Emergency Rule-Making Documents Filed Prior to Publication in the Iowa Administrative Bulletin (IAB)
|ARC||Agency||Subject of Rule Making||Agency Document||Effective Date||Publication Date in IAB|
|ARC 4152C||Corrections Department||
Amendments to chapters 1, 38, 42, 43, 44 and 45, were Adopted and Filed and published in the August 1, 2018, Iowa Administrative Bulletin as ARC 3929C. On August 14, 2018, the Administrative Rules Review Committee expressed concern regarding the changes to the rules pertaining to the judicial districts. Pursuant to Iowa Code section 17A.3, the Committee voted to delay the effective date of ARC 3929C for 70 days, allowing time for further discussion for the department and the judicial districts to finalize changes. At its November 13th, 2018, meeting, the Administrative Rules Review Committee reviewed language proposed by Corrections staff and, pursuant to Iowa Code section 17A.3, approved the emergency adoption of the amendments.
|ARC 4121C||Administrative Services Department||
These rules are being amended to update policies and procedures relating to reporting and investigation of sexual harassment, discrimination, equal opportunity, and affirmative action complaints in the State of Iowa Executive Branch. The amendments provide that these complaints may be made directly to the Administrative Services Department or the Office of the Governor, rather than just within an agency. They also provide that the Administrative Services Department shall conduct investigations of such conduct unless otherwise directed by the Office of the Governor. In addition, the amendments clarify the confidentiality of the complaint and investigation process. These amendments are consistent with the revised policies that are being issued simultaneously with the adoption of these emergency rules.
|ARC 4085C||Pharmacy Board||
This proposed rule making temporarily places into Schedule V of the Iowa Uniform Controlled Substances act any FDA-approved drugs which contain cannabidiol (CBD) derived from cannabis and no more than 0.1 percent tetrahydrocannabinols (THC).
|ARC 4040C||Insurance Division||
The adoption of the new rules herein serves two purposes, all of which are met by including the rules in one chapter to contribute to regulatory clarity.
The first purpose of the new rules is to comply with 2018 Iowa Acts, Senate File 2349, section 2, which requires the Insurance Commissioner to adopt rules to implement its provisions. Senate File 2349 provides, among other things, that an entity that wants to act in Iowa as a multiple employer welfare arrangement (MEWA) must, in addition to meeting the other requirements of Iowa Code chapter 507A, meet certain “membership stability” requirements set forth by the Insurance Commissioner by rule. The new rules of Chapter 191—77 included in this Notice is intended to set forth such membership requirements for entities wishing to establish a fully insured MEWA, by ascertaining that there is a firm foundation for the stability of the underlying organization. Such stability is critical to ensure consumer protection.
Concurrently with the adoption of these rules, the Division is conducting an Adopted Emergency After Notice rule making (ARC) rule making, which rescinds current chapter 191—77 and replaces it with rules that set forth such membership requirements for entities wishing to establish a self-funded MEWA.
During the comment period for the Notice of Intended Action for the previously adopted chapter 191—77 (ARC 3894C), the Insurance Division received comments from stakeholders that asked the extent of the application of those new rules to fully insured MEWAs. Accordingly, by making changes to the noticed rules of ARC 3894C (the Division clarified that those rules shall apply only to self-funded MEWAs through the changes incorporated into ARC ). In this rule-making (in which the Division clarifies that some of these rules specifically apply only to fully insured MEWAs), the Division addresses the confusion and clarifies the requirements for both types of MEWA.
The second purpose intended by these proposed new rules is to address the Department of Labor’s rule, 83 FR 28912 (DOL rule) issued on June 19, 2018, which established criteria for the creation and administration of Association Health Plans (AHPs), and permitted the establishment of AHPs in a staggered implementation timeline beginning September 1, 2018.
The new DOL rule established some criteria under the Employee Retirement Income Security Act (ERISA) (section 3(5)), in addition to criteria already there. The new criteria permit a determination whereby employers may join together in a group or association of employers whereby, if the criteria are met, they will be permitted to be treated as if the group or association of employers were an employer sponsor of a single multiple-employer “employee welfare benefit plan” and “group health plan,” as those terms are defined in Title I of ERISA. The DOL rule established a more flexible “commonality of interest” test for the employer members to support the establishment and maintenance of AHPs under ERISA. The DOL rule facilitates the adoption and administration of AHPs and expands access to affordable health coverage.
In anticipation of this rule, the Iowa Legislature granted the Insurance Commissioner rule-making authority, including emergency rule-making authority, over such AHPs in Iowa Code Chapter 514D, in 2018 Iowa Acts, Senate File 2349, Sections 5 and 7. The rules proposed in this rule making provide a framework for the establishment of both fully insured and self- insured AHPs, as contemplated in the DOL rule.
The DOL rule contained a staggered implementation timeline, allowing for associations to establish a fully insured AHP beginning September 1, 2018. This rule making is are adopted emergency after notice in order to comply with both the requirements of the DOL rule and the authority granted to the Commissioner in 514D (through 2018 Iowa Acts, Senate File 2349, Sections 5 and 7).
These rules also address fully insured MEWAs, which are separate from the self-insured MEWAs that were addressed in prior rulemaking. During the rulemaking process for Iowa Administrative Code Chapter 77 regarding self-funded MEWAs, it became clear that many stakeholders had questions about the applicability of existing rules under Iowa Administrative Code Chapter 77 to fully insured MEWAs.
|ARC 3844C||College Student Aid Commission||
Amendments to subrule 1.2(3) were Adopted and Filed and published in the March 28, 2018, Iowa Administrative Bulletin as ARC 3699C. On April 9, 2018, the Administrative Rules Review Committee, pursuant to Iowa Code section 17A.4(7), expressed concern regarding the language clarifying the number of meetings held annually and the definition of affirmative votes. The Committee voted to delay the effective date of ARC 3699C for 70 days, allowing Commission staff to propose amendments to address their concerns. At its May 8, 2018, meeting, the Administrative Rules Review Committee reviewed language proposed by Commission staff and, pursuant to Iowa Code section 17A.4(3), approved the Emergency adoption of the amendments.
|ARC 3599C||Human Services Department||
These amendments implement the January 1, 2018, cost of living adjustments (COLA) to income limits and benefit amounts for several State Supplementary Assistance (SSA) categories. These rules also implement the changed personal needs allowance for the Residential Care Facility (RCF) assistance and Family-Life Home (FLH) assistance. The net change to the personal needs allowance is a decrease due to a small COLA percentage increase that is offset by a larger decrease in the average monthly Medicaid co-payments used to calculate the amount of this deduction.