SF 2098 (LSB 5439ST (7) 88)

SENATE FILE 2098

BY  GIDDENS, MATHIS, JOCHUM, CELSI, LYKAM, WAHLS, KINNEY, DOTZLER, R. TAYLOR, BISIGNANO, T. TAYLOR, J. SMITH, HOGG, QUIRMBACH, BOLKCOM, PETERSEN, RAGAN, and BOULTON

A BILL FOR

An Act relating to the direct care workforce including the creation of a direct care worker database, inclusion of direct care workers in state skilled workforce programs, and the establishment of a direct care worker tuition grant program and a direct care worker tuition tax credit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
CENTRALIZED DIRECT CARE WORKFORCE DATABASE

    Section 1.  CENTRALIZED DIRECT CARE WORKFORCE DATABASE —— STAKEHOLDER WORKGROUP —— IMPLEMENTATION PLAN.
   1.  The department of inspections and appeals shall convene a workgroup of stakeholders to develop a plan to implement a centralized direct care workforce database as an expansion of the Iowa direct care worker registry currently located within the department of inspections and appeals. The purposes of the database are:
   a.  To enable data-driven decision-making by providing a means for collecting data and analyzing emerging trends relating to the state’s direct care workforce in all settings; identifying, at a minimum, the current number of direct care workers in Iowa, the diversity in the direct care workforce, and the employment settings utilized; and addressing the growing demand for the direct care workforce.
   b.  To provide portability across employment settings and populations served of the permanent record of trainings, certifications, credentials, continuing education, and experience of direct care workers by maintaining such records in a central and secure location.
   c.  To improve the opportunity for consumers to engage direct care workers with the training, skills, and availability appropriate to their own situations.
   d.  To reduce the costs associated with repetitive training resulting from training portability.
   e.  To increase public protection by streamlining the process to enable completion of required background checks in a timely and efficient manner. 
   f.  To accelerate the onboarding of newly employed direct care workers and direct care workers transitioning into new employment opportunities.
   2.  The members of the stakeholder workgroup shall include one representative of the department of education, Iowa workforce development, the department on aging, the department of public health, the department of human services, the department of public safety, division of criminal investigation, the Iowa caregivers, AARP Iowa, the Iowa center for nursing workforce, everystep care and support services, the brain injury alliance of Iowa, the national alliance on mental illness-Iowa, leadingage Iowa, the Iowa association of community providers, united way of central Iowa-central Iowa works, the Iowa health care association, a rural community college and an urban community college, a public health entity, the Iowa hospital association, and the university of Iowa college of public health midwestern public health training center. Additionally, the task force shall include two direct care workers who have graduated from the Iowa caregivers toughest job you’ll ever love leadership program and two consumers. 
   3.  The stakeholder workgroup shall do all of the following:
   a.  Review historical reports of efforts and recommendations generated by previous state-led and federally funded initiatives for consideration in informing future planning, and assess whether the previous recommendations align with future needs. 
   b.  Review prior efforts including the results of the Iowa better jobs better care program demonstration and the AMANDA portal developed through the federal personal and home care aide state training (PHCAST) grant to determine if these technologies could be brought to scale or implemented to save costs and resources in implementing the database.
   c.  Investigate initiatives by the centers for Medicare and Medicaid services of the United States department of health and human services relating to nurse aid registries. 
   d.  Solicit input from stakeholders on the type of data to be collected and the types of analyses to be performed in building and retaining the high-demand direct care workforce.
   e.  Identify critical database system content and functionality including but not limited to all of the following:
   (1)  A direct care worker’s verified education and training records, credentials, certifications, and experience.
   (2)  A means to include existing qualified direct care workers in the database through a phased-in grandfathering process.
   (3)  An option for access to the database by employers and consumers through a public portal to assist in identifying direct care workers with particular knowledge and skills.
   (4)  Demographic and other information to assist in workforce data collection and analysis.
   (5)  Accurate supply and demand projections regarding the entirety of the direct care workforce.
   f.  Recommend strategies to provide state-recognized, competency-based, comprehensive, cross-setting, portable training approaches, including the prepare to care curriculum and the mental health first aid curriculum, apprenticeships, and other existing and new opportunities in order to provide a recognized career path for, increase professionalism in, and improve retention by, employers of the direct care workforce.
   g.  Explore state, federal, and other public sources of funding and review the status of prior investments in modifications to expand the Iowa direct care worker registry.
   h.  Solicit feedback from the public including through the lifelong smiles coalition, united ways of Iowa, the university of Iowa colleges of nursing and dentistry, Iowa state university, the older Iowans legislature, the Olmstead consumer task force, the Iowa assisted living association, the Iowa public health association, the Iowa association of business and industry, the Iowa developmental disabilities council, local boards of health, county supervisors, and other persons deemed appropriate by the workgroup. 
   4.  The stakeholder workgroup shall convene no later than September 1, 2020, and shall submit a phased-in implementation plan and recommendations to the governor and the general assembly by June 30, 2021.
DIVISION II
SKILLED WORKFORCE PROGRAMS —— HIGH-DEMAND JOB DESIGNATION —— DIRECT CARE WORKERS

    Sec. 2.  DEPARTMENT OF WORKFORCE DEVELOPMENT —— HIGH-DEMAND JOB DESIGNATION —— DIRECT CARE WORKERS.  Notwithstanding any provision to the contrary, the workforce development board, pursuant to section 84A.1B, subsection 14, shall add to the list of high-demand jobs statewide, the job of direct care worker, for the purposes of the future ready Iowa registered apprenticeship development program created in section 15C.1, the summer youth intern pilot program established under section 84A.12, the Iowa employer innovation program established under section 84A.13, the future ready Iowa skilled workforce last-dollar scholarship program established under section 261.131, the future ready Iowa skilled workforce grant program established under section 261.132, and postsecondary summer classes for high school students as provided under section 261E.8, subsection 8. For the purposes of this section, “direct care worker” means a home health aide, nursing assistant, or personal care aide as identified by the United States department of labor, bureau of labor statistics.
DIVISION III
DIRECT CARE WORKER TUITION GRANT PROGRAM

    Sec. 3.  NEW SECTION.  261.133  Direct care worker tuition grant program.
   1.  For the purposes of this section, “direct care worker” means a home health aide, nursing assistant, or personal care aide as identified by the United States department of labor, bureau of labor statistics.
   2.  A direct care worker tuition grant may be awarded to any resident of Iowa who is admitted and in attendance as a full-time or part-time student in a direct care worker career program to pursue an associate’s degree or other training at a community college in the state, and who establishes financial need. 
   3.  The amount of a direct care worker tuition grant shall not exceed the lesser of one-half of a student’s tuition and fees for an approved direct care worker career program or the amount of the student’s established financial need.
   4.  All classes identified by the community college as required for completion of the student’s approved direct care worker program shall be considered a part of the student’s direct care worker program for the purpose of determining the student’s eligibility for a grant. Notwithstanding subsection 4, if a student is making satisfactory academic progress but the student cannot complete a direct care worker program in the time frame allowed for a student to receive a tuition grant as provided in subsection 4 because additional classes are required to complete the program, the student may continue to receive a tuition grant for not more than one additional enrollment period.
   5.  a.  A qualified full-time student may receive tuition grants for not more than four semesters or the trimester or quarter equivalent of two full years of study. A qualified part-time student enrolled in a course of study including at least three semester hours but fewer than twelve semester hours or the trimester or quarter equivalent may receive tuition grants for not more than eight semesters or the trimester or quarter equivalent of two full years of full-time study.
   b.  However, if a student resumes study after at least a two-year absence, the student may again be eligible for the specified amount of time, except that the student shall not receive assistance for courses for which credit was previously received.
   6.  A direct care worker tuition grant shall be awarded on an annual basis, requiring reapplication by the student for each year. Payments under the grant shall be allocated equally among the semesters or quarters of the year upon certification by the community college that the student is in full-time or part-time attendance in a direct care worker program consistent with the requirements of this section. If the student discontinues attendance before the end of any term after receiving payment of the grant, the entire amount of any refund due that student, up to the amount of any payments made under the annual grant, shall be paid by the community college to the state.
   7.  If a student receives financial aid under any other program, the full amount of that financial aid shall be considered part of the student’s financial resources available in determining the amount of the student’s financial need for that period.
   8.  The college student aid commission shall administer this program and shall:
   a.  Provide application forms for distribution to students by Iowa high schools and community colleges.
   b.  Adopt rules for approving direct care worker programs; determining financial need; defining residence for the purposes of this section; processing and approving applications for grants; and determining priority for grants.
   c.  Approve and award grants on an annual basis.
   d.  Make an annual report to the governor and general assembly, including the number of students receiving assistance.
   9.  Each applicant, in accordance with the rules established by the commission, shall:
   a.  Complete and file an application for a direct care worker tuition grant.
   b.  Be responsible for the submission of the financial information required for evaluation of the applicant’s need for a grant, on forms determined by the commission.
   c.  Report promptly to the college student aid commission any information requested.
   d.  Submit a new application for reevaluation of the applicant’s eligibility to receive a second-year renewal of the grant.
DIVISION IV
DIRECT CARE WORKER LOAN REPAYMENT PROGRAM

    Sec. 4.  NEW SECTION.  261.134  Direct care worker loan repayment program.
   1.  For purposes of this section, “direct care worker” means a home health aide, nursing assistant, or personal care aide as identified by the United States department of labor, bureau of labor statistics.
   2.  A direct care worker loan repayment program is established to be administered by the college student aid commission to increase the number of direct care workers in the state. Under the program, loan repayment may be made to a recipient for loans for educational expenses incurred while completing an approved direct care worker career program.
   3.  Each applicant for loan repayment shall, in accordance with the rules of the college student aid commission, do the following:
   a.  Complete and file an application for loan repayment. The individual shall be responsible for the prompt submission of any information required by the college student aid commission.
   b.  File a new application and submit information as required by the college student aid commission annually on the basis of which the applicant’s eligibility for the renewed loan repayment will be evaluated and determined.
   c.  Complete and return, on a form approved by the college student aid commission, an affidavit of employment verifying that the applicant is a direct care worker who is practicing full-time in this state.
   4.  The annual amount of loan repayment provided to a recipient under this section shall not exceed twenty percent of the recipient’s total eligible loan. A recipient is eligible for the loan repayment program for not more than five consecutive years.
   5.  The college student aid commission shall adopt rules pursuant to chapter 17A to administer this section and shall establish by rule eligible loans and the evaluation criteria to be used in evaluating applications submitted under this section. Priority shall be given to applicants who are residents of Iowa.
   6.  A direct care worker loan repayment fund is created for deposit of moneys appropriated to or received by the college student aid commission for use under the program. Notwithstanding section 8.33, moneys deposited in the direct care worker loan repayment fund shall not revert to any fund of the state at the end of any fiscal year but shall remain in the loan repayment fund and be continuously available for loan repayment under the program. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the health care loan fund shall be credited to the fund.
   7.  The college student aid commission shall submit in a report to the general assembly by January 1, annually, the number of individuals who received loan repayment pursuant to this section, where the participants were employed, the amount paid to each program participant, and other information identified by the commission as indicators of outcomes of the program.
DIVISION V
DIRECT CARE WORKER TUITION TAX CREDIT

    Sec. 5.  NEW SECTION.  422.120  School tuition organization tax credit.
   1.  For purposes of this section:
   a.  “Direct care worker” means home health aides, nursing assistants, and personal care aides as identified by the United States department of labor, bureau of labor statistics.
   b.  “Eligible student taxpayer” means a student who is a member of a household whose total annual income during the calendar year before the student receives a tuition grant for purposes of this section does not exceed an amount equal to four times the most recently published federal poverty guidelines in the federal register by the United States department of health and human services.
   2.  The taxes imposed under this division, less the credits allowed under section 422.12, shall be reduced by a direct care worker tuition tax credit equal to sixty-five percent of the amount of the payments made by the eligible student taxpayer during the tax year for tuition for a direct care worker career program to pursue an associate’s degree or other training at a community college in the state. The tax credit shall be claimed by use of a tax credit certificate as provided in subsection 4.
   3.  Any credit in excess of the tax liability is not refundable but the excess for the tax year may be credited to the tax liability for the following five tax years or until depleted, whichever is the earlier.
   4.  a.  In order for the eligible student taxpayer to claim the tax credit under subsection 1, a tax credit certificate issued by the community college to which the tuition payment was made shall be included with the person’s tax return. The tax credit certificate shall contain the taxpayer’s name, address, tax identification number, the amount of the tuition payment, the amount of the credit, and other information required by the department.
   b.  The department shall authorize a community college to issue tax credit certificates for tuition payments made to the community college.
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 direct care worker workforce.
   DIVISION I. Division I of the bill relates to development of a plan for implementation of a centralized direct care workforce database.
   The division requires the department of inspections and appeals to convene a stakeholder workgroup to develop a plan and make recommendations for a centralized direct care workforce database as an expansion of the Iowa direct care worker registry. 
   The division specifies the purposes of the database and the membership and duties of the workgroup. 
   The division requires the stakeholder workgroup to convene no later than September 1, 2020, and to submit a phased-in implementation plan for the centralized direct care workforce database, to the governor and the general assembly by June 30, 2021.
   DIVISION II. Division II of the bill relates to skilled workforce programs and the designation of high-demand jobs. The bill requires the workforce development board, notwithstanding any provision to the contrary, to add to the list of high-demand jobs statewide the job of direct care worker for the purposes of the future ready Iowa registered apprenticeship development program, the summer youth intern pilot program, the Iowa employer innovation program, the future ready Iowa skilled workforce last-dollar scholarship program, the future ready Iowa skilled workforce grant program, and postsecondary summer classes for high school students. For the purposes of the bill, “direct care worker” means a home health aide, a nursing assistant, and a personal care aide as identified by the United States department of labor, bureau of labor statistics.
   DIVISION III. Division III of the bill establishes a direct care worker tuition grant program. The bill provides that a direct care worker tuition grant may be awarded to any resident of Iowa who is admitted and in attendance as a full-time or part-time student in a direct care worker career program to pursue an associate’s degree or other training at a community college in the state, and who establishes financial need. The amount of a direct care worker tuition grant shall not exceed the lesser of one-half of a student’s tuition and fees for an approved direct care worker career program or the amount of the student’s established financial need. The bill provides a time frame during which a student may receive a grant, provides that a direct care worker tuition grant shall be awarded on an annual basis, and requires reapplication by the student for each year. Payments under the grant program shall be allocated equally among the semesters or quarters of the year, and if the student discontinues attendance before the end of any term after receiving payment of the grant, the entire amount of any refund due that student, up to the amount of any payments made under the annual grant, shall be paid by the community college to the state. If a student receives financial aid under any other program, the full amount of that financial aid shall be considered part of the student’s financial resources available in determining the amount of the student’s financial need for that period. The college student aid commission is authorized to administer the program.
   DIVISION IV. Division IV of the bill establishes a direct care worker loan repayment program to increase the number of direct care workers in the state. Under the program, loan repayment may be made to a recipient for loans for educational expenses incurred while completing an approved direct care worker career program. The bill establishes the requirements for applicants and the annual amount and duration of loan repayment to be provided. The college student aid commission is required to adopt administrative rules to determine eligible loans and the evaluation criteria to be used in evaluating applications submitted. The bill creates a direct care worker loan repayment fund for deposit of moneys appropriated to or received by the commission for use under the program. The bill requires the commission to submit in a report to the general assembly by January 1, annually, the number of individuals who received loan repayment pursuant, where the participants were employed, the amount paid to each program participant, and other information identified by the commission as indicators of outcomes of the program.
   DIVISION V. Division V of the bill establishes a direct care worker tuition tax credit. The tax credit provided is equal to 65 percent of the amount of the tuition paid by the eligible student taxpayer during the tax year for tuition for a direct care worker career program to pursue an associate’s degree or other training at a community college in the state.