Senate Study Bill 3176 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON STATE GOVERNMENT BILL BY CHAIRPERSON DANIELSON) A BILL FOR An Act relating to government operations and efficiency 1 and other related matters and including effective date 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6068SC (5) 84 ec/rj
S.F. _____ DIVISION I 1 GOVERNMENT INFORMATION TECHNOLOGY SERVICES 2 Section 1. Section 8A.205, subsection 2, paragraph g, Code 3 2011, is amended to read as follows: 4 g. Encourage participating agencies to utilize duplex 5 printing and a print on demand strategy to reduce printing 6 costs, publication overruns, excessive inventory, and obsolete 7 printed materials. 8 Sec. 2. DEPARTMENT OF ADMINISTRATIVE SERVICES —— 9 INFORMATION TECHNOLOGY COORDINATION AND MANAGEMENT. 10 1. The department of administrative services, in accordance 11 with the requirements of 2010 Acts, chapter 1031, and Code 12 section 8A.202, subsection 2, paragraph “g”, to coordinate and 13 manage information technology services within the department, 14 shall establish a schedule by which all departments subject 15 to the requirements of that Act and chapter 8A shall comply 16 with these requirements. The schedule shall provide for 17 implementation of the requirements to all affected state 18 agencies and departments by December 31, 2013. The department 19 shall submit a copy of the schedule to the general assembly 20 by July 31, 2012, and shall provide periodic updates to the 21 general assembly on the progress of meeting the time deadlines 22 contained in the schedule. 23 2. In procuring information technology as provided in 24 section 8A.207, the department of administrative services 25 should explore strategies of procuring information technology 26 through leasing. 27 DIVISION II 28 MEDICATION THERAPY MANAGEMENT 29 Sec. 3. NEW SECTION . 8A.441 Medication therapy management. 30 1. As used in this section, unless the context otherwise 31 requires: 32 a. “Eligible employee” means an employee of the state, with 33 the exception of an employee of the state board of regents or 34 institutions under the state board of regents, for whom group 35 -1- LSB 6068SC (5) 84 ec/rj 1/ 14
S.F. _____ health plans are established pursuant to chapter 509A providing 1 for third-party payment or prepayment for health or medical 2 expenses. 3 b. “Medication therapy management” means a systematic 4 process performed by a licensed pharmacist, designed to improve 5 quality outcomes for patients and lower health care costs, 6 including emergency room, hospital, provider, and other costs, 7 by optimizing appropriate medication use linked directly to 8 achievement of the clinical goals of therapy. Medication 9 therapy management shall include all of the following services: 10 (1) A medication therapy review and in-person consultation 11 relating to all medications, vitamins, and herbal supplements 12 currently being taken by an eligible individual. 13 (2) A medication action plan, subject to the limitations 14 specified in this section, communicated to the individual and 15 the individual’s primary care physician or other appropriate 16 prescriber to address issues including appropriateness, 17 effectiveness, safety, drug interactions, and adherence. The 18 medication action plan may include drug therapy recommendations 19 to prescribers that are needed to meet clinical goals and 20 achieve optimal patient outcomes. 21 (3) Documentation and follow-up to ensure consistent levels 22 of pharmacy services and positive outcomes. 23 2. a. The department shall utilize a request for proposals 24 process and shall enter into a contract for the provision of 25 medication therapy management services for eligible employees 26 who meet any of the following criteria: 27 (1) An individual who takes four or more prescription drugs 28 to treat or prevent two or more chronic medical conditions. 29 (2) An individual with a prescription drug therapy problem 30 who is identified by the prescribing physician or other 31 appropriate prescriber, and referred to a pharmacist for 32 medication therapy management services. 33 (3) An individual who meets other criteria established by 34 the third-party payment provider contract, policy, or plan. 35 -2- LSB 6068SC (5) 84 ec/rj 2/ 14
S.F. _____ b. The contract shall require the entity to provide annual 1 reports to the general assembly detailing the costs, savings, 2 estimated cost avoidance and return on investment, and improved 3 patient outcomes related to the medication therapy management 4 services provided. The entity shall guarantee demonstrated 5 annual savings for overall health care costs, including 6 emergency room, hospital, provider, and other costs, with 7 savings including associated cost avoidance, at least equal 8 to the program’s costs with any shortfall amount refunded to 9 the state. The contract shall include terms, conditions, 10 and applicable measurement standards associated with the 11 demonstration of savings. The department shall verify the 12 demonstrated savings reported by the entity was achieved in 13 accordance with the agreed upon measurement standards. The 14 entity shall be prohibited from using the entity’s employees to 15 provide the medication therapy management services and shall 16 instead be required to contract with licensed pharmacies, 17 pharmacists, or physicians. 18 c. The department may establish an advisory committee 19 comprised of an equal number of physicians and pharmacists 20 to provide advice and oversight in evaluating the results of 21 the program. The department shall appoint the members of the 22 advisory committee based upon designees of the Iowa pharmacy 23 association, the Iowa medical society, and the Iowa osteopathic 24 medical association. 25 d. The fees for pharmacist-delivered medication therapy 26 management services shall be separate from the reimbursement 27 for prescription drug product or dispensing services; shall 28 be determined by each third-party payment provider contract, 29 policy, or plan; and must be reasonable based on the resources 30 and time required to provide the service. 31 e. A fee shall be established for physician reimbursement 32 for services delivered for medication therapy management as 33 determined by each third-party payment provider contract, 34 policy, or plan, and must be reasonable based on the resources 35 -3- LSB 6068SC (5) 84 ec/rj 3/ 14
S.F. _____ and time required to provide the service. 1 f. If any part of the medication therapy management 2 plan developed by a pharmacist incorporates services which 3 are outside the pharmacist’s independent scope of practice 4 including the initiation of therapy, modification of dosages, 5 therapeutic interchange, or changes in drug therapy, the 6 express authorization of the individual’s physician or other 7 appropriate prescriber is required. 8 Sec. 4. EFFECTIVE UPON ENACTMENT. This division of this 9 Act, being deemed of immediate importance, takes effect upon 10 enactment. 11 DIVISION III 12 STATE PHYSICAL RESOURCES 13 Sec. 5. STATE EMPLOYEE WORK ENVIRONMENT ANALYSIS 14 AND REPORT. By September 30, 2012, the department of 15 administrative services shall conduct a high level needs 16 analysis of state employee work stations and office standards, 17 focusing on reducing square footage needs and creating 18 healthy, productive, and efficient work environments. Overall 19 objectives of the analysis shall include improving employee 20 density; properly allocating space for individual and group 21 work; improving worker health and safety; improving technology 22 integration; and improving energy efficiency and sustainability 23 in state offices. The department shall submit findings and 24 recommendations to the capitol planning commission and to the 25 legislative government oversight committees by October 30, 26 2012. 27 DIVISION IV 28 OPERATIONAL EFFICIENCIES 29 Sec. 6. STATE DEPARTMENT AND AGENCY LIMITATIONS ON 30 MAIL. Notwithstanding any provision of the law to the 31 contrary, state departments and agencies shall not, unless 32 otherwise required for purposes of pursuing legal action or 33 by federal law, provide departmental or agency notices or 34 information by mail. Departments shall provide information 35 -4- LSB 6068SC (5) 84 ec/rj 4/ 14
S.F. _____ or notices through the department’s internet site or through 1 electronic mail. 2 DIVISION V 3 IOWA JOBS BOARD 4 Sec. 7. Section 12.87, subsection 12, Code Supplement 2011, 5 is amended to read as follows: 6 12. Neither the treasurer of state, the Iowa jobs board 7 finance authority , nor any person acting on behalf of the 8 treasurer of state or the Iowa jobs board finance authority 9 while acting within the scope of their employment or agency, is 10 subject to personal liability resulting from carrying out the 11 powers and duties conferred by this section and sections 12.88 12 through 12.90 . 13 Sec. 8. Section 16.193, subsection 1, Code Supplement 2011, 14 is amended to read as follows: 15 1. The Iowa finance authority , subject to approval by the 16 Iowa jobs board, shall adopt administrative rules pursuant to 17 chapter 17A necessary to administer the Iowa jobs program and 18 Iowa jobs II program. The authority shall provide the board 19 with assistance in implementing administrative functions, be 20 responsible for providing technical assistance and application 21 assistance to applicants under the programs, negotiating 22 contracts, and providing project follow up. The authority, in 23 cooperation with the board, may conduct negotiations on behalf 24 of the board with applicants regarding terms and conditions 25 applicable to awards under the program. 26 Sec. 9. Section 16.194, subsection 2, Code 2011, is amended 27 to read as follows: 28 2. A city or county or a public organization in this 29 state may submit an application to the Iowa jobs board 30 authority for financial assistance for a local infrastructure 31 competitive grant for an eligible project under the program, 32 notwithstanding any limitation on the state’s percentage in 33 funding as contained in section 29C.6, subsection 17 . 34 Sec. 10. Section 16.194, subsection 4, unnumbered paragraph 35 -5- LSB 6068SC (5) 84 ec/rj 5/ 14
S.F. _____ 1, Code 2011, is amended to read as follows: 1 The board authority shall consider the following criteria in 2 evaluating eligible projects to receive financial assistance 3 under the program: 4 Sec. 11. Section 16.194, subsection 7, Code 2011, is amended 5 to read as follows: 6 7. In order for a project to be eligible to receive 7 financial assistance from the board authority , the project 8 must be a public construction project pursuant to subsection 1 9 with a demonstrated substantial local, regional, or statewide 10 economic impact. 11 Sec. 12. Section 16.194, subsection 8, unnumbered paragraph 12 1, Code 2011, is amended to read as follows: 13 The board authority shall not approve an application for 14 assistance for any of the following purposes: 15 Sec. 13. Section 16.194, subsection 9, paragraph b, Code 16 2011, is amended to read as follows: 17 b. Any portion of an amount allocated for projects 18 that remains unexpended or unencumbered one year after the 19 allocation has been made may be reallocated to another project 20 category, at the discretion of the board authority . The board 21 authority shall ensure that all bond proceeds be expended 22 within three years from when the allocation was initially made. 23 Sec. 14. Section 16.194, subsection 10, Code 2011, is 24 amended to read as follows: 25 10. The board authority shall ensure that funds obligated 26 under this section are coordinated with other federal program 27 funds received by the state, and that projects receiving funds 28 are located in geographically diverse areas of the state. 29 Sec. 15. Section 16.194A, subsections 2, 7, 9, and 10, Code 30 2011, are amended to read as follows: 31 2. A city or county in this state that applies the smart 32 planning principles and guidelines pursuant to sections 18B.1 33 and 18B.2 may submit an application to the Iowa jobs board 34 authority for financial assistance for a local infrastructure 35 -6- LSB 6068SC (5) 84 ec/rj 6/ 14
S.F. _____ competitive grant for an eligible project under the program, 1 notwithstanding any limitation on the state’s percentage in 2 funding as contained in section 29C.6, subsection 17 . 3 7. In order for a project to be eligible to receive 4 financial assistance from the board authority , the project 5 must be a public construction project pursuant to subsection 1 6 with a demonstrated substantial local, regional, or statewide 7 economic impact. 8 9. Any portion of an amount allocated for projects 9 that remains unexpended or unencumbered one year after the 10 allocation has been made may be reallocated to another project 11 category, at the discretion of the board authority . The board 12 authority shall ensure that all bond proceeds be expended 13 within three years from when the allocation was initially made. 14 10. The board authority shall ensure that funds obligated 15 under this section are coordinated with other federal program 16 funds received by the state, and that projects receiving funds 17 are located in geographically diverse areas of the state. 18 Sec. 16. Section 16.194A, subsection 4, unnumbered 19 paragraph 1, Code 2011, is amended to read as follows: 20 The board authority shall consider the following criteria in 21 evaluating eligible projects to receive financial assistance 22 under the program: 23 Sec. 17. Section 16.194A, subsection 8, unnumbered 24 paragraph 1, Code 2011, is amended to read as follows: 25 The board authority shall not approve an application for 26 assistance for any of the following purposes: 27 Sec. 18. Section 16.195, Code Supplement 2011, is amended 28 to read as follows: 29 16.195 Iowa jobs program application review. 30 1. Applications for assistance under the Iowa jobs program 31 and Iowa jobs II program shall be submitted to the Iowa finance 32 authority for review and approval . The authority shall provide 33 a staff review and evaluation of applications to the Iowa jobs 34 program review committee referred to in subsection 2 and to the 35 -7- LSB 6068SC (5) 84 ec/rj 7/ 14
S.F. _____ Iowa jobs board. 1 2. A review committee composed of members of the board 2 as determined by the board shall review Iowa jobs program 3 applications submitted to the board and make recommendations 4 regarding the applications to the board. When reviewing the 5 applications, the review committee and the authority shall 6 consider the project criteria specified in sections 16.194 and 7 16.194A . The board authority shall develop the appropriate 8 level of transparency regarding project fund allocations. 9 3. Upon approval of an application for financial assistance 10 under the program, the board authority shall notify the 11 treasurer of state regarding the amount of moneys needed to 12 satisfy the award of financial assistance and the terms of the 13 award. The treasurer of state shall notify the Iowa finance 14 authority any time moneys are disbursed to a recipient of 15 financial assistance under the program. 16 Sec. 19. Section 16.197, Code 2011, is amended to read as 17 follows: 18 16.197 Limitation of liability. 19 A member of the Iowa jobs board, a person acting on behalf of 20 the board while acting within the scope of their employment or 21 agency, The authority or the treasurer of state, shall not be 22 subject to personal liability resulting from carrying out the 23 powers and duties of the board authority or the treasurer, as 24 applicable, in sections 16.192 16.193 through 16.196 16.195 . 25 Sec. 20. IOWA JOBS BOARD —— TRANSITION PROVISIONS —— 26 LIMITATION OF LIABILITY. 27 1. Any contract or agreement issued or entered into by the 28 Iowa jobs board relating to the provisions of this division 29 of this Act, in effect on the effective date of this division 30 of this Act, shall continue in full force and effect and 31 any responsibility of the board relative to the contracts or 32 agreements as provided in those contracts or agreements shall 33 be transferred to the Iowa finance authority. 34 2. A member of the Iowa jobs board or a person acting on 35 -8- LSB 6068SC (5) 84 ec/rj 8/ 14
S.F. _____ behalf of the board while acting within the scope of that 1 person’s employment or agency shall not be subject to personal 2 liability resulting from carrying out the powers and duties 3 of the board prior to the effective date of this division of 4 this Act, as applicable, in sections 12.87 through 12.90 and in 5 sections 16.192 through 16.196, Code 2011. 6 Sec. 21. REPEAL. Sections 16.191, 16.192, and 16.196, Code 7 and Code Supplement 2011, are repealed. 8 DIVISION VI 9 OFFICE OF DRUG CONTROL POLICY 10 Sec. 22. Section 80.8, subsection 3, paragraph a, Code 2011, 11 is amended to read as follows: 12 a. The salaries of peace officers and employees of the 13 department and the expenses of the department shall be provided 14 for by a legislative appropriation , except the salary of the 15 drug policy coordinator shall be fixed by the governor as 16 provided in section 80E.1 . The compensation of peace officers 17 of the department shall be fixed according to grades as to rank 18 and length of service by the commissioner with the approval of 19 the department of administrative services, unless covered by a 20 collective bargaining agreement that provides otherwise. 21 Sec. 23. Section 80.9, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 10. The department shall receive and review 24 the budget submitted by the drug policy coordinator and assist 25 the drug policy coordinator in directing the office of drug 26 control’s policy pursuant to section 80E.1. 27 Sec. 24. Section 80.17, subsection 1, Code 2011, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . g. Office of drug control policy. 30 Sec. 25. Section 80E.1, subsection 1, Code 2011, is amended 31 to read as follows: 32 1. The office of drug control policy is established in the 33 department of public safety. A drug policy coordinator shall 34 be appointed by the governor, subject to confirmation by the 35 -9- LSB 6068SC (5) 84 ec/rj 9/ 14
S.F. _____ senate, and shall serve at the pleasure of the governor. The 1 governor shall fill a vacancy in the office in the same manner 2 as the original appointment was made. The coordinator shall be 3 selected primarily for administrative ability. The coordinator 4 shall not be selected on the basis of political affiliation 5 and shall not engage in political activity while holding the 6 office. The salary of the coordinator shall be fixed by the 7 governor. 8 Sec. 26. Section 80E.1, subsection 2, paragraph a, Code 9 2011, is amended to read as follows: 10 a. Direct the governor’s office of drug control policy, 11 and coordinate and monitor all statewide narcotics enforcement 12 efforts, coordinate and monitor all state and federal substance 13 abuse treatment grants and programs, coordinate and monitor all 14 statewide substance abuse prevention and education programs 15 in communities and schools, and engage in such other related 16 activities as required by law. The coordinator shall work in 17 coordinating the efforts of the department of corrections, the 18 department of education, the Iowa department of public health, 19 the department of public safety, and the department of human 20 services. The coordinator shall assist in the development 21 and implementation of local and community strategies to fight 22 substance abuse, including local law enforcement, education, 23 and treatment activities. 24 Sec. 27. Section 124.101, subsection 21, Code 2011, is 25 amended to read as follows: 26 21. “Office” means the governor’s office of drug control 27 policy, as referred to in section 80E.1 . 28 Sec. 28. Section 135.130, subsection 2, Code 2011, is 29 amended to read as follows: 30 2. A substance abuse treatment facility advisory council 31 is established within the department to advise and make 32 recommendations to the director regarding the establishment 33 and operation of a facility for persons with a substance 34 abuse problem who are on probation and to assist with the 35 -10- LSB 6068SC (5) 84 ec/rj 10/ 14
S.F. _____ implementation of treatment programs that are proven to 1 be effective for offenders. The substance abuse treatment 2 facility advisory council shall consist of the directors of the 3 eight judicial district departments of correctional services 4 and one representative each from the judicial branch, the Iowa 5 department of public health, the department of corrections, and 6 the governor’s office of drug control policy. 7 Sec. 29. Section 216A.132, subsection 1, paragraph b, Code 8 2011, is amended to read as follows: 9 b. The departments of human services, corrections, and 10 public safety, the office on the status of African Americans, 11 the department of public health, the chairperson of the board 12 of parole, the attorney general, the state public defender, 13 and the governor’s office of drug control policy shall each 14 designate a person to serve on the council. 15 Sec. 30. Section 216A.140, subsection 5, paragraph h, Code 16 2011, is amended to read as follows: 17 h. Governor’s office Office of drug control policy. 18 Sec. 31. Section 602.8108, subsection 4, Code Supplement 19 2011, is amended to read as follows: 20 4. The clerk of the district court shall remit all moneys 21 collected from the drug abuse resistance education surcharge 22 provided in section 911.2 to the state court administrator 23 for deposit in the general fund of the state and the amount 24 deposited is appropriated to the governor’s office of drug 25 control policy for use by the drug abuse resistance education 26 program and other programs directed for a similar purpose. 27 DIVISION VII 28 BOARDS AND COMMISSIONS 29 Sec. 32. Section 190A.3, subsection 4, Code 2011, is amended 30 to read as follows: 31 4. The farm-to-school council department of agriculture and 32 land stewardship and the department of education shall actively 33 seek financial or in-kind contributions from organizations or 34 persons to support the program. 35 -11- LSB 6068SC (5) 84 ec/rj 11/ 14
S.F. _____ Sec. 33. Section 256.9, subsection 55, paragraph j, Code 1 Supplement 2011, is amended by striking the paragraph. 2 Sec. 34. REPEAL. Section 190A.2, Code 2011, is repealed. 3 DIVISION VIII 4 OBSOLETE PROVISIONS 5 Sec. 35. REPEAL. Section 15.112, Code Supplement 2011, is 6 repealed. 7 Sec. 36. REPEAL. Chapters 15C and 15D, Code 2011, are 8 repealed. 9 EXPLANATION 10 This bill relates to government efficiency, including other 11 matters related to the operation of state and local government. 12 DIVISION I —— GOVERNMENT INFORMATION TECHNOLOGY SERVICES. 13 This division amends Code section 8A.205, concerning digital 14 government, to encourage state agencies to utilize duplex 15 printing. This division of the bill also directs the 16 department of administrative services (DAS) to establish a 17 schedule for departments to comply with information technology 18 coordination and management requirements of Code chapter 19 8A. In addition, DAS is encouraged to procure information 20 technology for participating agencies through leasing. 21 DIVISION II —— MEDICATION THERAPY MANAGEMENT. This division 22 of the bill relates to medication therapy management. The bill 23 codifies the pilot program for medication therapy management 24 implemented on July 1, 2010, for eligible state employees, 25 making the program an ongoing program and directing DAS to 26 utilize a request for proposals process and to enter into a 27 contract to continue the program. This division of the bill 28 takes effect upon enactment. 29 DIVISION III —— STATE PHYSICAL RESOURCES. This division 30 of the bill requires that DAS conduct an analysis of state 31 employee workstations and office standards by September 30, 32 2012. The division further requires the department to submit 33 findings and recommendations to the capitol planning commission 34 and the legislative government oversight committees by October 35 -12- LSB 6068SC (5) 84 ec/rj 12/ 14
S.F. _____ 30, 2012. 1 DIVISION IV —— OPERATIONAL EFFICIENCIES. This division 2 provides that each state department and agency shall not use 3 mail to provide departmental notices and information unless 4 otherwise required by federal law or for the purposes of legal 5 action. The bill provides that departments utilize their 6 internet sites or electronic mail for this purpose. 7 DIVISION V —— IOWA JOBS BOARD. This division of this bill 8 eliminates the Iowa jobs board and provides that any duties 9 or responsibilities of the Iowa jobs board shall become the 10 responsibility of the Iowa finance authority. The division of 11 the bill also repeals Code section 16.196, concerning the Iowa 12 jobs restricted capitals fund and associated appropriations. 13 The division also provides transition provisions relative to 14 any contracts or agreements entered into by the Iowa jobs board 15 and provides for a limitation of personal liability for actions 16 by a member or agent of the board taken prior to the effective 17 date of this division of the bill relative to the duties of the 18 board. 19 DIVISION VI —— OFFICE OF DRUG CONTROL POLICY. This division 20 transfers the administration of the governor’s office of 21 drug control policy from the office of the governor to the 22 department of public safety. The division changes the name 23 of governor’s office of drug control policy to office of drug 24 control policy. 25 The division requires the department of public safety to 26 review the budget submitted by the drug policy coordinator and 27 assist the drug policy coordinator in directing the governor’s 28 office of drug control policy pursuant to Code section 80E.1. 29 The division does not modify the appointment of the drug 30 policy coordinator. Currently, the governor appoints the drug 31 policy coordinator, subject to confirmation by the senate, and 32 the coordinator serves at the pleasure of the governor. 33 The division also does not modify the current duties of the 34 drug policy coordinator to coordinate and monitor all statewide 35 -13- LSB 6068SC (5) 84 ec/rj 13/ 14
S.F. _____ narcotics enforcement efforts, substance abuse treatment grants 1 and programs, substance abuse prevention and education programs 2 in communities and schools, and to engage in such other related 3 activities as required by law. 4 DIVISION VII —— BOARDS AND COMMISSIONS. This division of the 5 bill repeals the farm-to-school council. 6 DIVISION VIII —— OBSOLETE PROVISIONS. This division of 7 the bill repeals Code section 15.112, relating to matching 8 funds for a farmworks national demonstration project; Code 9 chapter 15C, relating to a world trade center; and Code chapter 10 15D, relating to the midwest nuclear compact, which contains 11 provisions relating to repeal and withdrawal from the compact. 12 -14- LSB 6068SC (5) 84 ec/rj 14/ 14