directors of the respective agencies.
   e.  Two members of the senate appointed by the senate majority leader and minority leader and two members of the house of representatives appointed by the speaker of the house and the house minority leader.
   2.  Members of the council appointed by the governor shall serve three-year staggered terms for terms beginning and ending as provided in section 69.19. Members representing the state departments shall serve one-year terms and shall serve as ex officio, nonvoting members. Members of the general assembly appointed to the council shall serve two-year terms as provided in section 69.16B and shall serve as ex officio, nonvoting members. Vacancies on the council shall be filled in the same manner as original appointments. Members are entitled to reimbursement of actual expenses incurred in performance of their official duties.
   3.  The council shall do all of the following: 
   a.  Review the prevention of disabilities activities of public and private entities and provide recommendations to optimize the planning, implementation, and evaluation of prevention of disabilities efforts.
   b.  Promote cooperative and complementary planning among the public, nonpublic, and volunteer sectors involved in prevention of disabilities activities.
   c.  Facilitate coordination of prevention of disabilities activities among state departments to develop an integrated system of care.
   d.  Provide support and technical assistance to public or nonpublic entities to identify, seek, implement, and evaluate state, federal, and private grants for prevention of disabilities activities.
   e.  Encourage research into the causes and prevention of disabilities, including methods to evaluate the effectiveness of prevention efforts.
   f.  Promote professional and provider training in evidence-based prevention of disabilities measures and assure adequate dissemination of such to appropriate entities.
   g.  Submit to the governor and general assembly annually by November 1 a report that includes all of the following:
   (1)  A summary of all disabilities prevention activities conducted since the preceding annual report.
   (2)  Recommendations for policy and priorities for the prevention of disabilities.
   4.  The council shall meet at least six times during the year. A majority of the members of the council constitutes a quorum and a quorum is necessary to act on matters within the purview of the council.
    Sec. 4.  NEW SECTION.  225B.104  Rules.

   The department of human services shall adopt and update administrative rules as necessary to implement the provisions of this chapter. All rules adopted by the department of human services pursuant to this section are subject to approval by the council.
    Sec. 5.  NEW SECTION.  225B.105  Coordination with state agencies.
   1.  The directors or deputy directors of the state departments on aging, and of education, human services, and public health shall meet at least annually with the council and shall do all of the following:
   a.  Provide an update to the council regarding the status of prevention of disabilities policies and programs with each respective department and provide recommendations about priorities the council should consider in the next year.
   b.  Receive new policy and program recommendations from the council regarding the prevention of disabilities.
   2.  The council may seek and receive data from state departments that will aid in developing, implementing, and evaluating prevention of disabilities efforts and systems in Iowa.
    Sec. 6.  NEW SECTION.  225B.106  Coordination with disability groups.

   The chairpersons and designated staff of chairpersons of public and private state disabilities prevention groups shall meet with the council at least annually to do all of the following:

   1.  Identify ways to incorporate prevention of disabilities activities within Iowa’s disabilities services system.
   2.  Assist in developing a policy agenda for prevention of disabilities services system improvements.
    Sec. 7.  NEW SECTION.  225B.107  Evaluation.

   The state’s prevention of disability effort and the council are subject to review and evaluation by the governor and the general assembly.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the prevention of disabilities policy council.
   In 1991, the general assembly established the prevention of disabilities council (council) in Code chapter 225B. The council was created to establish a system to coordinate prevention of disability activities among state departments and to assist the governor and the general assembly in determining priorities and establishing policies for the prevention of disabilities.
   The bill amends provisions in Code chapter 225B relating to prevention activities of the council, council membership, duties, and coordination efforts with state agencies and disability groups, and related definitions.
   The bill defines prevention activities of the council to include policies, programs, and practices that prevent a disability or a condition that leads to a disability from occurring; that identify a disability or a condition that leads to a disability early on so that the intervention can eliminate the risk of a disability or minimize the disability’s effect; or that reduce the effects of a disability on an individual’s health and independence. The bill amends the definition of a disability to be the same as the federal definition under the federal Americans with Disabilities Act (42 U.S.C. section 12102).
   The bill provides that the council replaces the current Iowa developmental disabilities council, to be abolished by law July 1, 2015, in providing recommendations for individual appointments of voting members to the council and council membership is expanded to include ex officio representatives from the department on aging, and the departments of education, public health, and human services.
   The duties of the council are expanded to include reviewing the prevention of disabilities activities of public and private entities and providing recommendations to optimize the planning, implementation, and evaluation of prevention of disabilities efforts; promoting cooperative and complementary planning among the public, nonpublic, and volunteer sectors involved in prevention of disabilities activities; facilitating coordination of prevention of disabilities activities among state departments to develop an integrated system of care; providing support and technical assistance to public or nonpublic entities to identify, seek, implement, and evaluate state, federal, and private grants for prevention of disabilities activities; encouraging research into the causes and prevention of disabilities, including methods to evaluate the effectiveness of prevention efforts; and promoting professional and provider training in evidence-based prevention of disabilities measures and assure adequate dissemination of such to appropriate entities.
   The bill provides that the directors or deputy directors of the state department on aging, and the departments of education, human services, and public health shall meet at least annually with the council to provide updates to the council regarding the status of prevention of disabilities policies and receive new policy and program recommendations from the council regarding the prevention of disabilities. Chairpersons and staff of public and private state disability groups are encouraged to meet with the council annually to identify ways to incorporate prevention of disabilities activities within Iowa’s disabilities services system and to assist in developing a policy agenda for prevention of disabilities system improvements.
   The bill directs the department of human services to adopt rules to implement the bill, subject to council approval.