House
File
726
-
Reprinted
HOUSE
FILE
726
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
549)
(As
Amended
and
Passed
by
the
House
March
20,
2019
)
A
BILL
FOR
An
Act
relating
to
certain
health
and
human
services-related
1
entities
including
membership,
reimbursement,
and
the
2
elimination
or
combining
of
such
entities.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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726
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726
DIVISION
I
1
IOWA
COLLABORATIVE
SAFETY
NET
PROVIDER
NETWORK
2
Section
1.
Section
135.24,
subsection
7,
paragraph
e,
Code
3
2019,
is
amended
to
read
as
follows:
4
e.
“Specialty
health
care
provider
office”
means
the
5
private
office
or
clinic
of
an
individual
specialty
health
6
care
provider
or
group
of
specialty
health
care
providers
as
7
referred
by
the
Iowa
collaborative
safety
net
provider
network
8
established
in
section
135.153
,
but
does
not
include
a
field
9
dental
clinic,
a
free
clinic,
or
a
hospital.
10
Sec.
2.
Section
135.159,
subsection
1,
paragraph
h,
Code
11
2019,
is
amended
by
striking
the
paragraph.
12
Sec.
3.
REPEAL.
Section
135.153,
Code
2019,
is
repealed.
13
DIVISION
II
14
HOSPITAL
HEALTH
CARE
ACCESS
TRUST
FUND
BOARD
15
Sec.
4.
Section
249M.4,
Code
2019,
is
amended
to
read
as
16
follows:
17
249M.4
Hospital
health
care
access
trust
fund
——
board
.
18
1.
A
hospital
health
care
access
trust
fund
is
created
19
in
the
state
treasury
under
the
authority
of
the
department.
20
Moneys
received
through
the
collection
of
the
hospital
health
21
care
access
assessment
imposed
under
this
chapter
and
any
22
other
moneys
specified
for
deposit
in
the
trust
fund
shall
be
23
deposited
in
the
trust
fund.
24
2.
Moneys
in
the
trust
fund
shall
be
used,
subject
to
25
their
appropriation
by
the
general
assembly,
by
the
department
26
to
reimburse
participating
hospitals
the
medical
assistance
27
program
upper
payment
limit
for
inpatient
and
outpatient
28
hospital
services
as
calculated
in
this
section
.
Following
29
payment
of
such
upper
payment
limit
to
participating
hospitals,
30
any
remaining
funds
in
the
trust
fund
on
an
annual
basis
may
be
31
used
for
any
of
the
following
purposes:
32
a.
To
support
medical
assistance
program
utilization
33
shortfalls.
34
b.
To
maintain
the
state’s
capacity
to
provide
access
to
and
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delivery
of
services
for
vulnerable
Iowans.
1
c.
To
fund
the
health
care
workforce
support
initiative
2
created
pursuant
to
section
135.175
.
3
d.
To
support
access
to
health
care
services
for
uninsured
4
Iowans.
5
e.
To
support
Iowa
hospital
programs
and
services
which
6
expand
access
to
health
care
services
for
Iowans.
7
3.
The
trust
fund
shall
be
separate
from
the
general
fund
8
of
the
state
and
shall
not
be
considered
part
of
the
general
9
fund.
The
moneys
in
the
trust
fund
shall
not
be
considered
10
revenue
of
the
state,
but
rather
shall
be
funds
of
the
hospital
11
health
care
access
assessment
program.
The
moneys
deposited
12
in
the
trust
fund
are
not
subject
to
section
8.33
and
shall
not
13
be
transferred,
used,
obligated,
appropriated,
or
otherwise
14
encumbered,
except
to
provide
for
the
purposes
of
this
chapter
.
15
Notwithstanding
section
12C.7,
subsection
2
,
interest
or
16
earnings
on
moneys
deposited
in
the
trust
fund
shall
be
17
credited
to
the
trust
fund.
18
4.
The
department
shall
adopt
rules
pursuant
to
chapter
19
17A
to
administer
the
trust
fund
and
reimbursements
and
20
expenditures
as
specified
in
this
chapter
made
from
the
trust
21
fund.
22
5.
a.
Beginning
July
1,
2010,
or
the
implementation
date
23
of
the
hospital
health
care
access
assessment
program
as
24
determined
by
receipt
of
approval
from
the
centers
for
Medicare
25
and
Medicaid
services
of
the
United
States
department
of
health
26
and
human
services,
whichever
is
later,
the
department
shall
27
increase
the
diagnostic
related
groups
and
ambulatory
patient
28
classifications
base
rates
to
provide
payments
to
participating
29
hospitals
at
the
Medicare
upper
payment
limit
for
the
fiscal
30
year
beginning
July
1,
2010,
calculated
as
of
July
31,
2010.
31
Each
participating
hospital
shall
receive
the
same
percentage
32
increase,
but
the
percentage
may
differ
depending
on
whether
33
the
basis
for
the
base
rate
increase
is
the
diagnostic
related
34
groups
or
ambulatory
patient
classifications.
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b.
The
percentage
increase
shall
be
calculated
by
dividing
1
the
amount
calculated
under
subparagraph
(1)
by
the
amount
2
calculated
under
subparagraph
(2)
as
follows:
3
(1)
The
amount
under
the
Medicare
upper
payment
limit
for
4
the
fiscal
year
beginning
July
1,
2010,
for
participating
5
hospitals.
6
(2)
The
projected
expenditures
for
participating
hospitals
7
for
the
fiscal
year
beginning
July
1,
2010,
as
determined
by
8
the
fiscal
management
division
of
the
department,
plus
the
9
amount
calculated
under
subparagraph
(1).
10
6.
For
the
fiscal
year
beginning
July
1,
2011,
and
for
11
each
fiscal
year
beginning
July
1,
thereafter,
the
payments
to
12
participating
hospitals
shall
continue
to
be
calculated
based
13
on
the
upper
payment
limit
as
calculated
for
the
fiscal
year
14
beginning
July
1,
2010.
15
7.
Reimbursement
of
participating
hospitals
shall
16
incorporate
the
rebasing
process
for
inpatient
and
outpatient
17
services
for
state
fiscal
year
2012.
However,
the
total
amount
18
of
increased
funding
available
for
reimbursement
attributable
19
to
rebasing
shall
not
exceed
four
million
five
hundred
thousand
20
dollars
for
state
fiscal
year
2012
and
six
million
dollars
for
21
state
fiscal
year
2013.
22
8.
Any
payments
to
participating
hospitals
under
this
23
section
shall
result
in
budget
neutrality
to
the
general
fund
24
of
the
state.
25
9.
a.
A
hospital
health
care
access
trust
fund
board
is
26
established
consisting
of
the
following
members:
27
(1)
The
co-chairpersons
and
the
ranking
members
of
the
joint
28
appropriations
subcommittee
on
health
and
human
services.
29
(2)
The
Iowa
medical
assistance
program
director.
30
(3)
Two
hospital
executives
representing
the
two
largest
31
private
health
care
systems
in
the
state.
32
(4)
The
president
of
the
Iowa
hospital
association.
33
(5)
A
representative
of
a
consumer
advocacy
group,
involved
34
in
both
state
and
national
initiatives,
that
provides
data
on
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key
indicators
of
well-being
for
children
and
families
in
order
1
to
inform
policymakers
to
help
children
and
families
succeed.
2
b.
The
board
shall
do
all
of
the
following:
3
(1)
Provide
oversight
of
the
trust
fund.
4
(2)
Make
recommendations
regarding
the
hospital
health
care
5
access
assessment
program,
including
recommendations
regarding
6
the
assessment
calculation,
assessment
amounts,
payments
to
7
participating
hospitals,
and
use
of
the
moneys
in
the
trust
8
fund.
9
(3)
Submit
an
annual
report
to
the
governor
and
the
general
10
assembly
regarding
the
use
and
expenditure
of
moneys
deposited
11
in
the
trust
fund.
12
c.
The
department
shall
provide
administrative
assistance
13
to
the
board.
14
DIVISION
III
15
ADVISORY
COMMITTEE
TO
THE
CENTER
FOR
RURAL
HEALTH
AND
PRIMARY
16
CARE
17
Sec.
5.
Section
135.107,
subsection
5,
Code
2019,
is
amended
18
by
striking
the
subsection.
19
Sec.
6.
Section
262.78,
subsection
3,
Code
2019,
is
amended
20
to
read
as
follows:
21
3.
The
president
of
the
university
of
Iowa,
in
consultation
22
with
the
president
of
Iowa
state
university
of
science
and
23
technology,
shall
employ
a
full-time
director
of
the
center.
24
The
center
may
employ
staff
to
carry
out
the
center’s
purpose.
25
The
director
shall
coordinate
the
agricultural
health
and
26
safety
programs
of
the
center.
The
director
shall
regularly
27
meet
and
consult
with
the
advisory
committee
to
the
center
for
28
rural
health
and
primary
care.
The
director
shall
provide
29
the
board
of
regents
with
relevant
information
regarding
the
30
center.
31
DIVISION
IV
32
GOVERNMENTAL
PUBLIC
HEALTH
ADVISORY
COUNCIL
33
Sec.
7.
Section
135A.2,
subsection
2,
Code
2019,
is
amended
34
by
striking
the
subsection.
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Sec.
8.
Section
135A.9,
subsection
1,
Code
2019,
is
amended
1
by
striking
the
subsection.
2
Sec.
9.
REPEAL.
Section
135A.4,
Code
2019,
is
repealed.
3
DIVISION
V
4
PATIENT-CENTERED
HEALTH
ADVISORY
COUNCIL
5
Sec.
10.
REPEAL.
Section
135.159,
Code
2019,
is
repealed.
6
DIVISION
VI
7
COMBINING
STATE
MEDICAL
EXAMINER
ADVISORY
COUNCIL
WITH
THE
8
INTERAGENCY
COORDINATING
COUNCIL
9
Sec.
11.
Section
691.6B,
Code
2019,
is
amended
to
read
as
10
follows:
11
691.6B
Interagency
coordinating
council.
12
1.
An
interagency
coordinating
council
is
created
to
advise
13
do
all
of
the
following:
14
a.
Advise
and
consult
with
the
state
medical
examiner
on
a
15
range
of
issues
affecting
the
organization
and
functions
of
the
16
office
of
the
state
medical
examiner
and
the
effectiveness
of
17
the
medical
examiner
system
in
the
state.
18
b.
Advise
the
state
medical
examiner
concerning
the
19
assurance
of
effective
coordination
of
the
functions
and
20
operations
of
the
office
of
the
state
medical
examiner
with
the
21
needs
and
interests
of
the
departments
of
public
safety
and
22
public
health.
23
2.
Members
of
the
interagency
coordinating
council
shall
24
include
the
all
of
the
following:
25
a.
The
state
medical
examiner,
or
when
the
state
medical
26
examiner
is
not
available,
the
deputy
state
medical
examiner
;
27
the
.
28
b.
The
commissioner
of
public
safety
or
the
commissioner’s
29
designee
;
the
.
30
c.
The
director
of
public
health
or
the
director’s
designee
;
31
and
the
.
32
d.
The
governor
or
the
governor’s
designee.
33
e.
Representatives
from
the
office
of
the
attorney
general,
34
the
Iowa
county
attorneys
association,
the
Iowa
medical
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society,
the
Iowa
association
of
pathologists,
the
Iowa
1
association
of
medical
examiners,
the
statewide
emergency
2
medical
system,
and
the
Iowa
funeral
directors
association.
3
3.
The
interagency
coordinating
council
shall
meet
on
4
a
regular
basis
,
and
shall
be
organized
and
function
as
5
established
by
the
state
medical
examiner
by
rule
.
6
Sec.
12.
REPEAL.
Section
691.6C,
Code
2019,
is
repealed.
7
DIVISION
VII
8
TOBACCO
USE
PREVENTION
AND
CONTROL
COMMISSION
——
MEMBERSHIP
——
9
MEETINGS
——
EXPENSES
10
Sec.
13.
Section
142A.3,
subsection
6,
Code
2019,
is
amended
11
to
read
as
follows:
12
6.
Citizen
members
shall
be
reimbursed
for
actual
and
13
necessary
expenses
incurred
in
performance
of
their
duties.
14
Citizen
members
shall
be
paid
a
per
diem
as
specified
in
15
section
7E.6
.
Legislative
members
are
eligible
for
per
diem
16
and
expenses
as
provided
in
section
2.10
.
17
Sec.
14.
Section
142A.3,
subsection
9,
Code
2019,
is
amended
18
to
read
as
follows:
19
9.
The
commission
shall
elect
a
chairperson
from
among
its
20
voting
members
and
may
select
other
officers
from
among
its
21
voting
members,
as
determined
necessary
by
the
commission.
22
The
commission
shall
meet
regularly
no
more
than
quarterly
as
23
determined
by
the
commission,
upon
the
call
of
the
chairperson,
24
or
upon
the
call
of
a
majority
of
the
voting
members.
25
Sec.
15.
TOBACCO
USE
PREVENTION
AND
CONTROL
COMMISSION
——
26
MEMBERSHIP
REDUCTION.
The
tobacco
use
prevention
and
control
27
commission
shall
evaluate
the
membership
of
the
commission
28
and
shall
submit
to
the
department
of
public
health
the
29
commission’s
recommendation,
to
be
submitted
by
the
director
30
of
public
health
as
proposed
legislation
in
compliance
with
31
section
2.16
for
consideration
by
the
general
assembly
during
32
the
2020
legislative
session,
to
reduce
the
number
of
voting
33
members
from
nine
to
seven
members.
34
DIVISION
VIII
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TRAUMA
SYSTEM
ADVISORY
COUNCIL
1
Sec.
16.
Section
147A.24,
subsection
2,
Code
2019,
is
2
amended
to
read
as
follows:
3
2.
The
council
shall
consist
of
seven
members
to
be
4
appointed
by
the
director
from
the
recommendations
of
5
the
organizations
in
subsection
1
for
terms
of
two
years.
6
Vacancies
on
the
council
shall
be
filled
for
the
remainder
of
7
the
term
of
the
original
appointment.
Members
whose
terms
8
expire
may
be
reappointed.
9
Sec.
17.
TRANSITION
PROVISIONS.
Notwithstanding
any
10
provision
of
section
147A.24,
subsection
2,
to
the
contrary,
a
11
member
of
the
trauma
system
advisory
council
on
July
1,
2019,
12
shall
continue
serving
until
the
expiration
of
that
member’s
13
term
or
until
a
vacancy
occurs
prior
to
the
expiration
of
the
14
applicable
term,
and
such
vacancy
shall
only
be
filled
to
the
15
extent
consistent
with
and
necessary
to
maintain
the
total
16
number
of
members
of
the
council
specified
in
section
147A.24,
17
subsection
2,
as
amended
in
this
Act.
18
DIVISION
IX
19
TELECONFERENCE
OPTION
FOR
STATE
ENTITIES
20
Sec.
18.
NEW
SECTION
.
135.11B
Statutory
board,
commission,
21
committee,
or
council
of
committee
——
teleconference
option.
22
Any
statutorily
established
board,
commission,
committee,
or
23
council
established
under
the
purview
of
the
department
shall
24
provide
for
a
teleconference
option
for
board,
commission,
25
committee,
or
council
members
to
participate
in
official
26
meetings.
27
DIVISION
X
28
ELIMINATION
OF
PAYMENT
OF
EXPENSES
FOR
PUBLIC
MEMBERS
OF
29
CERTAIN
STATE
ENTITIES
30
Sec.
19.
Section
105.3,
subsection
6,
Code
2019,
is
amended
31
by
striking
the
subsection.
32
Sec.
20.
Section
135.43,
subsection
2,
unnumbered
paragraph
33
1,
Code
2019,
is
amended
to
read
as
follows:
34
The
membership
of
the
review
team
is
subject
to
the
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provisions
of
sections
69.16
and
69.16A
,
relating
to
political
1
affiliation
and
gender
balance.
Review
team
members
who
2
are
not
designated
by
another
appointing
authority
shall
be
3
appointed
by
the
state
medical
examiner.
Membership
terms
4
shall
be
for
three
years.
A
membership
vacancy
shall
be
filled
5
in
the
same
manner
as
the
original
appointment.
The
review
6
team
shall
elect
a
chairperson
and
other
officers
as
deemed
7
necessary
by
the
review
team.
The
review
team
shall
meet
upon
8
the
call
of
the
state
medical
examiner
or
as
determined
by
9
the
review
team.
The
members
of
the
team
are
eligible
for
10
reimbursement
of
actual
and
necessary
expenses
incurred
in
the
11
performance
of
their
official
duties.
The
review
team
shall
12
include
the
following:
13
Sec.
21.
Section
135.62,
subsection
2,
paragraph
e,
Code
14
2019,
is
amended
by
striking
the
paragraph.
15
Sec.
22.
Section
147A.3,
Code
2019,
is
amended
to
read
as
16
follows:
17
147A.3
Meetings
of
the
council
——
quorum
——
expenses
.
18
Membership,
terms
of
office,
and
quorum
,
and
expenses
shall
19
be
determined
by
the
director
pursuant
to
chapter
135
.
20
Sec.
23.
Section
256I.3,
subsection
3,
Code
2019,
is
amended
21
by
striking
the
subsection.
22
DIVISION
XI
23
ELIMINATION
OF
CHILD
WELFARE
ADVISORY
COMMITTEE,
CHILD
24
SUPPORT
ADVISORY
COMMITTEE,
CHILDREN’S
MENTAL
HEALTH
WAIVER
25
IMPLEMENTATION
COMMITTEE,
AND
PROPERTY
TAX
RELIEF
FUND
RISK
26
POOL.
27
Sec.
24.
Section
217.3A,
subsection
1,
Code
2019,
is
amended
28
to
read
as
follows:
29
1.
General.
The
council
on
human
services
shall
establish
30
and
utilize
the
advisory
committees
committee
identified
in
31
this
section
and
may
establish
and
utilize
other
advisory
32
committees.
The
council
shall
establish
appointment
33
provisions,
membership
terms,
operating
guidelines,
and
other
34
operational
requirements
for
committees
established
pursuant
to
35
-8-
HF
726
(6)
88
pf/rh/md
8/
9
H.F.
726
this
section
.
1
Sec.
25.
Section
217.3A,
subsections
3
and
4,
Code
2019,
are
2
amended
by
striking
the
subsections.
3
Sec.
26.
Section
426B.5,
subsection
1,
Code
2019,
is
amended
4
by
striking
the
subsection.
5
Sec.
27.
2005
Iowa
Acts,
chapter
117,
section
4,
subsection
6
3,
is
amended
by
striking
the
subsection.
7
DIVISION
XII
8
MEDICAL
ASSISTANCE
ADVISORY
COUNCIL
9
Sec.
28.
MEDICAL
ASSISTANCE
ADVISORY
COUNCIL
——
VOTING
10
MEMBER
SUSPENSION.
Notwithstanding
any
provision
of
law
to
the
11
contrary,
if
a
representative
of
a
professional
or
business
12
entity,
a
public
member,
or
a
member
of
the
hawk-i
board
who
13
is
a
voting
member
of
the
medical
assistance
advisory
council
14
pursuant
to
section
249A.4B,
subsection
2,
is
absent
for
15
two
consecutive
meetings
of
the
medical
assistance
advisory
16
council,
the
member
shall
be
suspended
from
participation
in
17
the
deliberations
of
the
advisory
council
for
a
period
of
18
twelve
months
from
the
date
of
the
member’s
second
absence.
19
During
the
member’s
suspension
period,
the
voting
rights
of
the
20
professional
or
business
entity,
consumer
group
or
consumer
21
organization,
or
the
hawk-i
board
shall
not
be
exercised,
but
22
the
vacancy
in
voting
membership
shall
not
prohibit
the
medical
23
assistance
advisory
council
from
achieving
a
quorum.
24
-9-
HF
726
(6)
88
pf/rh/md
9/
9