House File 2643 H-8302 Amend the amendment, H-8276, to House File 2643 as follows: 1 1. Page 6, after line 21 by inserting: 2 < Of the funds appropriated in this section, $13,000,000 3 shall be used to provide reimbursement to critical access 4 hospitals for inpatient and outpatient services based on 5 a critical access hospital adjustment factor methodology 6 developed by the department of human services. > 7 2. Page 13, after line 34 by inserting: 8 < DIVISION ___ 9 UTILITY DISCONNECTION RESTRICTIONS 10 Sec. ___. UTILITY DISCONNECTION RESTRICTIONS. 11 1. When used in this section, unless the context otherwise 12 requires: 13 a. “Coronavirus” means the coronavirus identified as 14 SARS-CoV-2, the disease caused by the coronavirus SARS-CoV-2 15 or a virus mutating therefrom, and conditions associated with 16 the disease caused by the coronavirus SARS-CoV-2 or a virus 17 mutating therefrom. 18 b. “Primary caregiver” means an individual who takes 19 responsibility for managing the well-being of another 20 individual with respect to the other individual’s recovery 21 from a coronavirus infection at any time from March 17, 2020, 22 through December 31, 2020. 23 2. Notwithstanding any other provision of law to the 24 contrary, a utility shall not discontinue, reduce, or impair 25 service to any of the following: 26 a. An individual who becomes unemployed at any time from 27 March 17, 2020, through December 31, 2020, as a result of the 28 impact of the coronavirus on the individual’s employer. 29 b. A primary caregiver. 30 3. The utilities board within the utilities division of the 31 department of commerce shall adopt rules pursuant to chapter 32 17A to administer this section. 33 DIVISION ___ 34 TERMINATION OF EMPLOYMENT PROHIBITED 35 -1- H8276.4426 (2) 88 ns/tm 1/ 20 #1. #2.
Sec. ___. TERMINATION OF EMPLOYMENT DUE TO COVID-19 1 INFECTION OR EXPOSURE PROHIBITED. 2 1. As used in this section: 3 a. “Employee” means a natural person who is employed in this 4 state for wages by an employer. 5 b. “Employer” means a person, as defined in chapter 4, who 6 in this state employs for wages a natural person. 7 2. An employer shall not lay off or otherwise terminate the 8 employment of an employee due to the employee having contracted 9 or been exposed to the COVID-19 virus. 10 Sec. ___. EFFECTIVE DATE. This division of this Act, being 11 deemed of immediate importance, takes effect upon enactment. 12 DIVISION ___ 13 STATE BUSINESS ENTITIES —— CORONAVIRUS RELIEF 14 Sec. ___. STATE BUSINESS ENTITIES —— CORONAVIRUS 15 RELIEF. The state shall give priority to business entities 16 formed under the laws of this state over business entities 17 formed under the laws of any other state in regards to 18 contracts entered into by the state with business entities 19 involving use of the moneys received by the state from the 20 federal coronavirus relief fund created pursuant to the federal 21 Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 22 116-136. 23 DIVISION ___ 24 WORKERS’ COMPENSATION 25 Sec. ___. NEW SECTION . 85.4 Volunteer health care 26 professionals —— COVID-19. 27 1. As used in this section, unless the context otherwise 28 requires: 29 a. “COVID-19” means a severe acute respiratory syndrome 30 coronavirus 2 or the disease caused by severe acute respiratory 31 syndrome coronavirus 2. 32 b. “Department” means the same as defined in section 7E.4. 33 c. “Head of the department” means the same as defined in 34 section 7E.4. 35 -2- H8276.4426 (2) 88 ns/tm 2/ 20
d. “Health care professional” means the same as defined in 1 section 514J.102. 2 e. “Health care provider or “provider” means the same as 3 defined in section 514J.102. 4 f. “Health care services” means services for the assessment, 5 diagnosis, prevention, treatment, cure, or relief of a health 6 condition, illness, or disease related to COVID-19. 7 2. Notwithstanding any provision to the contrary, a health 8 care professional that engages in the provision of health care 9 services on a volunteer basis at the direction of the governor 10 or the governor’s designee, or at the direction of the head of 11 the department of a department or the head of the department’s 12 designee, shall be classified as an employee of the state for 13 purposes of workers’ compensation pursuant to this chapter for 14 the duration of the health care professional’s provision of 15 health care services on a volunteer basis. 16 Sec. ___. EFFECTIVE DATE. This division of this Act, being 17 deemed of immediate importance, takes effect upon enactment. 18 DIVISION ___ 19 COVID-19 HEALTH BENEFIT PLAN COVERAGE 20 Sec. ___. NEW SECTION . 514C.35 COVID-19 —— health benefit 21 plan coverage. 22 1. As used in this section, unless the context otherwise 23 requires: 24 a. “Commissioner” means the commissioner of insurance. 25 b. “Cost-sharing” means any coverage limit, copayment, 26 coinsurance, deductible, or other out-of-pocket expense 27 obligation imposed on a covered person by a health benefit plan 28 providing for third-party payment or prepayment of health or 29 medical expenses. 30 c. “Covered person” means a policyholder, subscriber, 31 or other individual participating in a health benefit plan 32 providing for third-party payment or prepayment of health or 33 medical expenses. 34 d. “COVID-19” means a severe acute respiratory syndrome 35 -3- H8276.4426 (2) 88 ns/tm 3/ 20
coronavirus 2 or the disease caused by severe acute respiratory 1 syndrome coronavirus 2. 2 e. “Facility” means the same as defined in section 514J.102. 3 f. “Health benefit plan” means any policy, contract, 4 certificate, or agreement, including a short-term 5 limited-duration policy or a high deductible plan, offered or 6 issued by a health carrier to provide, deliver, arrange for, 7 pay for, or reimburse any of the costs of health care services. 8 g. “Health care professional” means the same as defined in 9 section 514J.102. 10 h. “Health care provider” or “provider” means the same as 11 defined in section 514J.102. 12 i. “Health care services” means services for the assessment, 13 diagnosis, prevention, treatment, cure, or relief of a health 14 condition, illness, or disease related to COVID-19. 15 j. “Health carrier” means an entity subject to the 16 insurance laws and regulations of this state, or subject 17 to the jurisdiction of the commissioner, including an 18 insurance company offering sickness and accident plans, a 19 health maintenance organization, a nonprofit health service 20 corporation, a plan established pursuant to chapter 509A for 21 public employees, a plan offered or maintained by a multiple 22 employer welfare association, or any other entity providing 23 a plan of health insurance, health benefits, or health care 24 services. Notwithstanding section 505.20, subsection 1, “health 25 carrier” also includes a nonprofit agricultural organization 26 domiciled in the state that sponsors a health benefit plan 27 pursuant to section 505.20. 28 k. “Step therapy protocol” means the same as defined in 29 section 514F.7. 30 2. Notwithstanding the uniformity of treatment requirements 31 of section 514C.6, a health benefit plan that provides for 32 third-party payment or prepayment of health or medical expenses 33 must comply with all of the following requirements: 34 a. Waive all cost-sharing requirements for health care 35 -4- H8276.4426 (2) 88 ns/tm 4/ 20
services recommended by a covered person’s health care 1 professional. 2 b. Waive prior authorization requirements for all health 3 care services recommended by a covered person’s health care 4 professional. 5 c. Waive all requirements mandating a covered person 6 receive health care services from an in-network health care 7 provider if the health benefit plan is unable to provide timely 8 and reasonable in-network access to health care services as 9 recommended by a covered person’s health care professional. 10 d. Permit an employer to continue coverage under a group 11 plan for an employee who would otherwise be ineligible for 12 coverage based on a reduction in the number of hours worked by 13 the employee due to a COVID-19 related issue. 14 e. Establish a grace period or other continuity of coverage 15 policy to mitigate the financial risk for covered persons and 16 health care providers due to delayed payment or nonpayment of 17 health benefit plan premiums by a covered person. 18 3. Notwithstanding the uniformity of treatment requirements 19 of section 514C.6, a health benefit plan that provides for 20 third-party payment or prepayment of health or medical expenses 21 that provides coverage for prescription drugs must comply 22 with all of the following requirements for prescription drugs 23 prescribed by a covered person’s health care professional for a 24 health condition, illness, or disease related to COVID-19: 25 a. Waive time restrictions for prescription refills 26 and authorize reimbursements to a pharmacy or a pharmacist 27 for filling an up-to-thirty-day supply of a prescription 28 for a covered person, regardless of the date on which that 29 prescription has most recently been filled for that covered 30 person. 31 b. Waive prior authorization requirements and step therapy 32 protocols if a covered person’s prescribing health care 33 professional recommends an alternative drug for the covered 34 person due to a shortage of the drug initially prescribed for 35 -5- H8276.4426 (2) 88 ns/tm 5/ 20
the covered person by the health care professional. 1 c. Expedite a formulary exception for a covered person 2 who is suffering from a health condition, illness, or disease 3 related to COVID-19 that jeopardizes the covered person’s 4 health, life, or ability to regain maximum function. 5 d. Expedite a formulary exception for a covered person 6 who is suffering from a health condition, illness, or disease 7 related to COVID-19 if the covered person is currently 8 receiving health care services that involve a nonformulary 9 prescription drug. 10 e. Allow a covered person to use an out-of-network pharmacy 11 to fill a covered prescription at the covered person’s 12 in-network health benefit plan level if a shortage of the 13 prescription drug renders in-network pharmacies unable to fill 14 the prescription. 15 4. Notwithstanding any provision of law to the contrary, 16 the board of pharmacy shall waive requirements for electronic 17 prescription transmission pursuant to section 124.308, 18 subsection 2, for all prescription drugs prescribed by 19 a covered person’s health care professional for a health 20 condition, illness, or disease related to COVID-19. 21 5. Notwithstanding the uniformity of treatment requirements 22 of section 514C.6, a health benefit plan that provides for 23 third-party payment or prepayment of health or medical expenses 24 shall not do any of the following: 25 a. Retroactively deny reimbursement to a health care 26 provider based on the provider’s network status. 27 b. Retroactively deny reimbursement to a health care 28 provider based on a covered person receiving a diagnosis other 29 than a diagnosis related to COVID-19. 30 c. Cancel a covered person’s health benefit plan or refuse 31 to renew a covered person’s health benefit plan based on the 32 covered person’s COVID-19 status. 33 d. Increase premiums based on a group’s decreased enrollment 34 or participation in a health benefit plan due to COVID-19. 35 -6- H8276.4426 (2) 88 ns/tm 6/ 20
6. To ensure compliance with this section, a health carrier 1 shall submit each of the health carrier’s health benefit plans 2 to the commissioner pursuant to rules promulgated by the 3 commissioner. 4 7. A health carrier shall communicate all requirements 5 pursuant to subsections 2 and 3 in writing to all covered 6 persons and to all health care providers that are contracted 7 with the health carrier. 8 8. This section shall not apply to accident-only, specified 9 disease, short-term hospital or medical, hospital confinement 10 indemnity, credit, dental, vision, Medicare supplement, 11 long-term care, basic hospital and medical-surgical expense 12 coverage as defined by the commissioner of insurance, 13 disability income insurance coverage, coverage issued as a 14 supplement to liability insurance, workers’ compensation or 15 similar insurance, or automobile medical payment insurance. 16 9. The commissioner of insurance shall adopt rules pursuant 17 to chapter 17A to administer this section. Such rules shall 18 include the requirement that all health carriers adopt a 19 uniform system of billing that allows health care providers to 20 timely process billing codes related to health care services 21 provided pursuant to this section. 22 Sec. ___. EFFECTIVE DATE. This division of this Act, being 23 deemed of immediate importance, takes effect upon enactment. 24 Sec. ___. RETROACTIVE APPLICABILITY. This division 25 of this Act applies retroactively to January 1, 2020, for 26 health benefit plans that are delivered, issued for delivery, 27 continued, or renewed in this state on or after that date. 28 DIVISION ___ 29 UNEMPLOYMENT COMPENSATION 30 Sec. ___. Section 96.6, subsection 2, Code 2020, is amended 31 to read as follows: 32 2. Initial determination. 33 a. A representative designated by the director shall 34 promptly notify all interested parties to the claim of its 35 -7- H8276.4426 (2) 88 ns/tm 7/ 20
filing within five business days , and the parties have ten 1 days from the date of mailing the notice of the filing of the 2 claim by ordinary mail to the last known address to protest 3 payment of benefits to the claimant. The representative shall 4 promptly examine the claim and any protest, take the initiative 5 to ascertain relevant information concerning the claim, and, 6 on the basis of the facts found by the representative, shall 7 determine whether or not the claim is valid, the week with 8 respect to which benefits shall commence, the weekly benefit 9 amount payable and its maximum duration, and whether any 10 disqualification shall be imposed. If a fact finding interview 11 will be held by the department to obtain information on a 12 specific eligibility or disqualification issue, the department 13 shall schedule the interview within five business days of the 14 interview being requested or a determination by the department 15 that an interview is necessary. The interview shall be held 16 within ten business days following the date the interview is 17 scheduled. 18 b. The claimant has the burden of proving that the claimant 19 meets the basic eligibility conditions of section 96.4 . The 20 employer has the burden of proving that the claimant is 21 disqualified for benefits pursuant to section 96.5 , except as 22 provided by this subsection . The claimant has the initial 23 burden to produce evidence showing that the claimant is not 24 disqualified for benefits in cases involving section 96.5, 25 subsections 10 and 11 , and has the burden of proving that a 26 voluntary quit pursuant to section 96.5, subsection 1 , was for 27 good cause attributable to the employer and that the claimant 28 is not disqualified for benefits in cases involving section 29 96.5, subsection 1 , paragraphs “a” through “h” . 30 c. Unless the claimant or other interested party, after 31 notification or within ten calendar days after notification 32 was mailed to the claimant’s last known address, files an 33 appeal from the decision, the decision is final and benefits 34 shall be paid or denied in accordance with the decision. 35 -8- H8276.4426 (2) 88 ns/tm 8/ 20
If an administrative law judge affirms a decision of the 1 representative, or the appeal board affirms a decision of the 2 administrative law judge allowing benefits, the benefits shall 3 be paid regardless of any appeal which is thereafter taken, 4 but if the decision is finally reversed, no employer’s account 5 shall be charged with benefits so paid and this relief from 6 charges shall apply to both contributory and reimbursable 7 employers, notwithstanding section 96.8, subsection 5 . 8 Sec. ___. Section 96.11, Code 2020, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 17. Electronic notifications for weekly 11 claims. The department shall provide an individual submitting 12 a claim for benefits with an electronic confirmation that the 13 claim was successfully submitted. The confirmation shall 14 include a confirmation number for the claim and shall be 15 provided for each weekly claim. Such confirmation shall not be 16 considered an acknowledgment that a claim is valid. 17 Sec. ___. EFFECTIVE DATE. This division of this Act, being 18 deemed of immediate importance, takes effect upon enactment. 19 Sec. ___. APPLICABILITY. 20 1. The section of this division of this Act amending section 21 96.6, subsection 2, applies to claims for unemployment benefits 22 filed and fact finding interviews scheduled on or after the 23 effective date of this Act. 24 2. The section of this division of this Act enacting section 25 96.11, subsection 17, applies to claims for unemployment 26 benefits with an effective date on or after the second Sunday 27 after the effective date of this Act. 28 DIVISION ___ 29 SUSPENSION OF EVICTIONS AND FORECLOSURES 30 Sec. ___. SUSPENSION OF CERTAIN EVICTIONS —— EXTENSION 31 OF SUSPENSION. The provisions of section 562A.27, section 32 562B.25, and section 648.1, subsections 2 through 6, that allow 33 for the termination of a rental agreement by a landlord or 34 allow for the eviction of a tenant shall be suspended through 35 -9- H8276.4426 (2) 88 ns/tm 9/ 20
September 30, 2020. This suspension shall not apply to the 1 termination of a rental agreement or to the eviction of a 2 tenant under emergency or other circumstances pursuant to any 3 other law. 4 Sec. ___. SUSPENSION OF FORECLOSURES AND FORFEITURES —— 5 EXTENSION OF SUSPENSION. 6 1. The provisions of chapters 646, 654, 655A, and 656 7 that permit the commencement of foreclosure or forfeiture 8 proceedings on residential, commercial, or agricultural real 9 property located in the state or that permit the continued 10 prosecution of a foreclosure or forfeiture proceeding that has 11 already commenced on residential, commercial, or agricultural 12 real property located in the state shall be suspended through 13 September 30, 2020. 14 2. Nothing in this section shall be construed to relieve any 15 person of the person’s obligation to make mortgage payments or 16 to comply with any other mortgage obligation that the person 17 may have pursuant to a mortgage. 18 3. The superintendent of the division of banking and the 19 superintendent of credit unions shall identify any tools, 20 means, or methods to mitigate the threat of foreclosure or 21 forfeiture for persons that hold an interest in residential, 22 commercial, or agricultural real property in Iowa. 23 Sec. ___. EFFECTIVE DATE. This division of this Act, being 24 deemed of immediate importance, takes effect upon enactment. 25 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 26 Act applies retroactively to May 27, 2020. 27 DIVISION ___ 28 COMMUNITY HEALTH CENTERS 29 Sec. ___. CORONAVIRUS RELIEF FUND —— COMMUNITY HEALTH 30 CENTERS. Of the funds received by the state from the federal 31 Coronavirus Relief Fund created pursuant to the federal 32 Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 33 116-136, $20,0000,0000 shall be distributed to community health 34 centers throughout the state to be used in accordance with the 35 -10- H8276.4426 (2) 88 ns/tm 10/ 20
federal Act. 1 DIVISION ___ 2 PERSONAL PROTECTIVE EQUIPMENT FOR SCHOOLS 3 Sec. ___. DEPARTMENT OF MANAGEMENT —— PERSONAL 4 PROTECTIVE EQUIPMENT FOR SCHOOLS —— REIMBURSEMENT CLAIMS —— 5 APPROPRIATION. Each school district and accredited nonpublic 6 school that purchases personal protective equipment during 7 the budget year commencing July 1, 2020, may submit to the 8 department of management, in a format prescribed by the 9 department, a request for reimbursement for the costs of the 10 personal protective equipment purchased during the fiscal 11 year commencing July 1, 2020. The department of management 12 shall use funds available to the state pursuant to the federal 13 Coronavirus Aid, Relief, and Economic Security Act, Pub. L. 14 No. 116-136, that are available without any match requirement, 15 to reimburse Iowa’s school districts and accredited nonpublic 16 schools for the costs incurred by the school districts and 17 schools in purchasing personal protective equipment during 18 the 2020-2021 school year. There is appropriated from moneys 19 received by the state pursuant to the federal Coronavirus 20 relief fund created pursuant to the federal Coronavirus Aid, 21 Relief, and Economic Security Act, Pub. L. No. 116-136, to 22 the department of management for the fiscal year beginning 23 July 1, 2020, and ending June 30, 2021, an amount necessary to 24 reimburse school districts and accredited nonpublic schools 25 for the costs of the personal protective equipment purchased 26 during the fiscal year commencing July 1, 2020. If the moneys 27 available to the state pursuant to the federal Coronavirus Aid, 28 Relief, and Economic Security Act, Pub. L. No. 116-136, are 29 insufficient to pay the full amount of reimbursements requested 30 in accordance with this section, the department shall prorate 31 the amount of reimbursement paid to each school district and 32 accredited nonpublic school submitting a reimbursement request 33 pursuant to this section. 34 DIVISION ___ 35 -11- H8276.4426 (2) 88 ns/tm 11/ 20
PHYSICAL PLANT AND EQUIPMENT LEVY 1 Sec. ___. SCHOOL DISTRICT PHYSICAL PLANT AND EQUIPMENT LEVY 2 —— PERMISSIBLE USES BUDGET YEAR 2020-2021. 3 1. For the school budget year beginning July 1, 2020, and 4 ending June 30, 2021, unencumbered moneys remaining in the 5 physical plant and equipment levy fund under section 298A.4 at 6 the end of the budget year beginning July 1, 2019, and ending 7 June 30, 2020, and the taxes certified for levy before the 8 effective date of this division of this Act under section 298.2 9 and deposited in the physical plant and equipment levy fund for 10 the school budget year beginning July 1, 2020, and ending June 11 30, 2021, in addition to the purposes authorized under section 12 298.3, may be used by a school district to purchase personal 13 protective equipment for staff and students for use during the 14 school year beginning July 1, 2020, and ending June 30, 2021. 15 2. The board of directors of a school district, 16 notwithstanding the budget amendment requirements of chapters 17 24 and 257, may authorize the expenditure of specified physical 18 plant and equipment levy funds for purposes specified in 19 subsection 1 by resolution of the board specifying the amount 20 to be used and the purposes from which the funds will be 21 reallocated, if the resolution of the board is approved and 22 filed with the department of education and the department of 23 management on or before June 30, 2021. 24 Sec. ___. EFFECTIVE DATE. This division of this Act, being 25 deemed of immediate importance, takes effect upon enactment. 26 DIVISION ___ 27 INFECTIOUS DISEASE EMERGENCY RESPONSE 28 Sec. ___. Section 88.5, Code 2020, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 5A. Emergency temporary standards —— 31 infectious disease emergencies. 32 a. If, during a period of infectious disease emergency, 33 as defined in section 95.1, the secretary provides a federal 34 occupational safety and health standard, including an emergency 35 -12- H8276.4426 (2) 88 ns/tm 12/ 20
temporary standard, or provides any other guideline or 1 recommendation, relating to the infectious disease that is 2 the subject of the period, the commissioner shall provide 3 for one or more temporary standards pursuant to subsection 4 5 implementing the standard, guideline, or recommendation 5 within one week of the issuance of the standard, guideline, or 6 recommendation. The commissioner shall initiate the procedures 7 provided for under this chapter for the purpose of promulgating 8 a permanent standard as provided in subsection 1 of this 9 section within one month of such issuance if the period remains 10 in effect. 11 b. Emergency standards provided pursuant to this subsection 12 shall include a requirement that affected employers provide, 13 at no cost to employees, personal protective equipment and 14 sanitizing liquid in order to prevent the contraction or spread 15 of the infectious disease. 16 Sec. ___. Section 88.6, Code 2020, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 10. Procedures for complaints regarding 19 periods of infectious disease emergency. The division shall 20 respond to any complaint of a violation of this chapter during 21 a period of infectious disease emergency as defined in section 22 95.1 that pertains to the infectious disease within twenty-four 23 hours of receiving the complaint. The response shall confirm 24 that the division has received the complaint and shall 25 describe the steps the division will carry out to conduct an 26 investigation of the complaint. The division shall begin such 27 an investigation within seventy-two hours of receiving such a 28 complaint. Upon request, and notwithstanding subsection 8, the 29 division shall provide the person who made a complaint with an 30 update on the progress of the investigation and a projected 31 timeline for its completion. 32 Sec. ___. NEW SECTION . 95.1 Definitions. 33 As used in this chapter, unless the context otherwise 34 requires: 35 -13- H8276.4426 (2) 88 ns/tm 13/ 20
1. “Employee” means a natural person who is employed in this 1 state for wages by an employer. 2 2. “Employer” means a person, as defined in chapter 4, who 3 in this state employs for wages a natural person. 4 3. “Period of infectious disease emergency” means that 5 period of time that a disease or virus determined to be 6 life-threatening to a person exposed to the disease or virus 7 has been declared a pandemic, epidemic, or public health 8 emergency by the federal government, governor, or local public 9 health authorities. 10 Sec. ___. NEW SECTION . 95.2 Paid sick leave. 11 During a period of infectious disease emergency, an employer 12 with fifty or more employees shall provide a minimum of two 13 weeks of paid sick leave to an employee who shows symptoms 14 known to be associated with an infectious disease that is the 15 subject of a period of infectious disease emergency during such 16 period. 17 Sec. ___. NEW SECTION . 95.3 Attendance policies. 18 1. The general assembly declares that it is the public 19 policy of the state to maintain the integrity and vitality 20 of value-added agricultural manufacturing including but not 21 limited to meat packing and grain milling facilities within 22 this state by permitting employees during a pandemic or other 23 period of infectious disease emergency to miss work without 24 penalty when demonstrating symptoms consistent with the 25 symptoms associated with COVID-19 or any other infectious 26 disease as identified by the United States centers for disease 27 control or another government agency. 28 2. An employer with fifty or more employees at a value-added 29 agricultural manufacturing facility, including but not limited 30 to a meat packing or grain milling facility, shall not enforce 31 the termination provisions of any employer policy based 32 on attendance, a no-fault attendance policy, a point-based 33 attendance policy, or any other attendance policy, against an 34 employee when the employee was absent from work due to symptoms 35 -14- H8276.4426 (2) 88 ns/tm 14/ 20
known to be associated with an infectious disease that is the 1 subject of a period of infectious disease emergency during 2 such period. Such an employer shall not remove incentive 3 pay or other attendance-related bonuses from an employee due 4 to absence from work due to symptoms known to be associated 5 with an infectious disease that is the subject of a period of 6 infectious disease emergency during such period. 7 Sec. ___. NEW SECTION . 95.4 Employee notification. 8 During a period of infectious disease emergency, if an 9 employer with fifty or more employees determines that ten 10 percent or more of the employer’s employees have contracted 11 or been exposed to a person who has contracted the infectious 12 disease, the employer shall notify all employees of the 13 infection rate within twenty-four hours of the determination. 14 An employer shall comply with all laws, regulations, and 15 rules relating to the confidentiality or privacy of personal 16 information or medical records, including but not limited to 17 the federal Health Insurance Portability and Accountability Act 18 of 1996, Pub. L. No. 104-191, when implementing this section. 19 Sec. ___. NEW SECTION . 95.5 Whistleblower protection. 20 1. An employer or the employer’s agent shall not 21 discriminate or take any other adverse employment action 22 against any employee who raises a concern by any medium about 23 workplace health and safety practices or hazards relating 24 to an infectious disease that is the subject of a period 25 of infectious disease emergency during such period to the 26 employer, the employer’s agent, another employee, a government 27 agency, or to any member of the public. 28 2. An employer or the employer’s agent shall not require 29 any employee to sign a contract or other agreement that would 30 limit or prevent the employee from disclosing information 31 about workplace health and safety practices or hazards 32 relating to an infectious disease that is the subject of a 33 period of infectious disease emergency during such period to 34 another employee, a government agency, or to any member of the 35 -15- H8276.4426 (2) 88 ns/tm 15/ 20
public. An employer shall not require an employee to otherwise 1 abide by a workplace policy that would limit or prevent such 2 disclosures, and such a policy is void on and after the 3 effective date of this Act. 4 Sec. ___. NEW SECTION . 95.6 Public employee collective 5 bargaining. 6 1. Upon the commencement of a period of infectious disease 7 emergency, a public employee collective bargaining unit, 8 including one with less than thirty percent of members who are 9 public safety employees, may request to engage in supplemental 10 collective bargaining with a public employer pertaining to 11 health and safety measures in the workplace relating to the 12 infectious disease under applicable collective bargaining 13 procedures under chapter 20. The employer shall promptly 14 commence such collective bargaining subject to applicable 15 collective bargaining procedures under chapter 20. 16 2. This section applies notwithstanding any provision of 17 chapter 20 to the contrary. 18 Sec. ___. NEW SECTION . 95.7 Enforcement. 19 The labor commissioner shall implement and enforce this 20 chapter. The labor commissioner shall adopt rules pursuant to 21 chapter 17A to administer this chapter. The labor commissioner 22 may coordinate with the public employment relations board in 23 the implementation of section 95.6. 24 Sec. ___. NEW SECTION . 139A.27 Infectious disease emergency 25 —— personal protective equipment. 26 1. During a period of infectious disease emergency, 27 as defined in section 95.1, the department shall make all 28 available efforts to facilitate the ability of employers 29 in this state to provide personal protective equipment and 30 sanitizing liquid to their employees to prevent infection by 31 and spread of the infectious disease. 32 2. In carrying out this section, the department shall give 33 first priority to employers subject to emergency temporary 34 standards under section 88.5, subsection 5A, that are unable to 35 -16- H8276.4426 (2) 88 ns/tm 16/ 20
obtain sufficient personal protective equipment and sanitizing 1 liquid without assistance from the department, and shall give 2 second priority to other employers that are unable to obtain 3 sufficient personal protective equipment and sanitizing liquid 4 without assistance from the department. If personal protective 5 equipment and sanitizing liquid cannot be obtained by the 6 department or employers without cost, the department shall 7 give consideration to the financial ability of an employer to 8 obtain personal protective equipment and sanitizing liquid when 9 determining prioritization. 10 3. The department shall coordinate with federal, state, and 11 local agencies, nonprofit organizations, and the private sector 12 to obtain personal protective equipment and sanitizing liquid 13 for purposes of implementing this section. 14 Sec. ___. DEPARTMENT OF WORKFORCE DEVELOPMENT —— 15 OCCUPATIONAL SAFETY AND HEALTH COMPLIANCE INSPECTORS. 16 1. The labor commissioner or the labor commissioner’s 17 designee shall hire five additional full-time occupational 18 safety and health compliance inspectors to conduct inspections 19 pursuant to section 88.6. Notwithstanding subsection 8.39, 20 subsections 1 and 3, and notwithstanding any other law to the 21 contrary, without the prior written consent and approval of 22 the governor or the department of management, the director 23 of the department of workforce development may transfer 24 any unobligated and unencumbered moneys in any fund under 25 the control of the department of workforce development, 26 including moneys appropriated to the department from the 27 special employment security contingency fund created pursuant 28 to section 96.13, subsection 3, for the purpose of hiring 29 additional occupational safety and health compliance inspectors 30 pursuant to this section. 31 2. a. All transfers made under this section shall be 32 reported to the legislative fiscal committee by the tenth day 33 of the month following the month in which the transfer is made. 34 The report shall contain the following: 35 -17- H8276.4426 (2) 88 ns/tm 17/ 20
(1) The amount of each transfer. 1 (2) The date of each transfer. 2 (3) The departments and funds affected. 3 (4) A brief explanation of the reason for the transfer. 4 (5) Such other information as may be required by the 5 committee. 6 b. A summary of all transfers made under the provisions 7 of this section shall be included in the annual report of the 8 legislative fiscal committee. 9 Sec. ___. EFFECTIVE DATE. This division of this Act, being 10 deemed of immediate importance, takes effect upon enactment. 11 Sec. ___. APPLICABILITY. The section of this division 12 of this Act enacting section 85A.9 applies to employees, as 13 described in section 85A.3, who contract an infectious disease 14 on or after the effective date of this division of this Act. 15 DIVISION ___ 16 IOWA SMALL BUSINESS RELIEF PROGRAM 17 Sec. ___. IOWA SMALL BUSINESS RELIEF PROGRAM. 18 1. Of the moneys received by the state from the federal 19 coronavirus relief fund created pursuant to the federal 20 Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 21 116-136, $50,000,000 shall be transferred within ten calendar 22 days of the effective date of this division of this Act to 23 the small business disaster assistance fund administered by 24 the economic development authority for purposes of awarding 25 grants under the Iowa small business relief program pursuant to 26 subsection 2. 27 2. Within ten calendar days of the effective date of this 28 division of this Act the economic development authority shall 29 begin accepting additional applications for the Iowa small 30 business relief program from small businesses located in Iowa 31 that operated as sole proprietorships or that employed up to 32 fifty people prior to March 17, 2020, and that have experienced 33 a business disruption due to the COVID-19 pandemic. In 34 addition, small businesses that were eligible and applied for 35 -18- H8276.4426 (2) 88 ns/tm 18/ 20
the Iowa small business relief program during the application 1 period that ended March 31, 2020, and that were not awarded a 2 grant are also eligible to apply during the new application 3 period. 4 3. Moneys transferred pursuant to subsection 1 that have not 5 been disbursed as grants under the Iowa small business relief 6 program pursuant to subsection 2 by November 30, 2020, shall 7 revert to the Iowa coronavirus relief fund. 8 Sec. ___. EFFECTIVE DATE. This division of this Act, being 9 deemed of immediate importance, takes effect upon enactment. 10 DIVISION ___ 11 CORONAVIRUS RELIEF FUND —— DOMESTIC VIOLENCE 12 Sec. ___. CORONAVIRUS RELIEF FUND —— DOMESTIC VIOLENCE. 13 1. A portion of the moneys received by the state from the 14 federal coronavirus relief fund created pursuant to the federal 15 Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 16 116-136, shall be appropriated to the department of justice 17 for the fiscal year beginning July 1, 2019, and ending June 18 30, 2020, to provide additional domestic violence prevention 19 resources to existing grant programs, shelters, hotlines, law 20 enforcement, and personnel who provide services to victims of 21 domestic violence. 22 2. Notwithstanding section 8.33, moneys appropriated in 23 this section that remain unencumbered or unobligated at the 24 close of the fiscal year shall not revert but shall remain 25 available for expenditure for the purposes designated until the 26 close of the fiscal year that begins July 1, 2021. 27 Sec. ___. EFFECTIVE DATE. This division of this Act, being 28 deemed of immediate importance, takes effect upon enactment. 29 Sec. ___. RETROACTIVE APPLICABILITY. This division of this 30 Act applies retroactively to July 1, 2019. 31 DIVISION ___ 32 EARLY CHILDHOOD IOWA FUND 33 Sec. ___. EARLY CHILDHOOD IOWA FUND. Of the moneys 34 received by the state from the federal coronavirus relief 35 -19- H8276.4426 (2) 88 ns/tm 19/ 20
fund created pursuant to the federal Coronavirus Aid, Relief, 1 and Economic Security Act, Pub. L. No. 116-136, there is 2 appropriated to the department of education for the fiscal year 3 beginning July 1, 2020, and ending June 30, 2021, the following 4 amount, or so much thereof as is necessary, to be used for the 5 purposes designated: 6 For deposit in the school ready children grants account of 7 the early childhood Iowa fund created in section 256I.11: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 453,256 > 9 3. By renumbering as necessary. 10 ______________________________ HALL of Woodbury -20- H8276.4426 (2) 88 ns/tm 20/ 20 #3.