Senate
File
480
-
Introduced
SENATE
FILE
480
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SF
117)
A
BILL
FOR
An
Act
relating
to
health
care
and
policy,
and
health
care
1
infrastructure
and
integration
of
public
and
private
2
programs,
and
related
matters,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
HEALTH
CARE
INFRASTRUCTURE
——
2
CERTIFICATE
OF
NEED
3
Section
1.
Section
135.61,
subsection
17,
Code
2011,
is
4
amended
by
striking
the
subsection.
5
Sec.
2.
Section
135.61,
subsection
21,
Code
2011,
is
amended
6
to
read
as
follows:
7
21.
“Outpatient
surgical
facility”
means
a
medical
facility
8
which
as
its
primary
function
provides,
through
an
organized
9
medical
staff
and
on
an
outpatient
basis
to
patients
who
are
10
generally
ambulatory,
that
provides
surgical
procedures
not
11
ordinarily
performed
in
a
private
physician’s
office,
but
12
not
requiring
twenty-four
hour
hospitalization,
and
which
is
13
neither
a
part
of
a
hospital
nor
the
private
office
of
a
health
14
care
provider
who
there
engages
in
the
lawful
practice
of
15
surgery
in
at
least
one
dedicated,
fully
equipped
operating
16
room,
which
has
the
capacity
to
permit
administration
of
17
general
anesthesia,
to
patients
who
are
admitted
to
and
18
discharged
from
the
facility
within
the
same
day,
that
meets
19
staffing
and
equipment
requirements
necessary
to
ensure
patient
20
safety
and
quality
care
.
“Outpatient
surgical
facility”
21
includes
a
facility
certified
or
seeking
certification
as
an
22
ambulatory
surgical
center
,
under
the
federal
Medicare
program
23
or
under
the
medical
assistance
program
established
pursuant
to
24
chapter
249A
.
25
Sec.
3.
Section
135.63,
subsection
1,
Code
2011,
is
amended
26
to
read
as
follows:
27
1.
A
new
institutional
health
service
or
changed
28
institutional
health
service
shall
not
be
offered
or
developed
29
in
this
state
without
prior
application
to
the
department
30
for
and
receipt
of
a
certificate
of
need,
pursuant
to
this
31
division
.
The
application
shall
be
made
upon
forms
furnished
32
or
prescribed
by
the
department
and
shall
contain
such
33
information
as
the
department
may
require
under
this
division
.
34
The
application
shall
be
accompanied
by
a
fee
equivalent
to
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three-tenths
of
one
percent
of
the
anticipated
cost
of
the
1
project
with
a
minimum
fee
of
six
hundred
dollars
and
a
maximum
2
fee
of
twenty-one
thousand
dollars.
The
fee
shall
be
remitted
3
retained
by
the
department
to
the
treasurer
of
state,
who
shall
4
place
it
in
the
general
fund
of
the
state
for
administration
5
and
fulfillment
of
the
duties
set
out
in
this
division
VI
of
6
this
chapter.
Revenues
retained
by
the
department
under
this
7
section
shall
be
considered
repayment
receipts
as
defined
in
8
section
8.2.
Notwithstanding
section
8.33,
moneys
retained
9
by
the
department
pursuant
to
this
section
are
not
subject
to
10
reversion
to
the
general
fund
of
the
state.
If
an
application
11
is
voluntarily
withdrawn
within
thirty
calendar
days
after
12
submission,
seventy-five
percent
of
the
application
fee
shall
13
be
refunded;
if
the
application
is
voluntarily
withdrawn
more
14
than
thirty
but
within
sixty
days
after
submission,
fifty
15
percent
of
the
application
fee
shall
be
refunded;
if
the
16
application
is
withdrawn
voluntarily
more
than
sixty
days
17
after
submission,
twenty-five
percent
of
the
application
fee
18
shall
be
refunded.
Notwithstanding
the
required
payment
of
an
19
application
fee
under
this
subsection
,
an
applicant
for
a
new
20
institutional
health
service
or
a
changed
institutional
health
21
service
offered
or
developed
by
an
intermediate
care
facility
22
for
persons
with
mental
retardation
or
an
intermediate
care
23
facility
for
persons
with
mental
illness
as
defined
pursuant
to
24
section
135C.1
is
exempt
from
payment
of
the
application
fee.
25
Sec.
4.
Section
135.63,
subsection
2,
paragraph
l,
Code
26
2011,
is
amended
by
striking
the
paragraph
and
inserting
in
27
lieu
thereof
the
following:
28
l.
The
repair,
remodeling,
or
renovation
of
any
29
institutional
health
facility
necessary
to
meet
federal
or
30
state
compliance
if
the
repair,
remodeling,
or
renovation
does
31
not
add
new
health
services
or
additional
bed
capacity
for
32
existing
health
services,
notwithstanding
any
provision
of
this
33
division
to
the
contrary.
34
Sec.
5.
Section
135.63,
subsection
2,
paragraphs
n
and
o,
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Code
2011,
are
amended
to
read
as
follows:
1
n.
Hospice
services
provided
by
a
hospital
,
notwithstanding
2
any
provision
in
this
division
to
the
contrary.
3
o.
The
change
in
ownership
,
licensure,
or
organizational
4
structure
,
or
designation
of
the
type
of
institutional
health
5
facility
if
the
health
services
offered
by
the
successor
6
institutional
health
facility
are
unchanged.
This
exclusion
is
7
applicable
only
if
the
institutional
health
facility
consents
8
to
the
change
in
ownership
,
licensure,
or
organizational
9
structure
,
or
designation
of
the
type
of
institutional
health
10
facility
and
ceases
offering
the
health
services
simultaneously
11
with
the
initiation
of
the
offering
of
health
services
by
the
12
successor
institutional
health
facility.
13
DIVISION
II
14
OFFICE
OF
HEALTH
POLICY
15
Sec.
6.
Section
135.163,
Code
2011,
is
amended
to
read
as
16
follows:
17
135.163
Health
and
long-term
care
access
Office
of
health
18
policy
.
19
1.
The
An
office
of
health
policy
is
created
in
the
20
department
shall
coordinate
to
integrate
public
and
private
21
efforts
to
develop
in
formulating
and
implementing
a
state
22
health
policy
agenda.
The
department
shall
coordinate
the
23
efforts
of
appropriate
divisions
within
the
department
to
24
support
the
work
of
the
office.
The
state
health
policy
agenda
25
shall
accomplish
all
of
the
following:
26
a.
Develop
and
maintain
an
appropriate
health
care
delivery
27
infrastructure
and
a
stable,
well-qualified,
diverse,
and
28
sustainable
health
care
workforce
in
this
state.
The
health
29
care
delivery
infrastructure
and
the
health
care
workforce
30
shall
address
the
broad
spectrum
of
health
care
needs
of
Iowans
31
throughout
their
lifespan
including
long-term
care
needs.
32
b.
Establish
a
methodology
and
process
to
achieve
cultural
33
transformation
that
emphasizes
health
and
wellness
by
removing
34
barriers
across
the
spectrum
of
personal,
professional,
and
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community
constructs
to
empower
individual
behavioral
and
1
systemic
change.
2
c.
Provide
for
the
collection,
analysis,
and
use
of
cost
3
and
quality
data
to
inform
decisions
by
individual
consumers,
4
businesses,
and
policymakers
in
determining
the
most
effective
5
and
efficient
use
of
resources
in
arriving
at
economically
6
sustainable
health
care
outcomes.
7
2.
The
office
shall
be
staffed
by
a
coordinator
who
is
8
a
health
economist.
The
coordinator
may
utilize
existing
9
councils
and
workgroups
as
necessary
and
shall
establish
10
a
technical
advisory
council
to
assist
in
the
development
11
of
policy
priorities
and
the
strategic
plan
described
in
12
subsection
3.
The
technical
advisory
council
shall
include
13
but
is
not
limited
to
representatives
of
the
university
of
14
Iowa
college
of
public
health
and
the
university
of
Iowa
15
public
policy
center,
health
planners,
health
care
consumers,
16
health
care
purchasers,
state
and
local
agencies
that
regulate
17
entities
involved
in
health
care,
health
care
providers,
and
18
health
care
facilities.
19
3.
The
department
office
of
health
policy
shall,
at
a
20
minimum,
do
all
of
the
following:
21
1.
a.
Develop
a
strategic
plan
for
health
care
delivery
22
infrastructure
and
health
care
workforce
resources
in
this
23
state
in
accordance
with
section
135.164
.
The
office
shall
24
act
as
an
ongoing
resource
to
the
health
facilities
council
in
25
evaluating
and
updating
the
certificate
of
need
program.
26
2.
b.
Provide
for
the
continuous
collection
of
data
to
27
provide
a
basis
for
health
care
strategic
planning
and
health
28
care
policymaking
decision
making
by
individual
consumers,
29
businesses,
and
policymakers
.
30
3.
Make
recommendations
regarding
the
health
care
delivery
31
infrastructure
and
the
health
care
workforce
that
assist
32
in
monitoring
current
needs,
predicting
future
trends,
and
33
informing
policymaking.
34
c.
Develop
and
implement
a
blueprint
to
make
Iowa
one
of
the
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healthiest
states
by
the
year
2014.
1
Sec.
7.
Section
135.164,
Code
2011,
is
amended
to
read
as
2
follows:
3
135.164
Strategic
plan.
4
1.
Development
of
a
strategic
plan.
The
office
5
shall
develop
a
strategic
plan
for
health
care
delivery
6
infrastructure
and
health
care
workforce
resources
.
The
7
strategic
plan
shall
describe
the
existing
health
care
system,
8
describe
and
provide
a
rationale
for
the
desired
health
9
care
system,
provide
an
action
plan
for
implementation
of
10
changes
necessary
to
achieve
the
desired
health
care
system
,
11
and
provide
methods
to
evaluate
the
system.
The
plan
shall
12
incorporate
expenditure
control
methods
and
integrate
criteria
13
for
evidence-based
health
care.
The
department
office
shall
14
do
all
of
the
following
in
developing
the
strategic
plan
for
15
health
care
delivery
infrastructure
and
health
care
workforce
16
resources
:
17
a.
Conduct
strategic
health
planning
activities
related
to
18
preparation
of
the
strategic
plan.
19
b.
Develop
a
computerized
system
for
accessing,
analyzing,
20
and
disseminating
data
relevant
to
strategic
health
planning.
21
The
department
office
may
enter
into
data
sharing
agreements
22
and
contractual
arrangements
necessary
to
obtain
or
disseminate
23
relevant
data.
24
c.
Conduct
research
and
analysis
or
arrange
for
research
25
and
analysis
projects
to
be
conducted
by
public
or
private
26
organizations
to
further
the
development
of
the
strategic
plan.
27
d.
Establish
a
technical
advisory
committee
to
assist
in
28
the
development
of
the
strategic
plan.
The
members
of
the
29
committee
may
include
but
are
not
limited
to
health
economists,
30
representatives
of
the
university
of
Iowa
college
of
public
31
health,
health
planners,
representatives
of
health
care
32
purchasers,
representatives
of
state
and
local
agencies
that
33
regulate
entities
involved
in
health
care,
representatives
34
of
health
care
providers
and
health
care
facilities,
and
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consumers.
1
2.
Guiding
principles.
The
strategic
plan
shall
include
2
statewide
health
planning
policies
and
goals
related
to
the
3
availability
of
health
care
facilities
and
services,
the
4
availability
of
appropriate
health
care
workforce
resources,
5
health
and
wellness
promotion,
the
quality
of
care,
and
the
6
cost
of
care.
The
policies
and
goals
shall
be
based
on
the
7
following
principles:
8
a.
That
a
strategic
health
planning
process,
responsive
to
9
changing
health
and
social
needs
and
conditions,
is
essential
10
to
the
health,
safety,
and
welfare
of
Iowans.
The
process
11
shall
be
reviewed
and
updated
as
necessary
to
ensure
that
the
12
strategic
plan
addresses
all
of
the
following:
13
(1)
Promoting
and
maintaining
the
health
of
all
Iowans.
14
(2)
Providing
accessible
health
care
services
through
the
15
maintenance
of
an
adequate
appropriate
and
sustainable
supply
16
of
health
facilities
and
an
adequate
a
competent
workforce
17
reserve
.
18
(3)
Controlling
excessive
increases
in
costs.
19
(4)
Applying
specific
quality
criteria
and
population
20
health
indicators.
21
(5)
Recognizing
prevention
and
wellness
as
priorities
in
22
health
care
programs
to
improve
quality
and
reduce
costs
and
23
promoting
prevention
and
wellness
across
all
sectors
to
improve
24
individual
well-being
and
health
outcomes,
while
reducing
human
25
and
financial
costs
.
26
(6)
Addressing
periodic
priority
issues
including
disaster
27
planning,
public
health
threats,
and
public
safety
dilemmas.
28
(7)
Coordinating
health
care
delivery
and
resource
29
development
efforts
among
state
agencies
including
those
tasked
30
with
facility,
services,
and
professional
provider
licensure;
31
state
and
federal
reimbursement;
health
service
utilization
32
data
systems;
and
others.
33
(8)
Recognizing
long-term
care
as
an
integral
component
of
34
the
health
care
delivery
infrastructure
and
as
an
essential
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service
provided
by
the
health
care
workforce.
1
b.
That
both
consumers
and
providers
throughout
the
state
2
must
be
involved
in
the
health
planning
process,
outcomes
of
3
which
shall
be
clearly
articulated
and
available
for
public
4
review
and
use.
5
c.
That
the
supply
of
a
health
care
service
has
a
6
substantial
impact
on
utilization
of
the
service,
independent
7
of
the
effectiveness,
medical
necessity,
or
appropriateness
of
8
the
particular
health
care
service
for
a
particular
individual.
9
d.
That
given
that
health
care
resources
are
not
unlimited,
10
the
impact
of
any
new
health
care
service
or
facility
on
11
overall
health
expenditures
in
this
state
must
be
considered.
12
e.
That
excess
capacity
of
health
care
services
and
13
facilities
places
an
increased
economic
burden
on
the
public.
14
f.
That
the
likelihood
that
a
requested
new
health
care
15
facility,
service,
or
equipment
will
improve
health
care
16
quality
and
outcomes
must
be
considered.
17
g.
That
development
and
ongoing
maintenance
of
current
and
18
accurate
health
care
information
and
statistics
related
to
cost
19
and
quality
of
health
care
and
projections
of
the
need
for
20
health
care
facilities
and
services
are
necessary
to
developing
21
an
effective
health
care
planning
strategy.
22
h.
That
the
certificate
of
need
program
as
a
component
23
of
the
health
care
planning
regulatory
process
must
balance
24
considerations
of
access
to
quality
care
at
a
reasonable
25
cost
for
all
Iowans,
optimal
use
of
existing
health
care
26
resources,
fostering
of
expenditure
control,
and
elimination
of
27
unnecessary
duplication
of
health
care
facilities
and
services,
28
while
supporting
improved
health
care
outcomes.
29
i.
That
strategic
health
care
planning
must
be
concerned
30
with
the
stability
of
the
health
care
system,
encompassing
31
health
care
financing,
quality,
and
the
availability
of
32
information
and
services
for
all
residents.
33
3.
Components
of
the
strategic
plan.
The
health
care
34
delivery
infrastructure
and
health
care
workforce
resources
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strategic
plan
developed
by
the
department
office
shall
include
1
all
of
the
following:
2
a.
Assessment
and
objectives.
A
health
care
system
3
assessment
and
objectives
component
that
does
all
of
the
4
following:
5
(1)
Describes
state
and
regional
population
demographics,
6
health
status
indicators,
and
trends
in
health
status
and
7
health
care
needs.
8
(2)
Identifies
key
policy
objectives
for
the
state
health
9
care
system
related
to
access
to
care,
health
care
outcomes,
10
quality,
and
cost-effectiveness.
11
b.
Certificate
of
need
determinations.
A
health
care
12
facilities
and
services
plan
that
assesses
the
demand
for
13
health
care
facilities
and
services
to
inform
state
health
care
14
planning
efforts
and
direct
certificate
of
need
determinations
15
for
those
facilities
and
services
subject
to
certificate
of
16
need.
The
plan
shall
include
all
of
the
following:
17
(1)
An
inventory
of
each
geographic
region’s
existing
18
health
care
facilities
and
services.
19
(2)
Projections
of
the
need
for
each
category
of
health
care
20
facility
and
service,
including
those
subject
to
certificate
21
of
need.
22
(3)
Policies
to
guide
the
addition
of
new
or
expanded
health
23
care
facilities
and
services
to
promote
the
use
of
quality,
24
evidence-based,
cost-effective
health
care
delivery
options,
25
including
any
recommendations
for
criteria,
standards,
and
26
methods
relevant
to
the
certificate
of
need
review
process.
27
(4)
An
assessment
of
the
availability
of
health
28
care
providers,
public
health
resources,
transportation
29
infrastructure,
and
other
considerations
necessary
to
support
30
the
needed
health
care
facilities
and
services
in
each
region
.
31
(5)
An
analysis
of
and
recommended
revisions
to
division
VI
32
of
this
chapter
to
direct
certificate
of
need
determinations
in
33
a
manner
that
reflects
the
statewide
health
planning
policies
34
and
goals
specified
in
subsection
2.
The
analysis
shall
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specifically
address
inclusions
in
and
exclusions
from
the
1
certificate
of
need
process
and
whether
the
exclusions
comport
2
with
the
policies
and
goals
specified
in
subsection
2.
3
c.
Data
resources.
A
health
care
data
resources
plan
that
4
identifies
data
elements
necessary
to
properly
conduct
planning
5
activities
and
to
review
certificate
of
need
applications,
6
including
data
related
to
inpatient
and
outpatient
utilization
7
and
outcomes
information,
and
financial
and
utilization
8
information
related
to
charity
care,
quality,
and
cost.
The
9
plan
shall
provide
all
of
the
following:
10
(1)
An
inventory
of
existing
data
resources,
both
public
11
and
private,
that
store
and
disclose
information
relevant
12
to
the
health
care
planning
process,
including
information
13
necessary
to
conduct
certificate
of
need
activities.
The
plan
14
shall
identify
any
deficiencies
in
the
inventory
of
existing
15
data
resources
and
the
data
necessary
to
conduct
comprehensive
16
health
care
planning
activities.
The
plan
may
recommend
that
17
the
department
office
be
authorized
to
access
existing
data
18
sources
and
conduct
appropriate
analyses
of
such
data
or
19
that
other
agencies
expand
their
data
collection
activities
20
as
statutory
authority
permits.
The
plan
may
identify
any
21
computing
information
technology
infrastructure
deficiencies
22
that
impede
the
proper
storage,
transmission,
and
analysis
of
23
health
care
planning
data.
24
(2)
Recommendations
for
increasing
the
availability
of
data
25
related
to
health
care
planning
to
provide
greater
community
26
involvement
in
the
health
care
planning
process
and
consistency
27
in
data
used
for
certificate
of
need
applications
and
28
determinations.
The
plan
shall
also
integrate
the
requirements
29
for
annual
reports
by
hospitals
and
health
care
facilities
30
pursuant
to
section
135.75
,
the
provisions
relating
to
analyses
31
and
studies
by
the
department
pursuant
to
section
135.76
,
32
the
data
compilation
provisions
of
section
135.78
,
and
the
33
provisions
for
contracts
for
assistance
with
analyses,
studies,
34
and
data
pursuant
to
section
135.83
.
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d.
e.
Evaluation
of
trends.
An
assessment
of
emerging
1
trends
in
health
care
delivery
and
technology
as
they
relate
to
2
access
to
health
care
facilities
and
services,
quality
of
care,
3
and
costs
of
care.
The
assessment
shall
recommend
any
changes
4
to
the
scope
of
health
care
facilities
and
services
covered
by
5
the
certificate
of
need
program
that
may
be
warranted
by
these
6
emerging
trends.
In
addition,
the
assessment
may
recommend
7
any
changes
to
criteria
used
by
the
department
to
review
8
certificate
of
need
applications,
as
necessary.
9
e.
f.
Rural
health
care
resources
plan.
A
rural
health
care
10
resources
plan
to
assess
the
availability
of
health
resources
11
in
rural
areas
of
the
state,
assess
the
unmet
needs
of
these
12
communities,
and
evaluate
how
federal
and
state
reimbursement
13
policies
can
be
modified,
if
necessary,
to
more
efficiently
and
14
effectively
meet
the
health
care
needs
of
rural
communities.
15
The
plan
shall
consider
the
unique
health
care
needs
of
rural
16
communities,
the
adequacy
of
the
rural
health
care
workforce,
17
and
transportation
needs
for
accessing
appropriate
care.
18
f.
g.
Workforce
resources
plan.
A
health
care
workforce
19
resources
plan
to
assure
a
competent,
diverse,
and
sustainable
20
health
care
workforce
in
Iowa
and
to
improve
access
to
health
21
care
in
underserved
areas
and
among
underserved
populations.
22
The
plan
shall
include
the
establishment
of
an
advisory
council
23
to
inform
and
advise
the
department
and
policymakers
regarding
24
issues
relevant
to
the
health
care
workforce
in
Iowa.
The
25
health
care
workforce
resources
plan
shall
recognize
long-term
26
care
as
an
essential
service
provided
by
the
health
care
27
workforce.
28
h.
Blueprint
for
a
healthy
Iowa.
A
blueprint
for
a
29
healthy
Iowa
to
provide
a
methodology
and
process
for
cultural
30
transformation
that
emphasizes
health
and
wellness
by
removing
31
barriers
across
the
spectrum
of
personal,
professional,
and
32
community
constructs
to
empower
individual
behavioral
and
33
systemic
change.
The
blueprint
shall
provide
for
coordination
34
of
existing
public
and
private
health
and
wellness
initiatives
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and
shall
include
recommendations
for
replication
of
health
and
1
wellness
initiatives
for
which
evidence-based
success
has
been
2
demonstrated.
3
i.
Long-term
living
plan.
A
long-term
living
plan
that
4
reflects
the
intent
specified
in
section
231F.1
in
a
manner
5
that
most
effectively
and
efficiently
meets
the
needs
of
6
Iowa’s
population.
The
plan
may
include
recommendations
7
for
modification
of
requirements
for
certificate
of
need
8
determinations,
health
care
workforce
requirements,
and
funding
9
to
promote
the
specified
intent.
10
4.
The
department
shall
submit
the
initial
statewide
health
11
care
delivery
infrastructure
and
resources
strategic
plan
to
12
the
governor
and
the
general
assembly
by
January
1,
2010,
and
13
shall
submit
an
updated
strategic
plan
to
the
governor
and
the
14
general
assembly
every
two
years
thereafter.
15
4.
The
office
shall
develop
a
timeline
for
completion
and
16
submission
of
the
various
components
of
the
strategic
plan
to
17
the
governor
and
the
general
assembly
and
shall
submit
the
18
proposed
timeline
to
the
governor
and
the
general
assembly
by
19
October
1,
2011.
The
component
relating
to
certificate
of
20
need
determinations
shall
be
completed
and
submitted
to
the
21
governor
and
the
general
assembly
by
October
1,
2011.
The
22
office
may
contract
with
public
or
private
entities
to
provide
23
impartial,
evidence-based
research
and
analysis
in
developing
24
this
component
of
the
strategic
plan.
25
Sec.
8.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
26
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
27
enactment.
28
DIVISION
III
29
MEDICATION
THERAPY
MANAGEMENT
30
Sec.
9.
NEW
SECTION
.
135P.1
Medication
therapy
management.
31
1.
As
used
in
this
chapter,
unless
the
context
otherwise
32
requires:
33
a.
“Eligible
employee”
means
an
employee
of
the
state
34
including
an
employee
of
the
state
board
of
regents
or
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institutions
under
the
state
board
of
regents
for
whom
group
1
health
plans
are
established
pursuant
to
chapter
509A
providing
2
for
third-party
payment
or
prepayment
for
health
or
medical
3
expenses,
and
employees
of
a
governmental
subdivision
for
whom
4
the
governmental
subdivision
provides
for
third-party
payment
5
or
prepayment
for
health
or
medical
expenses.
6
b.
“Medication
therapy
management”
means
a
systematic
7
process
performed
by
a
licensed
pharmacist,
designed
to
8
optimize
therapeutic
outcomes
through
improved
medication
use
9
and
reduced
risk
of
adverse
drug
events,
including
all
of
the
10
following
services:
11
(1)
A
medication
therapy
review
and
in-person
consultation
12
relating
to
all
medications,
vitamins,
and
herbal
supplements
13
currently
being
taken
by
an
eligible
individual.
14
(2)
A
medication
action
plan,
subject
to
the
limitations
15
specified
in
this
section,
communicated
to
the
individual
and
16
the
individual’s
primary
care
physician
or
other
appropriate
17
prescriber
to
address
safety
issues,
inconsistencies,
18
duplicative
therapy,
omissions,
and
medication
costs.
The
19
medication
action
plan
may
include
recommendations
to
the
20
prescriber
for
changes
in
drug
therapy.
21
(3)
Documentation
and
follow-up
to
ensure
consistent
levels
22
of
pharmacy
services
and
positive
outcomes.
23
2.
a.
The
department
of
administrative
services
shall,
and
24
the
state
board
of
regents
and
governmental
subdivisions
at
25
the
election
of
the
state
board
of
regents
or
the
governmental
26
subdivision
respectively
may,
utilize
a
request
for
proposals
27
process
to
contract
for
the
provision
of
medication
therapy
28
management
services
for
eligible
employees
who
meet
any
of
the
29
following
criteria:
30
(1)
An
individual
who
takes
four
or
more
prescription
drugs
31
to
treat
or
prevent
two
or
more
chronic
medical
conditions.
32
(2)
An
individual
with
a
prescription
drug
therapy
problem
33
who
is
identified
by
the
prescribing
physician
or
other
34
appropriate
prescriber,
and
referred
to
a
pharmacist
for
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medication
therapy
management
services.
1
(3)
An
individual
who
meets
other
criteria
established
by
2
the
third-party
payment
provider
contract,
policy,
or
plan.
3
b.
For
any
contract
for
medication
therapy
management
4
services
for
eligible
employees
of
the
state
under
the
purview
5
of
the
department
of
administrative
services
all
of
the
6
following
shall
apply:
7
(1)
The
department
shall
utilize
an
advisory
committee
8
comprised
of
an
equal
number
of
physicians
and
pharmacists
to
9
provide
advice
and
oversight
regarding
the
contract
and
the
10
evaluation
processes.
The
department
shall
appoint
the
members
11
of
the
advisory
committee
from
designees
of
the
Iowa
pharmacy
12
association,
the
Iowa
medical
society,
and
the
Iowa
osteopathic
13
medical
association.
14
(2)
The
contract
shall
require
the
contractor
to
provide
15
annual
reports
to
the
general
assembly
detailing
the
costs,
16
savings,
estimated
cost
avoidance
and
return
on
investment,
and
17
patient
outcomes
related
to
the
medication
therapy
management
18
services
provided.
The
contractor
shall
guarantee
demonstrated
19
annual
savings,
including
any
savings
associated
with
cost
20
avoidance
at
least
equal
to
the
contract’s
costs
with
any
21
shortfall
amount
refunded
to
the
state.
The
department
and
the
22
contractor
shall
agree
on
the
terms,
conditions,
and
applicable
23
measurement
standards
associated
with
the
demonstration
of
24
savings.
The
department
shall
verify
that
the
demonstrated
25
savings
reported
by
the
contractor
were
attained
in
accordance
26
with
the
agreed
upon
measurement
standards.
The
contractor
27
shall
be
prohibited
from
using
the
contractor’s
employees
to
28
provide
the
medication
therapy
management
services
and
shall
29
instead
be
required
to
contract
with
licensed
pharmacies,
30
pharmacists,
or
physicians.
31
c.
The
fees
for
pharmacist-delivered
medication
therapy
32
management
services
shall
be
separate
from
the
reimbursement
33
for
prescription
drug
product
or
dispensing
services;
shall
34
be
determined
by
each
third-party
payment
provider
contract,
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policy,
or
plan;
and
must
be
reasonable
based
on
the
resources
1
and
time
required
to
provide
the
service.
2
d.
A
fee
shall
be
established
for
physician
reimbursement
3
for
services
delivered
for
medication
therapy
management
as
4
determined
by
each
third-party
payment
provider
contract,
5
policy,
or
plan,
and
must
be
reasonable
based
on
the
resources
6
and
time
required
to
provide
the
service.
7
e.
If
any
part
of
the
medication
therapy
management
8
plan
developed
by
a
pharmacist
incorporates
services
which
9
are
outside
the
pharmacist’s
independent
scope
of
practice
10
including
the
initiation
of
therapy,
modification
of
dosages,
11
therapeutic
interchange,
or
changes
in
drug
therapy,
the
12
express
authorization
of
the
individual’s
physician
or
other
13
appropriate
prescriber
is
required.
14
Sec.
10.
APPLICATION.
The
department
of
administrative
15
services
shall
continue
to
contract
for
the
provision
of
16
medication
therapy
management
services
under
the
initial
17
contract
entered
into
pursuant
to
2010
Iowa
Acts,
chapter
1193,
18
section
166.
Upon
completion
of
the
initial
contract
term,
19
the
department
shall
utilize
a
request
for
proposals
process
20
to
subsequently
contract
for
medication
therapy
management
21
services
pursuant
to
section
135P.1
as
enacted
in
this
Act.
22
Sec.
11.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
23
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
24
enactment.
25
DIVISION
IV
26
DIRECTIVES
FOR
INTEGRATION
OF
PUBLIC
AND
PRIVATE
PROGRAMS
27
Sec.
12.
PLAN
FOR
SEAMLESS
PUBLIC
AND
PRIVATE
PROGRAM
28
INTEGRATION
IN
IOWA
HEALTH
BENEFIT
EXCHANGE.
The
department
29
of
human
services,
division
of
insurance
of
the
department
of
30
commerce,
department
of
public
health,
department
of
revenue,
31
department
of
workforce
development,
and
other
appropriate
32
agencies,
shall
develop
a
plan
to
meet
the
requirements
of
the
33
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
34
No.
111-148,
relating
to
a
health
benefit
exchange.
The
plan
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shall
address
issues
relating
to
eligibility
determinations
1
for
Medicaid,
hawk-i,
and
tax
credit
subsidies;
information
2
technology
and
process
reengineering;
necessary
policy,
3
statutory,
and
regulatory
changes;
financing;
and
tools
4
and
strategies
necessary
for
implementation.
The
plan
5
shall
provide
for
integration
and
seamless
operation
of
the
6
eligibility
system,
which
shall
be
housed
within
the
department
7
of
human
services,
with
the
Iowa
health
benefit
exchange,
if
8
created.
The
departments
shall
submit
a
joint
plan
to
the
9
joint
appropriations
subcommittee
on
health
and
human
services
10
by
October
15,
2011.
11
Sec.
13.
BENCHMARK
PLAN
DEVELOPMENT
——
ANALYSIS
OF
12
INCLUSION
OF
BEHAVIORAL
HEALTH
BENEFITS.
The
department
of
13
human
services
shall
analyze
how
the
inclusion
of
behavioral
14
health
benefits
in
a
benchmark
plan
developed
under
the
15
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
No.
16
111-148,
would
impact
the
delivery
and
financing
of
behavioral
17
health
services
in
the
state.
The
department
shall
report
its
18
findings
to
the
joint
appropriations
subcommittee
on
health
and
19
human
services
no
later
than
sixty
days
following
the
receipt
20
of
federal
directives
or
regulations
regarding
requirements
for
21
benchmark
plans.
22
Sec.
14.
FEDERAL
FUNDING
OPPORTUNITIES.
The
department
23
of
human
services,
department
of
public
health,
division
of
24
insurance
of
the
department
of
commerce,
and
other
affected
25
state
agencies
shall
pursue
all
federal
funding
opportunities
26
under
the
federal
Patient
Protection
and
Affordable
Care
Act,
27
Pub.
L.
No.
111-148,
including
but
not
limited
to
funding
28
relating
to
implementation
funding
for
the
health
benefit
29
exchange
and
eligibility
system
planning
and
implementation.
30
The
departments
shall
coordinate
efforts
to
the
maximum
extent
31
possible
and
shall
report
their
activities
on
a
monthly
basis
32
to
the
joint
appropriations
subcommittee
on
health
and
human
33
services.
34
Sec.
15.
ALL-PAYER
CLAIMS
DATABASE
PLAN.
The
department
of
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human
services
shall
develop
a
plan
to
establish
an
all-payer
1
claims
database
to
provide
for
the
collection
and
analysis
of
2
claims
data
from
multiple
payers
of
health
care.
The
plan
3
shall
establish
the
goals
of
the
database
which
may
include
4
but
are
not
limited
to
determining
health
care
utilization
5
patterns
and
rates;
identifying
gaps
in
prevention
and
health
6
promotion
services;
evaluating
access
to
care;
assisting
with
7
benefit
design
and
planning;
analyzing
statewide
and
local
8
health
care
expenditures
by
provider,
employer,
and
geography;
9
informing
the
development
of
payment
systems
for
providers;
and
10
establishing
clinical
guidelines
related
to
quality,
safety,
11
and
continuity
of
care.
The
plan
shall
identify
a
standard
12
means
of
data
collection,
statutory
changes
necessary
to
the
13
collection
and
use
of
the
data,
and
the
types
of
claims
for
14
which
collection
of
data
is
required
which
may
include
but
are
15
not
limited
to
eligibility
data;
provider
information;
medical
16
data;
private
and
public
medical,
pharmacy,
and
dental
claims
17
data;
and
other
appropriate
data.
The
plan
shall
also
include
18
an
implementation
and
maintenance
schedule
including
a
proposed
19
budget
and
funding
plan
and
vision
for
the
future.
20
Sec.
16.
PROVIDER
PAYMENT
SYSTEM
PLAN
——
PILOT
PROJECT.
21
1.
The
department
of
human
services
shall
develop
a
provider
22
payment
system
plan
to
provide
recommendations
to
reform
the
23
health
care
provider
payment
system
as
an
effective
way
to
24
promote
coordination
of
care,
lower
costs,
and
improve
quality.
25
The
plan
shall
provide
analysis
and
recommendations
regarding
26
but
not
limited
to
accountable
care
organizations,
a
global
27
payment
system,
or
an
episode
of
care
payment
system.
28
2.
a.
If
an
entity
applies
for
certification
from
the
29
secretary
of
the
United
States
department
of
health
and
30
human
services
prior
to
January
1,
2012,
and
is
subsequently
31
certified
to
administer
an
accountable
care
organization
32
pilot
project,
pursuant
to
the
federal
Patient
Protection
and
33
Accountability
Act,
Pub.
L.
No.
111-148,
the
department
of
34
human
services
shall
work
with
the
entity
to
provide
access
to
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the
complete
deidentified
claims
data
of
the
medical
assistance
1
recipients
receiving
health
care
services
through
the
pilot
2
project
for
the
purposes
of
identifying
areas
of
utilization,
3
need,
and
potential
cost
savings
to
the
medical
assistance
4
program.
The
department
shall
also
employ
new
payment
models,
5
information
technology,
and
data
analytics
provisions
necessary
6
to
the
administration
of
the
pilot
project.
7
b.
The
department
of
human
services
shall
work
with
8
an
entity
to
administer
an
accountable
care
organization
9
pilot
project,
only
if
the
entity
meets
all
of
the
following
10
requirements:
11
(1)
At
a
minimum,
includes
the
participation
of
a
12
prospective
payment
system
hospital,
ten
primary
care
13
physicians,
a
home
health
care
practice,
a
palliative
care
14
services,
a
hospice
service,
and
a
community
mental
health
15
center,
all
of
which
agree
to
be
paid
under
a
partial
or
global
16
payment
for
identified
services.
17
(2)
Requires
all
participating
providers
to
utilize
18
electronic
health
records.
19
(3)
Includes
delivery
of
mental
health
services
to
20
recipients
of
medical
assistance
through
collaboration
with
the
21
regional
community
mental
health
center,
a
federally
qualified
22
health
center,
and
at
least
one
nursing
facility.
23
c.
The
entity
certified
to
implement
the
pilot
project
shall
24
report
to
the
joint
appropriations
subcommittee
for
health
and
25
human
services
during
the
2012
legislative
session
detailing
26
the
progress
and
expected
outcomes
of
the
pilot
project.
27
Sec.
17.
EFFECTIVE
UPON
ENACTMENT.
This
division
of
this
28
Act,
being
deemed
of
immediate
importance,
takes
effect
upon
29
enactment.
30
EXPLANATION
31
This
bill
relates
to
health
care
and
health
policy.
32
Division
I
of
the
bill
relates
to
certificate
of
need
33
determinations.
The
bill
amends
certificate
of
need
34
exclusions
relating
to
institutional
health
facilities,
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including
outpatient
surgical
facilities,
hospitals,
and
1
nursing
facilities.
The
bill
also
provides
for
retention
of
2
certificate
of
need
fees
by
the
department
for
administration
3
of
the
program.
4
Division
II
of
the
bill
relates
to
the
office
of
health
5
policy.
Current
law
directs
DPH
to
coordinate
public
and
6
private
efforts
to
develop
and
maintain
an
appropriate
health
7
care
infrastructure
and
workforce,
to
develop
a
strategic
plan
8
to
address
various
components
of
the
health
care
infrastructure
9
and
workforce,
and
to
utilize
a
technical
advisory
committee
10
to
assist
in
the
development
of
the
strategic
plan.
Under
11
the
bill,
the
office
of
health
policy
is
created
in
DPH
to
12
fulfill
the
duties
of
the
department
in
integrating
public
and
13
private
efforts
in
formulating
and
implementing
a
state
health
14
policy
agenda
that
addresses
the
health
care
infrastructure
15
and
workforce,
cultural
transformation
to
emphasize
health
and
16
wellness
across
all
sectors,
and
the
collection,
analysis,
17
and
use
of
cost
and
quality
data.
The
bill
provides
that
the
18
coordinator
of
the
office
is
to
be
a
health
economist
and
19
directs
the
office
to
establish
a
technical
advisory
council
20
to
assist
the
office
in
development
of
policy
priorities
and
21
the
strategic
plan.
22
The
bill
specifies
the
duties
of
the
office
relating
to
23
development
of
a
strategic
plan,
collection
of
data,
and
24
development
of
a
blueprint
to
make
Iowa
one
of
the
healthiest
25
states
by
the
year
2014.
26
The
bill
specifies
the
components
of
the
strategic
plan
27
including
the
addressing
of
a
health
care
system
assessment
and
28
objectives;
certificate
of
need
determinations;
data
resources;
29
evaluation
of
trends;
rural
health
care
resources;
workforce
30
resources;
a
blueprint
for
a
healthy
Iowa;
and
long-term
31
living.
32
The
bill
directs
the
office
of
health
policy
to
develop
a
33
timeline
for
completion
and
submission
of
the
components
of
34
the
strategic
plan
to
the
governor
and
the
general
assembly.
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The
bill
directs
the
office
to
complete
and
submit
the
1
components
relating
to
certificate
of
need
determinations
to
2
the
governor
and
the
general
assembly
by
October
1,
2011.
The
3
bill
authorizes
the
office
to
contract
with
public
or
private
4
entities
to
provide
impartial,
evidence-based
research
and
5
analysis
in
developing
this
component
of
the
strategic
plan.
6
Division
II
takes
effect
upon
enactment.
7
Division
III
of
the
bill
relates
to
medication
therapy
8
management.
The
bill
codifies
the
pilot
program
for
medication
9
therapy
management
implemented
on
July
1,
2010,
for
eligible
10
state
employees
and
authorizes
employees
of
the
state
board
11
of
regents
or
institutions
under
the
state
board
of
regents
12
and
employees
of
governmental
subdivisions
at
the
election
13
of
the
governmental
subdivision
to
participate
in
medication
14
therapy
management
through
a
request
for
proposals
process
if
15
so
determined
by
the
authorizing
entity.
Division
III
takes
16
effect
upon
enactment.
17
Division
IV
of
the
bill
provides
directives
to
state
18
departments
relative
to
provisions
in
the
federal
Patient
19
Protection
and
Affordability
Act.
20
Division
IV
directs
the
department
of
human
services,
21
division
of
insurance,
department
of
public
health,
22
department
of
revenue,
department
of
workforce
development,
23
and
other
appropriate
agencies,
to
develop
a
plan
to
meet
24
the
requirements
of
the
federal
Act
relating
to
a
health
25
benefit
exchange.
The
plan
is
to
address
issues
relating
to
26
eligibility
determinations
for
Medicaid,
hawk-i,
and
tax
credit
27
subsidies;
information
technology
and
process
reengineering;
28
necessary
policy,
statutory,
and
regulatory
changes;
financing;
29
and
tools
and
strategies
necessary
for
implementation.
The
30
plan
is
to
provide
for
integration
and
seamless
operation
31
of
the
eligibility
system,
which
shall
be
housed
within
the
32
department
of
human
services,
with
the
Iowa
health
benefit
33
exchange,
if
created.
The
plan
is
to
be
submitted
by
October
34
15,
2011.
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Division
IV
directs
the
department
of
human
services
to
1
analyze
how
the
inclusion
of
behavioral
health
benefits
in
2
a
benchmark
plan
under
the
federal
Patient
Protection
and
3
Affordable
Care
Act
would
impact
the
delivery
and
financing
of
4
behavioral
health
services
in
the
state.
The
department
is
to
5
report
its
findings
to
the
joint
appropriations
subcommittee
6
on
health
and
human
services
no
later
than
60
days
following
7
receipt
of
federal
directives
or
regulations
regarding
8
requirements
for
the
benchmark
plans.
9
Division
IV
also
directs
the
department
of
human
services,
10
department
of
public
health,
division
of
insurance,
and
11
other
affected
state
agencies
to
pursue
all
federal
funding
12
opportunities
under
the
federal
Act
including
but
not
13
limited
to
funding
relating
to
implementation
funding
for
the
14
health
benefit
exchange
and
eligibility
system
planning
and
15
implementation.
The
bill
directs
the
departments
to
coordinate
16
efforts
to
the
maximum
extent
possible
and
to
report
their
17
activities
on
a
monthly
basis
to
the
joint
appropriations
18
subcommittee
on
health
and
human
services.
19
Division
IV
directs
the
department
of
human
services
to
20
develop
plans
for
an
all-payer
claims
database
and
a
provider
21
payment
system.
The
provider
payment
system
directive
also
22
includes
authorization
for
an
accountable
care
organization
23
pilot
project.
24
Division
IV
takes
effect
upon
enactment.
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