Senate File 97 - Introduced SENATE FILE 97 BY HANCOCK A BILL FOR An Act providing for expanded Iowa communications network 1 access to include counties under specified circumstances. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1891XS (3) 84 rn/nh

S.F. 97 Section 1. Section 8D.2, subsection 5, paragraph a, Code 1 2011, is amended to read as follows: 2 a. “Public agency” means a state agency, an institution 3 under the control of the board of regents, the judicial 4 branch as provided in section 8D.13, subsection 16 , a school 5 corporation, a county as provided in section 8D.13, subsection 6 15, a city library, a library service area as provided in 7 chapter 256 , a county library as provided in chapter 336 , 8 or a judicial district department of correctional services 9 established in section 905.2 , to the extent provided in section 10 8D.13, subsection 14 , an agency of the federal government, or a 11 United States post office which receives a federal grant for 12 pilot and demonstration projects. 13 Sec. 2. Section 8D.3, subsection 3, paragraph i, Code 2011, 14 is amended to read as follows: 15 i. Evaluate existing and projected rates for use of the 16 system and ensure that rates are sufficient to pay for the 17 operation of the system excluding the cost of construction and 18 lease costs for Parts I, II, and III. The commission shall 19 establish all hourly rates to be charged to all authorized 20 users for the use of the network and shall consider all costs 21 of the network in establishing the rates. A fee established by 22 the commission to be charged to a hospital licensed pursuant 23 to chapter 135B , a physician clinic, a county, or the federal 24 government shall be at an appropriate rate so that, at a 25 minimum, there is no state subsidy related to the costs of the 26 connection or use of the network related to such user. 27 Sec. 3. Section 8D.13, subsection 2, paragraph c, Code 2011, 28 is amended to read as follows: 29 c. “Part III” means the communications connection between 30 the secondary switching centers and the agencies defined in 31 section 8D.2 , subsections 4 and 5 , excluding state agencies, 32 institutions under the control of the board of regents, 33 nonprofit institutions of higher education eligible for tuition 34 grants, and the judicial branch, judicial district departments 35 -1- LSB 1891XS (3) 84 rn/nh 1/ 2

S.F. 97 of correctional services, hospitals and physician clinics, 1 counties, agencies of the federal government, and post offices. 2 Sec. 4. Section 8D.13, subsection 15, Code 2011, is amended 3 to read as follows: 4 15. Access shall be offered to hospitals licensed pursuant 5 to chapter 135B and physician clinics for diagnostic, clinical, 6 consultative, data, and educational services for the purpose of 7 developing a comprehensive, statewide telemedicine 8 network , ; to an agency of the federal government , ; to a county 9 strictly for purposes of transmitting information subject to 10 the confidentiality or privacy of personal information or 11 medical record provisions of the federal Health Insurance 12 Portability and Accountability Act of 1996, Pub. L. No. 13 104-191; and to a post office defined as a public agency 14 pursuant to section 8D.2, subsection 5 . A hospital, physician 15 clinic, an agency of the federal government, a county, or a 16 post office defined as a public agency pursuant to section 17 8D.2, subsection 5 , shall be responsible for all costs 18 associated with becoming a part of the network. 19 EXPLANATION 20 This bill expands the definition of a “public agency”, 21 which is authorized to access the Iowa communications network, 22 to include counties under specified circumstances. The 23 bill provides that a county may access the network strictly 24 for purposes of transmitting information subject to the 25 confidentiality or privacy of personal information or medical 26 record provisions of the federal Health Insurance Portability 27 and Accountability Act of 1996. The bill provides that 28 counties shall be responsible for all costs associated with 29 becoming a part of the network. 30 -2- LSB 1891XS (3) 84 rn/nh 2/ 2