Senate File 464 - Introduced SENATE FILE 464 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 302) A BILL FOR An Act relating to the prevention of disabilities policy 1 council. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1854SV (1) 86 rh/rj
S.F. 464 Section 1. NEW SECTION . 225B.101 Findings and intent. 1 1. The general assembly finds that: 2 a. Between ten and twenty percent of Iowans have a 3 disability that affects their ability to learn, work, 4 communicate, perform activities of daily living, and 5 participate in everyday community life. These disabilities 6 are the result of genetics, environmental factors, injury, or 7 illness; may occur at any point in life; may be mild, severe, 8 or intermittent; and are often very costly for the individuals 9 affected, their families, and government both in terms of 10 quality of life and financial expenditures. 11 b. Most disabilities are due to conditions that can be 12 prevented, can be minimized if recognized and treated early, or 13 can be reduced through appropriate accommodation. 14 c. A need exists to optimize the use of cost-effective 15 prevention of disability strategies in state policies and 16 programs in order to reduce the cost of disabilities to Iowa’s 17 citizens and government. 18 2. It is the intent of the general assembly to establish 19 a structure and process to identify opportunities to enhance 20 prevention of disability efforts in Iowa, design cross-agency 21 strategies to address the prevention of disabilities, integrate 22 and coordinate proven prevention of disability strategies 23 within state programs, and inform the general assembly about 24 priority prevention of disability policies and programs. 25 Sec. 2. NEW SECTION . 225B.102 Definitions. 26 As used in this chapter, unless the context otherwise 27 requires: 28 1. “Council” means the prevention of disabilities policy 29 council. 30 2. “Disability” means an individual who meets the definition 31 in 42 U.S.C. §12102. 32 3. “Prevention” activities include policies, programs, and 33 practices that do any of the following: 34 a. Prevent a disability or a condition that leads to a 35 -1- LSB 1854SV (1) 86 rh/rj 1/ 7
S.F. 464 disability from occurring. 1 b. Identify a disability or a condition that leads to a 2 disability early on so that intervention can eliminate the risk 3 of a disability or minimize the disability’s effect. 4 c. Reduce the effects of a disability on an individual’s 5 health and independence. 6 Sec. 3. NEW SECTION . 225B.103 Prevention of disabilities 7 policy council established —— membership —— duties. 8 1. A prevention of disabilities policy council is 9 established to focus state prevention of disability efforts 10 and provide oversight in the development and operation of a 11 coordinated prevention of disabilities system. The council 12 shall consist of the following members: 13 a. Three providers of disability prevention services 14 appointed by the governor and confirmed by the senate. The 15 governor may consider recommendations from the prevention of 16 disabilities policy council in making appointments. 17 b. Three persons with expertise in priority prevention areas 18 appointed by the governor and confirmed by the senate. The 19 governor may consider recommendations from the prevention of 20 disabilities policy council in making appointments. 21 c. Three persons with disabilities or family members 22 of a person with disabilities appointed by the governor, 23 and confirmed by the senate. The governor may consider 24 recommendations from the prevention of disabilities policy 25 council in making appointments. 26 d. One representative each from the department on aging, 27 department of education, department of human services, and 28 department of public health appointed by the directors of the 29 respective agencies. 30 e. Two members of the senate appointed by the senate 31 majority leader and minority leader and two members of the 32 house of representatives appointed by the speaker of the house 33 and the house minority leader. 34 2. Members of the council appointed by the governor shall 35 -2- LSB 1854SV (1) 86 rh/rj 2/ 7
S.F. 464 serve three-year staggered terms for terms beginning and ending 1 as provided in section 69.19. Members representing the state 2 departments shall serve one-year terms and shall serve as ex 3 officio, nonvoting members. Members of the general assembly 4 appointed to the council shall serve two-year terms as provided 5 in section 69.16B and shall serve as ex officio, nonvoting 6 members. Vacancies on the council shall be filled in the same 7 manner as original appointments. Members are entitled to 8 reimbursement of actual expenses incurred in performance of 9 their official duties. 10 3. The council shall do all of the following: 11 a. Review the prevention of disabilities activities of 12 public and private entities and provide recommendations to 13 optimize the planning, implementation, and evaluation of 14 prevention of disabilities efforts. 15 b. Promote cooperative and complementary planning among the 16 public, nonpublic, and volunteer sectors involved in prevention 17 of disabilities activities. 18 c. Facilitate coordination of prevention of disabilities 19 activities among state departments to develop an integrated 20 system of care. 21 d. Provide support and technical assistance to public 22 or nonpublic entities to identify, seek, implement, and 23 evaluate state, federal, and private grants for prevention of 24 disabilities activities. 25 e. Encourage research into the causes and prevention of 26 disabilities, including methods to evaluate the effectiveness 27 of prevention efforts. 28 f. Promote professional and provider training in 29 evidence-based prevention of disabilities measures and assure 30 adequate dissemination of such to appropriate entities. 31 g. Submit to the governor and general assembly annually by 32 November 1 a report that includes all of the following: 33 (1) A summary of all disabilities prevention activities 34 conducted since the preceding annual report. 35 -3- LSB 1854SV (1) 86 rh/rj 3/ 7
S.F. 464 (2) Recommendations for policy and priorities for the 1 prevention of disabilities. 2 4. The council shall meet at least six times during the 3 year. A majority of the members of the council constitutes a 4 quorum and a quorum is necessary to act on matters within the 5 purview of the council. 6 Sec. 4. NEW SECTION . 225B.104 Rules. 7 The department of human services shall adopt and update 8 administrative rules as necessary to implement the provisions 9 of this chapter. All rules adopted by the department of human 10 services pursuant to this section are subject to approval by 11 the council. 12 Sec. 5. NEW SECTION . 225B.105 Coordination with state 13 agencies. 14 1. The directors or deputy directors of the state 15 departments on aging, and of education, human services, and 16 public health shall meet at least annually with the council and 17 shall do all of the following: 18 a. Provide an update to the council regarding the status 19 of prevention of disabilities policies and programs with 20 each respective department and provide recommendations about 21 priorities the council should consider in the next year. 22 b. Receive new policy and program recommendations from the 23 council regarding the prevention of disabilities. 24 2. The council may seek and receive data from state 25 departments that will aid in developing, implementing, and 26 evaluating prevention of disabilities efforts and systems in 27 Iowa. 28 Sec. 6. NEW SECTION . 225B.106 Coordination with disability 29 groups. 30 The chairpersons and designated staff of chairpersons of 31 public and private state disabilities prevention groups shall 32 meet with the council at least annually to do all of the 33 following: 34 1. Identify ways to incorporate prevention of disabilities 35 -4- LSB 1854SV (1) 86 rh/rj 4/ 7
S.F. 464 activities within Iowa’s disabilities services system. 1 2. Assist in developing a policy agenda for prevention of 2 disabilities services system improvements. 3 Sec. 7. NEW SECTION . 225B.107 Evaluation. 4 The state’s prevention of disability effort and the council 5 are subject to review and evaluation by the governor and the 6 general assembly. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the prevention of disabilities policy 11 council. 12 In 1991, the general assembly established the prevention 13 of disabilities council (council) in Code chapter 225B. The 14 council was created to establish a system to coordinate 15 prevention of disability activities among state departments and 16 to assist the governor and the general assembly in determining 17 priorities and establishing policies for the prevention of 18 disabilities. 19 The bill amends provisions in Code chapter 225B relating 20 to prevention activities of the council, council membership, 21 duties, and coordination efforts with state agencies and 22 disability groups, and related definitions. 23 The bill defines prevention activities of the council to 24 include policies, programs, and practices that prevent a 25 disability or a condition that leads to a disability from 26 occurring; that identify a disability or a condition that leads 27 to a disability early on so that the intervention can eliminate 28 the risk of a disability or minimize the disability’s effect; 29 or that reduce the effects of a disability on an individual’s 30 health and independence. The bill amends the definition of a 31 disability to be the same as the federal definition under the 32 federal Americans with Disabilities Act (42 U.S.C. §12102). 33 The bill provides that the council replaces the current 34 Iowa developmental disabilities council, to be abolished by 35 -5- LSB 1854SV (1) 86 rh/rj 5/ 7
S.F. 464 law July 1, 2015, in providing recommendations for individual 1 appointments of voting members to the council and council 2 membership is expanded to include ex officio representatives 3 from the department on aging, and the departments of education, 4 public health, and human services. 5 The duties of the council are expanded to include reviewing 6 the prevention of disabilities activities of public and 7 private entities and providing recommendations to optimize 8 the planning, implementation, and evaluation of prevention of 9 disabilities efforts; promoting cooperative and complementary 10 planning among the public, nonpublic, and volunteer sectors 11 involved in prevention of disabilities activities; facilitating 12 coordination of prevention of disabilities activities 13 among state departments to develop an integrated system of 14 care; providing support and technical assistance to public 15 or nonpublic entities to identify, seek, implement, and 16 evaluate state, federal, and private grants for prevention 17 of disabilities activities; encouraging research into the 18 causes and prevention of disabilities, including methods to 19 evaluate the effectiveness of prevention efforts; and promoting 20 professional and provider training in evidence-based prevention 21 of disabilities measures and assure adequate dissemination of 22 such to appropriate entities. 23 The bill provides that the directors or deputy directors 24 of the state department on aging, and the departments of 25 education, human services, and public health shall meet at 26 least annually with the council to provide updates to the 27 council regarding the status of prevention of disabilities 28 policies and receive new policy and program recommendations 29 from the council regarding the prevention of disabilities. 30 Chairpersons and staff of public and private state disability 31 groups are encouraged to meet with the council annually 32 to identify ways to incorporate prevention of disabilities 33 activities within Iowa’s disabilities services system and 34 to assist in developing a policy agenda for prevention of 35 -6- LSB 1854SV (1) 86 rh/rj 6/ 7
S.F. 464 disabilities system improvements. 1 The bill directs the department of human services to adopt 2 rules to implement the bill, subject to council approval. 3 -7- LSB 1854SV (1) 86 rh/rj 7/ 7