ADMINISTRATIVE RULES REVIEW COMMITTEE Rules Digest -- August 1999 Scheduled for committee review - October 11, 1999 - Room #1 For further information, please contact Joe Royce, Legal Counsel, Administrative Rules Review Committee

HIGHLIGHTS IN THIS ISSUE:

ECONOMIC DEVELOPMENT DEPARTMENT ACE PIAP

ECONOMIC DEVELOPMENT DEPARTMENT "REACH" Program

EDUCATION DEPARTMENT Beginning teacher induction

EDUCATION DEPARTMENT Supplementary weighting

EDUCATION DEPARTMENT National board certification

HUMAN SERVICES DEPARTMENT Child support payments

HUMAN SERVICES DEPARTMENT Subsidized guardianship program

INSPECTIONS & APPEALS Food protection certification program

INSURANCE DIVISION Health coverage: external reviews

INSURANCE DIVISION Benefits changes in certain health policies

LAW ENFORCEMENT ACADEMY Officer standards

LIBRARY DIVISION Iowa regional library system

NATURAL RESOURCES COMMISSION Bluffland protection

SECRETARY OF STATE Constitutional amendments

SCHOOL BUDGET REVIEW COMMITTEE On-time funding

The department completes action on rules implementing Senate File 465; this Act creates a capital funding program for jobs training programs. All programs must demonstrate increased capacity to enroll additional students. Eligible programs must be either a career, vocational, or technical education program resulting in a certificate, diploma, or degree; or an equivalent program consisting of not less than 540 contact hours of classroom and laboratory instruction and resulting in the conferring of a certificate or credential. Funds may only be used for vertical infrastructure, which means land acquisition and construction, major renovation and repair of buildings, adjacent structures, utilities, site development and equipment installation. The term does not include equipment, routine, recurring maintenance or operational expenses or leasing costs. Based on public comment the installation of equipment will be an allowable expense as part of vertical infrastructure, even though the equipment itself is not. Once installed, that equipment becomes part of the infrastructure.

A base allocation of $3 million is equally divided among all community colleges. Competitive awards will be made based on the following criteria:

• Lack of existing public or private infrastructure for development of the partnership. 33 points.
• Demonstration that the jobs would improve the quality of employment within the region. 33 points.
• Local, public or private contributions that meet the requirements of the Act. 34 points.
• Applications that do not receive at least 66 out of 100 will not be forwarded to the department board for review. Projects will be competing against each other for board approval, and the number of points that a project receives will be considered in the award process.

House File 772 has created a new recreational and tourism program offering some $25 million in funding over the next two years. Eligible applicants includes political subdivisions and public organizations. The program has three components. Community attraction component provides financial assistance for community-sponsored attraction and tourism activities, including museums, theme parks, cultural and recreational centers, sports arenas and other attractions. Project development component includes assisting in departmental evaluation of proposals or feasibility studies for projects which are eligible for assistance under this component. Interim financing component provides short-term financial assistance for eligible community attraction and tourism activities. Financial assistance may be provided as a float loan. A float loan may be made only for activities that can provide the department with an irrevocable letter of credit or equivalent security instrument from a lending institution rated AA or better, assignable to the department in an amount equal to or greater than the principal amount of the loan.

Eligible activities include those which are related to a local attraction, and which would position a community to take advantage of economic development opportunities in tourism and strengthen a community's competitiveness as a place to work and live. Activities include building construction or reconstruction, rehabilitation, conversion, acquisition, demolition for the purpose of clearing lots for development, site improvement, equipment purchases, and other activities as may be deemed appropriate by the department. Eligible forms of assistance include grants, interest-bearing loans, non-interest-bearing loans, float loans under the interim financing component, interest subsidies, deferred payment loans, forgivable loans, loan guarantees, or other forms of assistance as may be approved by the Department.

Applications are evaluated according to the following point system:

• Feasibility. (0-25 points) In order to be eligible for funding, proposals must score at least 15 points on this rating factor.
• Economic impact (0-25 points) In order to be eligible for funding, proposals must score at least 15 points on this rating factor.
• Leveraged activity (0-25 points) In order to be eligible for funding, proposals must score at least 15 points on this rating factor.
• Geographic diversity (0-10 points.).
• Local match (0-15 points).

A minimum score of 65 points is needed for a project to be recommended for funding.

Senate File 464, section 23 mandates that the department coordinate a beginning teacher induction program to promote excellence in teaching, build a supportive environment within school districts, increase the retention of promising beginning teachers, and promote the personal and professional well-being of teachers. This program involves assigning each new teach a mentor, who is a licensed teacher with at least four years experience and specific training in mentoring. Under the program a mentor is eligible for $500 per semester.

Under these rules each AEA must prepare a model program and make it available to all schools within its area. Any district wishing to participate must prepare a plan outlining the organization and operation of the program. The rules do not detail the evaluation process, the criteria for evaluating application or the make-up of the review team. The process to be followed in determining the amount of funds to be approved for this competitive program grant will be established in the grant application. The review criteria and point allocation for each criterion will also be described in the application. This material should definitely be set out in the rule itself.

The department emergency adopts rules describing its procedures for supplementary weighting. Procedures have been in operation for some time, but now are being adopted through the rule-making process. Supplementary weighting adds a weighting for each resident student in a district who is enrolled in an eligible class:

• taught by a teacher employed by another public school district, or;
• taught by a teacher employed jointly with another public school district, or;
• sent to and enrolled in an eligible class in another school district or sent to and enrolled in an eligible community college class.

The supplementary weighting for each eligible class is calculated by multiplying the fraction of a school year that class represents times the number of eligible resident students enrolled in that class times the weighting factor of 48/100. ICN courses do not qualify for this program.

These revisions set out two financial incentive pilot programs for Iowa teachers receiving National Board Certification (NBC) and provides guidelines to administer both pilot programs. They are based on the statutory changes made by, House File 766. The two pilots replace the current program which provides an annual $10000 award for up to five years. In general, National Board Certification is available to teachers nationwide and requires candidates to demonstrate their teaching practice as measured against high and rigorous standards. The goal is to provide skilled teachers who enhance the educational experience of their students and motivate fellow teachers towards excellence in classroom teaching.

If funds are appropriated by the legislature, each NBC teacher can qualify for one of the following annual awards. If in any fiscal year the funds appropriated are insufficient to pay the maximum amount of the annual awards to each eligible teacher or the number of teachers eligible to receive annual awards exceed 1,100 individuals, the funds is prorated among all eligible teachers.

• $5,000 annual award. An eligible teacher who receives NBC certification prior to May 1, 2000, will receive an annual award of up to $5,000 per year or a prorated amount for a period of ten years or until the teacher's total state annual award amount reaches $50,000, whichever occurs first. This is in essence the current program.
• $2,500 annual award. An eligible teacher who receives NBC certification after May 1, 2000, will receive an annual award of up to $2,500 per year or a prorated amount for a maximum period of ten years.

In August the department published a detailed package of rules outlining the Collection Services Center, which is the administrative entity responsible for the disbursement of court-ordered child support.

At issue is this filing was rule 95.3. Under the rule payments are credited for the month in which the money is received by the collection services center. At its September meeting a member of the public expressed concern that payments should be credited for the month in which the payment is deducted from the obligors earnings. The individual noted that some employers deduct child support do not immediately forward that money to the center. Under some situations this delay can put the obligor into default, even though the support was timely deducted from his or her salary. Members felt that at the moment the obligor lost control of the funds that individual had fulfilled his or her responsibilities. The committee imposed a 70 day delay on rule 95.3, promising further review on October 11th.

This newly adopted chapter creates a subsidized guardianship program to provide financial assistance to guardians of eligible children who are not able to be adopted and who are not able to return home. The guardian need not live in Iowa. This program will provide them a more permanent placement than they have in foster care. Under this program the department will provide a subsidy for persons accepting a legal guardianship of a child when all of the following conditions are met:

• The department has determined the option of reunification has been eliminated and termination of parental rights is not appropriate.
• The child is in foster care subsidized by the department at the time of application and has lived in foster care for at least 12 of the last 18 months.
• The child is either 14 years of age or older or, if under 14 years of age, is part of a sibling group with a child aged 14 or older and cannot be made available for adoption.
• The placement does not require departmental supervision.
• The guardian is a person, not an agency.

The guardianship subsidy consists of a monthly payment to assist in covering the cost of room, board, clothing, and spending money for the child. The amount of subsidy shall be negotiated between the department and the guardian, and shall be based upon the needs of the child, and the circumstances of the family. Each time negotiations are completed, a subsidy agreement form must be completed and signed by the guardian and the department.

The amount of subsidy is set out in the agreement based upon available funds. A guardianship subsidy is no less than $10 per month. The maximum monthly payment for a child in subsidized guardianship shall be made equal to the foster family care maintenance rate according to the age and special needs of the child. If a child needs to be placed out of the guardian's home for treatment and the plan is for the child to return to the family, a partial subsidy amount may be negotiated.

As part of the 1999 updating of Iowa's food code the department proposes to add "food protection certification programs". Under this filing the department sets out the criteria for the approval of these programs. The food code requires that food managers demonstrate a knowledge of food handling. This requirement can be met by certification attained according to these rules. The rules do not certify the individual, rather they certify the program that trains the individual. Controversy surrounds this filing, although the source is a recent statutory enactment rather that the rule itself. House File 782, section 28 which exempts from the licensing requirements:

Premises of a residence in which food that is nonpotentially hazardous is sold for consumption off the premises to a consumer customer, if the food is labeled to identify the name and address of the person preparing the food and the common name of the food.

In essence this regulates the cookies and baked goods which are home-baked for sale at a coffee shop or similar establishment; the Act requires these products be identified by name and by source.

Senate File 276 allows health insurance enrollees to obtain external review of coverage decisions made by the insurer. Under the Act an insurer must notify an enrollee in writing of the right to have an external review of the coverage decision and include a copy of the final adverse decision. That notice must contain the following:

• That the enrollee was covered by the carrier at the time the service or treatment was proposed;
• That the enrollee has been denied coverage based on a determination by the carrier that the proposed service or treatment does not meet the definition of medical necessity as defined in the enrollee's evidence of coverage;
• That the enrollee or the enrollee's treating health care provider acting on behalf of the enrollee has exhausted all internal appeal mechanisms provided under the carrier's contract; and
• Information on how the enrollee or the enrollee's treating health care provider can request an external review.

The enrollee, or the enrollee's care provider, may file a written request for external review of the coverage decision with the insurance division. The request must be filed within sixty days of the receipt of the coverage decision. The request must be accompanied by a $25 fee. The insurer may contest that request.

If the division determines that external review is appropriate, the division will select an independent reviewer, chosen from a list {up to two names} provided by the insurers. The reviewer must be a health care professional, and must be an expert in the treatment of the medical condition under review. The reviewer must adopt policies and procedures detailing the review process and establishing a quality assurance program.

The reviewer cannot be in any way tied or associated with the insurer. The reviewer shall issue an opinion within 30 days from the receipt of the request.

The division emergency adopted these provisions in July, making several mandatory coverage changes affecting HMO's, preferred provider arrangements, small group and individual policies. The first is an anti-gag provision prohibiting insurers from prohibiting health care providers from discussing treatment options with covered persons, or from advocating on behalf of covered persons within the utilization review or grievance processes.

The second change requires benefits for inpatient and outpatient emergency services. These are defined as services that are furnished by a provider who is qualified to furnish the services that are needed to evaluate or stabilize an emergency medical condition.

The next change allows a patient direct access to an obstetrician or gynecologist for routine and preventive health care services; and also allows a pediatrician to be the primary care provider for a child through the age of 18. Lastly, benefits are required covering equipment, supplies and education for diabetes.

Current law enforcement academy standards require officers to be residents of Iowa. The academy proposes that in Iowa's three border standard metropolitan statistical areas (Davenport, Sioux City, Council Bluffs) local officials, with the councils approval could waive the residency requirements. This adopted change originated from a problem in Carter Lake, Iowa, where an officer was unable to find housing in the Nebraska-surrounded Iowa enclave. When initially reviewed in August Committee reaction was mixed, with some members supporting the measure as a matter of local control while others questioned making general policy based on one problem.

Additionally, these rules add assault, domestic abuse and stalking or other offenses of domestic violence and any offense in which a weapon was used in the commission to the list of crimes defined as involving moral turpitude.

The division proposes a new chapter which describes the organization and operation of the Iowa regional library system, which consists of seven regional libraries. Each regional library is governed by an elected board of trustees. Two members from each board make up the 14 member regional executive board, which handles the duties of the regional system. The proposal also establishes regional library service standards. The libraries are located in Clive, Cedar Rapids, Mason City, Waterloo, Sioux City, Davenport and Council Bluffs.

All public libraries within each region are independent entities. The regional libraries act in a consultative and advisory role, providing information resources, continuing education, technological assistance and interlibrary loan services.

1998 Iowa Acts, chapter 1219, section 17 establishes a special fund to provide assistance to private conservation organizations in the acquisition and protection of significant blufflands along the Iowa side of the Mississippi River and Missouri River. These final rules establish policies and procedures for the administration of the blufflands protection revolving loan fund program. "Blufflands" means a cliff, headland, or hill with a broad, steep face along the channel or floodplain of the Missouri River or Mississippi River and their tributaries.

50 percent of available funds shall be allocated to projects on the Missouri River blufflands and 50 percent to projects on the Mississippi River blufflands. Any non-profit conservation organization can apply for loans to purchase blufflands. Rule 24.6 provides that loans will be evaluated according to criteria set out in the "land acquisition priority plan". Pursuant to the newly effective provisions of Iowa Code §17A.3, these criteria must be set out as administrative rules.

This provision states that a description of all proposed constitutional amendments will be published by the state commissioner of elections not later than 150 days prior to the election. This provision had long been in effect but was removed from the IAC in 1998 because the 150 day period conflicted with an election date specified by the General Assembly for a particular election. The removal was effected using the legislative veto {HJR 15}.

With that election now complete, the secretary now restores the notice period. It should be noted that use of the veto does not automatically preclude an agency from repromulgating a rule; a change in circumstances or even the passage of time may made a provision acceptable. In this case the rule itself was never objectionable, the problem was this rule conflicted with a lawful enactment of the General Assembly. No rule may conflict with a superior form of law and for that reason the rule was vetoed. With the completion of that election process it is appropriate to re-instate the review period

1999 Iowa Acts, House File 147 contains an appropriation for school districts which have a higher actual enrollment than the budgeted enrollment for that year. Section two of the Act states in part:

"The school budget review committee shall consider the relative increase in enrollment on a district-by-district basis, in determining whether to approve the request, and shall determine the amount of additional funding to be provided if the request is granted."

Applications for on-time funding must be received by November 1st. The funding requested is determined by the increased enrollment multiplied by the state cost per pupil. House File 147 appropriates up to four million dollars to pay additional funding authorized under this Act, paid to school districts in the same manner as other state aids.

If the total amount of the requests for on-time funding approved by the Committee exceeds the appropriation to the department for this program, the appropriation shall be prorated such that each school district approved for on-time funding shall receive an amount of on-time funding equal to the percentage that the on-time funding to be provided to the district bears to the total amount of on-time funding to be provided to all districts receiving approval.

Comments about this site or page? webmaster@legis.iowa.gov

Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

© 1995 Cornell College and League of Women Voters of Iowa

Last update: WED Oct 6 1999
sw/sam