House File 402 - Introduced HOUSE FILE 402 BY BERGAN A BILL FOR An Act relating to the direct care workforce, including the 1 expansion of the direct care workforce registry. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2194YH (5) 89 pf/rh
H.F. 402 Section 1. LEGISLATIVE FINDINGS AND INTENT. 1 1. The general assembly finds that the novel coronavirus 2 pandemic has shed light on the importance of the state’s direct 3 care workforce in providing essential direct care and supports 4 to vulnerable Iowans and has called attention to the need for 5 a coordinated effort to meet the demand for this essential 6 workforce. The direct care workforce is responsible for the 7 care of thousands of individuals of all ages and abilities 8 including older individuals and persons with disabilities in 9 providing assistance with daily activities, performing personal 10 tasks, and administering medications. 11 2. The intent of this Act is to enhance the portability of 12 continuing education, credentials, and certifications of the 13 direct care workforce; streamline data collection and analysis 14 to support interagency planning and legislative decision 15 making; and assist Iowans needing direct care workforce 16 services and supports and their families in living successfully 17 in their community of choice. 18 Sec. 2. DIRECT CARE WORKFORCE REGISTRY —— INCLUSION OF ALL 19 CERTIFIED NURSE ASSISTANTS —— PLAN FOR EXPANSION. 20 1. As used in this section: 21 a. “Department” means the department of inspections and 22 appeals. 23 b. “Direct care workforce” includes individuals employed 24 to provide direct care and supports to individuals of all ages 25 and abilities regardless of setting including but not limited 26 to certified nurse assistants, personal care assistants, 27 home care aides, hospice aides, medication aides, direct 28 support professionals, consumer directed attendant care 29 workers, universal workers, resident assistants, patient care 30 technicians, residential treatment workers, and others. 31 c. “Direct care workforce registry” means the registry of 32 nurse aides required to be established and maintained by a 33 state pursuant to 42 C.F.R. §483.156. 34 2. a. The department shall expand the direct care workforce 35 -1- LSB 2194YH (5) 89 pf/rh 1/ 4
H.F. 402 registry to include all certified nurse assistants regardless 1 of employment setting. 2 b. The department shall require all employers of certified 3 nurse assistants, regardless of employment setting, to report 4 the eligible employment of a certified nurse assistant for 5 inclusion in the direct care workforce registry. 6 3. a. The department shall convene a stakeholder advisory 7 work group to develop a plan for the expansion of the direct 8 care workforce registry to include the entire direct care 9 workforce. The plan shall provide for all of the following: 10 (1) Identification of database system content. 11 (2) A listing of the classifications of workers who provide 12 direct care to be included in the registry. 13 (3) Identification of information to be included in the 14 registry to enhance public safety. 15 (4) An estimate of the costs associated with the development 16 and maintenance of the expanded registry. 17 (5) Alignment of registry data with information collected 18 by the department of education, the department of public 19 health, and the department of workforce development. 20 (6) Development of a public portal to allow access by family 21 caregivers and individuals requiring direct care workforce 22 services and supports. 23 (7) A timeline for expansion of the registry and for 24 development of the public portal. 25 (8) Options for state, federal, and other public and private 26 funding to support initial development and maintenance of the 27 registry and public portal. 28 b. The department shall submit the plan to the governor 29 and the general assembly no later than December 15, 2021. If 30 federal or other funding becomes available, the department may 31 implement the plan without additional legislative approval. 32 Sec. 3. HEALTH, DIRECT CARE, AND LONG-TERM SERVICES AND 33 SUPPORTS WORKFORCE DATA SYSTEM —— INTERAGENCY COLLABORATION. 34 1. The department of education and the department of 35 -2- LSB 2194YH (5) 89 pf/rh 2/ 4
H.F. 402 public health, in collaboration with the department of 1 workforce development, department of human services, and the 2 department of inspections and appeals, shall incorporate the 3 enhanced direct care workforce registry created in this Act 4 into existing health, direct care, and long-term services and 5 supports workforce dashboard data, and shall utilize such data 6 in informing the state’s strategies to build a strong health, 7 direct care, and long-term services and supports workforce. 8 2. The department of education and the department of 9 public health shall submit a progress report on the work of 10 the interagency collaboration to the governor and the general 11 assembly, annually, by January 15. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to the direct care workforce, including 16 the expansion of the direct care workforce registry. 17 The bill includes legislative findings and intent relating 18 to the direct care workforce and the needs of Iowans for direct 19 care workforce services and supports. 20 The bill requires the department of inspections and appeals 21 (DIA) to expand the existing federally required direct care 22 workforce registry to include all certified nurse assistants 23 regardless of employment setting. DIA shall require all 24 employers of certified nurse assistants, regardless of 25 employment setting, to report the eligible employment of a 26 certified nurse assistant for inclusion in the direct care 27 workforce registry. Currently, only long-term care facilities 28 are required to report qualifying employment to the registry. 29 The bill defines “direct care workforce” and “direct care 30 workforce registry” for the purposes of the bill. 31 The bill also requires DIA to convene a stakeholder advisory 32 work group to develop a plan for the expansion of the direct 33 care workforce registry to include the entire direct care 34 workforce. The bill specifies the components to be included 35 -3- LSB 2194YH (5) 89 pf/rh 3/ 4
H.F. 402 in the plan and requires DIA to submit the plan to the governor 1 and the general assembly no later than December 15, 2021. If 2 federal or other funding becomes available, DIA may implement 3 the plan without additional legislative approval. 4 The bill also requires the department of education and 5 the department of public health, in collaboration with the 6 department of workforce development, department of human 7 services, and DIA, to incorporate the enhanced direct care 8 workforce registry created in the bill into existing health, 9 direct care, and long-term services and supports workforce 10 dashboard data, and to utilize such data in informing the 11 state’s strategies to build a strong health, direct care, and 12 long-term services and supports workforce. The department of 13 education and the department of public health shall submit a 14 progress report on the work of the interagency collaboration to 15 the governor and the general assembly, annually, by January 15. 16 -4- LSB 2194YH (5) 89 pf/rh 4/ 4