SSB 3123 (LSB 5352XD (10) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES BILL)

A BILL FOR

An Act relating to the elimination of certain required reports by and duties of the department of health and human services, and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135.16A, subsection 2, paragraph b, Code 2024, is amended to read as follows:
   b.  If necessary to implement, administer, and enforce this section, the department, in cooperation with the department of agriculture and land stewardship, shall submit a request to the United States department of agriculture for a waiver or other exception from regulations as deemed feasible by the department. The department shall regularly report the status of such request to the legislative services agency.
    Sec. 2.  Section 135.181, subsection 4, Code 2024, is amended by striking the subsection.
    Sec. 3.  Section 139A.26, subsection 5, Code 2024, is amended to read as follows:
   5.  The department shall adopt rules for administration of this section. The department shall review the requirements of this section at least every five years, and shall submit its recommendations for modification to, or continuation of, this section based upon new information about the disease or vaccination against the disease in a report that shall be submitted to the general assembly no later than January 15, 2010, with subsequent reports developed and submitted by January 15 at least every fifth year thereafter.
    Sec. 4.  Section 142A.4, subsection 12, Code 2024, is amended by striking the subsection.
    Sec. 5.  Section 142A.5, subsection 8, Code 2024, is amended to read as follows:
   8.  Provide necessary information to the commission to assist the commission in making its annual report to the joint appropriations subcommittee pursuant to section 142A.4, and in fulfilling other commission the commission’s duties pursuant to section 142A.4.
    Sec. 6.  Section 225C.7A, subsection 8, paragraph i, Code 2024, is amended by striking the paragraph.
    Sec. 7.  Section 225C.36, Code 2024, is amended to read as follows:
   225C.36  Family support subsidy program.
   A family support subsidy program is created as specified in this subchapter. The purpose of the family support subsidy program is to keep families together by defraying some of the special costs of caring for a family member at home. The department shall adopt rules to implement the purposes of this section and sections 225C.37 through 225C.42 225C.41 which assure that families retain the greatest possible flexibility in determining appropriate use of the subsidy.
    Sec. 8.  Section 225D.2, subsection 5, paragraph d, Code 2024, is amended by striking the paragraph.
    Sec. 9.  Section 231E.4, subsection 3, paragraph h, Code 2024, is amended to read as follows:
   h.  Maintain statistical data on the local offices including various methods of funding, the types of services provided, and the demographics of the wards and clients, and report to the general assembly on or before November 1, annually, regarding the local offices and recommend any appropriate legislative action.
    Sec. 10.  Section 235A.23, Code 2024, is amended to read as follows:
   235A.23  Reports.
   1.  The department may compile statistics, conduct research, and issue reports on child abuse, provided identifying details of the subject of child abuse reports are deleted from any report issued.
   2.  The department shall issue an annual report on its administrative operation, including information as to the number of requests for child abuse data, the proportion of requests attributable to each type of authorized access, the frequency and nature of irregularities, and other pertinent matters.
    Sec. 11.  Section 235B.13, Code 2024, is amended to read as follows:
   235B.13  Registry reports.
   1.  The registry may compile statistics, conduct research, and issue reports on dependent adult abuse, provided identifying details of the subjects of dependent adult abuse reports are deleted from any report issued.
   2.  The registry shall issue an annual report on its administrative operation, including information as to the number of requests for dependent adult abuse data, the proportion of requests attributable to each type of authorized access, the frequency and nature of irregularities, and other pertinent matters.
    Sec. 12.  Section 249A.4, subsection 1, Code 2024, is amended to read as follows:
   1.  Determine the greatest amount, duration, and scope of assistance which may be provided, and the broadest range of eligible individuals to whom assistance may effectively be provided, under this chapter within the limitations of available funds. In so doing, the director shall at least every six months evaluate the scope of the program currently being provided under this chapter, project the probable cost of continuing a like program, and compare the probable cost with the remaining balance of the state appropriation made for payment of assistance under this chapter during the current appropriation period. After each evaluation of the scope of the program, the director shall report to the general assembly through the legislative council or in another manner as the general assembly may by resolution direct.
    Sec. 13.  Section 249A.24, subsection 4, Code 2024, is amended by striking the subsection.
    Sec. 14.  Section 514I.5, subsection 6, paragraphs f and j, Code 2024, are amended by striking the paragraphs.
    Sec. 15.  2013 Iowa Acts, chapter 138, section 52, is amended to read as follows:
   SEC. 52.  PILOT PROJECT —— GUARDIANSHIP AND CONSERVATORSHIP MONITORING.  The department on aging of health and human services shall collaborate with the national health law and policy resource center at the university of Iowa college of law to establish a three-year pilot project to train, recruit, and oversee volunteers to assist the courts in monitoring guardianships and conservatorships and to provide assistance to guardians and conservators. The pilot project shall be implemented initially in the sixth judicial district. The pilot project shall be utilized to establish a basis for an ongoing guardianship and conservatorship monitoring and assistance program administered through the department on aging of health and human services. The department on aging shall submit an annual report to the individuals identified in this Act for submission of reports. The annual report shall include the objectives and results for the pilot project year, how the funds allocated were utilized in meeting the pilot project’s objectives, the number of individuals served, the types of services provided, any other sources of funding utilized or identified as available for the pilot project, and the continuing needs of the pilot project.
    Sec. 16.  2019 Iowa Acts, chapter 85, section 98, subsection 5, is amended by striking the subsection.
    Sec. 17.  REPEAL.  Sections 142C.17, 217.21, 225C.42, and 225C.69, Code 2024, are repealed.
    Sec. 18.  PUBLIC AVAILABILITY OF INFORMATION AND DATA FROM ELIMINATED REQUIRED REPORTING.  Information and data otherwise required by the reporting requirements eliminated under this Act relating to federal nutrition program egg sales, the board-certified behavior analyst and board-certified assistant behavior analyst grants program and fund, meningococcal disease vaccination information for postsecondary students, tobacco use prevention and control, the condition of the mental health and disability services region incentive fund, the autism support program, the state office of public guardian, the child abuse registry, the dependent adult abuse registry, evaluation of Medicaid program funding and eligibility, the drug utilization review commission’s review of drugs on the prior authorization list, the Hawki program, the guardianship and conservatorship pilot project, nonpublic entity receipt of family planning services’ funds, anatomical gifts, the annual program expenditures review of the director of health and human services, the evaluation of the family support subsidy program, and the implementation and availability of core services in each mental health and disability services region shall continue to be publicly available through modernized, interactive displays found on the department of health and human services’ internet site or upon request.
    Sec. 19.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
    Sec. 20.  RETROACTIVE APPLICABILITY.  This Act applies retroactively to reports due on or after January 1, 2024.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill makes changes to the reporting requirements for the department of health and human services (HHS).
   The bill amends Code section 135.16A(2)(b) relating to vendors participating in federal nutrition program egg sales, by eliminating the requirement that HHS regularly report the status of any request to the United States department of agriculture for a waiver or other exception from regulations as deemed feasible by HHS to the legislative services agency.
   The bill amends Code section 135.181(4) by striking the subsection which requires HHS to submit an annual report to the governor and the general assembly no later than January 1, based on the immediately preceding fiscal year, relating to the board-certified behavior analyst and board-certified assistant behavior analyst grants program and fund, including the number of applications received, the number of applications approved and the total amount of funding awarded in grants, the cost of administering the program, and recommendations for any changes to the program.
   The bill amends Code section 139A.26(5) relating to meningococcal disease vaccination information for postsecondary students. The bill retains the portion of the subsection requiring HHS to adopt administrative rules to administer the Code section, but eliminates the requirement that HHS review the requirements of the Code section at least every five years and submit recommendations for modification or continuation of the section based on new information about the disease or vaccination against the disease in a report to the general assembly no later than January 15, 2010, with subsequent reports developed and submitted by January 15 at least every fifth year thereafter.
   The bill amends Code section 142A.4(12) by striking the subsection which requires the tobacco use prevention and control commission to submit an annual report to the governor and the general assembly regarding the comprehensive tobacco use prevention and control initiative, including demonstrated progress based on performance indicators; and to report more frequently if requested by the joint appropriations subcommittee that makes recommendations concerning the commission’s budget.
   The bill makes a conforming change to Code section 142A.5(8) due to the elimination of the requirement of an annual report under Code section 142A.4(12).
   The bill amends Code section 225C.7A(8)(i) by striking the paragraph that requires HHS, on or before March 1 and September 1 of each fiscal year, to provide the governor’s office and the general assembly with a report of the financial condition of the mental health and disability services region incentive fund, which includes an itemization of the funding source’s balances, types and amount of revenues credited, and payees and payment amounts for the expenditures made from the funding source during the reporting period.
   The bill makes a conforming change in Code section 225C.36 due to the repeal of Code section 225C.42.
   The bill amends Code section 225D.2(5)(d), relating to the autism support program and fund, by striking the paragraph which requires HHS to submit an annual report to the governor and the general assembly no later than January 1, based on the immediately preceding fiscal year, that includes the total number of applications received under the program, the number of applications approved and the total amount of funding expended for reimbursements under the program, the cost of administering the program, the number of eligible individuals on a waiting list, if any, the amount of funding necessary to reduce the existing waiting list, and recommendations for any changes to the program.
   The bill amends Code section 231E.4(3)(h), relating to the state office of public guardian, by amending the paragraph to still require that the state office maintain statistical data on the local offices including various methods of funding, the types of services provided, and the demographics of the wards and clients, but eliminating the requirement that this data be reported to the general assembly annually regarding the local offices and recommending any appropriate legislative action.
   The bill amends Code section 235A.23(2) by striking the subsection which requires HHS to issue an annual report relating to the child abuse registry including its administrative operation, information as to the number of requests for child abuse data, the proportion of requests attributable to each type of authorized access, the frequency and nature of irregularities, and other pertinent matters.
   The bill amends Code section 235B.13(2) by striking the subsection which required the dependent adult abuse registry to issue an annual report on its administrative operation, including information on the number of requests for dependent adult abuse data, the proportion of requests attributable to each type of authorized access, the frequency and nature of irregularities, and other pertinent matters.
   The bill amends Code section 249A.4(1), relating to the duties of the director of HHS, to eliminate the requirement that in determining the greatest amount, duration, and scope of assistance and the broadest range of eligible individuals to whom assistance may be provided under the Medicaid chapter within available funds, the director be required to evaluate the scope of the current program at least every six months, project the probable cost of continuing a like program, compare the probable cost with the remaining balance of the state appropriation for the current appropriation period, and report to the general assembly through the legislative council or in another manner as the general assembly may by resolution direct.
   The bill amends Code section 249A.24(4), by striking the subsection that requires the Iowa medical assistance drug utilization review commission to submit an annual review of the drugs on the HHS’s prior authorization list to HHS and the members of the general assembly’s joint appropriations subcommittee on health and human services.
   The bill amends Code section 514I.5(6)(f) and (j) relating to the Hawki board by eliminating the duty of the board prepare and submit an annual report to the governor, the general assembly, and the council on health and human services concerning the board’s activities, findings, and recommendations; and the duty of the Hawki board to establish an advisory committee to make recommendations to the Hawki board and to the general assembly annually concerning the provision of health insurance coverage to children with special health care needs. 
   The bill amends 2013 Iowa Acts, chapter 138, section 52, relating to the guardianship and conservatorship pilot project by eliminating the requirement that the department on aging (now HHS) submit an annual report to the chairpersons and ranking members of the joint appropriations subcommittee on health and human services, the legislative services agency, and the legislative caucus staffs. The portion of the section relating to the pilot project’s development and implementation is retained and amended to reflect the realignment of the department on aging into HHS.
   The bill amends 2019 Iowa Acts, chapter 85, section 98, subsection 5, relating to distribution of federal funds for family planning by striking the subsection which required the director of public health to submit a report to the governor and the general assembly, annually by January 1, listing any nonpublic entities that provide family planning services but do not provide required primary health services that received funds, and the amount and type of funds received by such entities during the preceding calendar year, as well as a detailed explanation of how the department determined that distribution of funds to such an entity, instead of to certain other entities was necessary to prevent severe limitation or elimination of access to family planning services in the region of the state where the entity is located.
   The bill repeals Code section 142C.17 (annual donation and compliance report), relating to anatomical gifts, which requires HHS, in conjunction with any statewide organ procurement organization in Iowa, to prepare and submit a report to the general assembly on or before January 1 regarding organ donation rates and voluntary compliance efforts with hospital organ and tissue donation protocols by physicians, hospitals, and other health systems organizations, including certain prescribed information.
   The bill repeals Code section 217.21 (annual report) which requires HHS to make an annual report to the governor and general assembly, covering the prior fiscal year, that includes an itemized statement of HHS’s expenditures concerning each program under HHS’s administration, adequate and complete statistical reports for the state as a whole concerning all payments made under HHS’s administration, recommendations as to changes in laws under HHS’s administration as the director may deem necessary, observations and recommendations of the director and the council on health and human services relative to HHS programs, and such other information as the director or council deems advisable, or which may be requested by the governor or by the general assembly.
   The bill repeals Code section 225C.42 (annual evaluation of program), which requires HHS to conduct an annual evaluation of the family support subsidy program and submit the evaluation report with recommendations to the governor and general assembly, on or before October 30 for the latest completed fiscal year.
   The bill repeals Code section 225C.69 (annual reports), which requires HHS to annually deliver a report to the general assembly providing a summary of the status of implementing core services in each mental health and disability services region, the accessibility of core services in each region, how each region is using regional services funding, and recommendations for improvements to the mental health and disability services system.
   The bill also provides that information and data otherwise required by the reporting requirements eliminated under the bill shall continue to be publicly available through modernized, interactive displays found on the HHS internet site or upon request.
   The bill takes effect upon enactment and applies retroactively to reports due on or after January 1, 2024.