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Senate Study Bill 3139 - IntroducedA Bill ForAn Act 1relating to health-related matters, including
2health-related professions, certificates of need, and
3nutrition, and including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CONTINUING EDUCATION REQUIREMENTS — NUTRITION AND METABOLIC
3HEALTH
4 Section 1. Section 148.3, Code 2026, is amended by adding
5the following new subsection:
6 NEW SUBSECTION. 5. The board shall adopt rules pursuant to
7chapter 17A requiring a licensee practicing family medicine,
8internal medicine, pediatrics, psychiatry, endocrinology,
9gastroenterology, cardiology, oncology, rheumatology,
10neurology, nephrology, dermatology, pulmonology, surgery,
11immunology, hematology, obstetrics, or gynecology to complete a
12minimum of one hour of continuing education on nutrition and
13metabolic health every four years as a condition of license
14renewal.
15 Sec. 2. Section 148C.3, subsection 1, paragraph c, Code
162026, is amended to read as follows:
17c. Hours of continuing medical education necessary to become
18or remain licensed. The board shall adopt rules pursuant to
19chapter 17A requiring a licensee practicing family medicine,
20internal medicine, pediatrics, psychiatry, endocrinology,
21gastroenterology, cardiology, oncology, rheumatology,
22neurology, nephrology, dermatology, pulmonology, surgery,
23immunology, hematology, obstetrics, or gynecology to complete a
24minimum of one hour of continuing education on nutrition and
25metabolic health every four years as a condition of license
26renewal.
27DIVISION II
28CERTIFICATE OF NEED
29 Sec. 3. Section 135.61, subsection 16, paragraphs e, g, i,
30and k, Code 2026, are amended by striking the paragraphs.
31 Sec. 4. Section 135.61, subsection 16, paragraph m,
32subparagraphs (2) and (3), Code 2026, are amended by striking
33the subparagraphs.
34 Sec. 5. Section 135.62, subsection 2, paragraph a, Code
352026, is amended to read as follows:
-1- 1a. Private offices and private clinics of an individual
2physician, dentist, or other practitioner or group of
3health care providers, except as provided by section 135.61,
4subsection 16, paragraphs “g”, “h”, and “m”, and section 135.61,
5subsections 2 and 18.
6 Sec. 6. Section 135.62, subsection 2, paragraph e,
7subparagraph (2), Code 2026, is amended to read as follows:
8(2) Acquires major medical equipment as provided by section
9135.61, subsection 16, paragraphs “i” and paragraph “j”.
10 Sec. 7. Section 135.62, subsection 2, paragraph g,
11subparagraph (1), unnumbered paragraph 1, Code 2026, is amended
12to read as follows:
13A reduction in bed capacity of an institutional health
14facility, notwithstanding any provision in this subchapter to
15the contrary, except where a provision expressly exempts such a
16reduction, if all of the following conditions exist:
17 Sec. 8. Section 135.62, subsection 2, paragraph k,
18subparagraph (1), unnumbered paragraph 1, Code 2026, is amended
19to read as follows:
20The redistribution of beds by a hospital within the acute
21care category of bed usage, notwithstanding any provision in
22this subchapter to the contrary, except where a provision
23expressly exempts such a redistribution of skilled nursing
24facility or swing beds by a hospital, if all of the following
25conditions exist:
26 Sec. 9. Section 135.62, subsection 2, paragraph p, Code
272026, is amended by striking the paragraph.
28 Sec. 10. Section 135.62, subsection 2, Code 2026, is amended
29by adding the following new paragraphs:
30 NEW PARAGRAPH. r. An outpatient facility that provides
31behavioral health services, as defined by rule by the
32department, to individuals on an outpatient basis, including
33but not limited to substitution-based treatment centers for
34opiate addiction.
35 NEW PARAGRAPH. s. Open heart surgical services.
-2-1 NEW PARAGRAPH. t. Organ transplantation services.
2 NEW PARAGRAPH. u. Notwithstanding any provision of this
3subchapter to the contrary, any acquisition whether acquired
4by purchase, lease, or donation by or on behalf of a health
5care provider or a group of health care providers of any piece
6of replacement equipment with a value in excess of one million
7five hundred thousand dollars.
8 NEW PARAGRAPH. v. Notwithstanding any provision of
9this subchapter to the contrary, any acquisition whether
10acquired by purchase, lease, or donation by or on behalf of
11an institutional health facility or a health maintenance
12organization of any piece of replacement equipment with a value
13in excess of one million five hundred thousand dollars.
14 NEW PARAGRAPH. w. Any air transportation service for
15transportation of patients or medical personnel offered through
16an institutional health facility.
17 NEW PARAGRAPH. x. Notwithstanding any provision of
18this subchapter to the contrary, bed capacity changes by an
19institutional health facility that constitute a permanent
20change or reduction in, or a redistribution, deletion, or
21conversion of, nursing facility beds, skilled nursing facility
22beds, or swing beds.
23 NEW PARAGRAPH. y. Notwithstanding any provision of
24this subchapter to the contrary, bed capacity changes
25that constitute a permanent change or reduction in, or
26a redistribution, deletion, or conversion of, beds in
27intermediate care facilities for persons with mental
28illness, or intermediate care facilities for persons with an
29intellectual disability.
30 Sec. 11. Section 135.62, subsection 4, Code 2026, is amended
31to read as follows:
324. The department shall not process applications for an
33intermediate care facility for persons with an intellectual
34disability, or consider a new or changed institutional health
35service for an intermediate care facility for persons with
-3-1an intellectual disability, unless both of the following
2conditions are met:
3a. The new or changed beds shall not result in an
4increase in the total number of medical assistance certified
5intermediate care facility beds for persons with an
6intellectual disability in the state, exclusive of those beds
7at the state resource centers or other state institutions,
8beyond one thousand six hundred thirty-six beds.
9b. A a letter of support for the application is provided by
10the county board of supervisors, or the board’s designee, in
11the county in which the beds facility is or would be located.
12 Sec. 12. Section 135.65, subsection 3, paragraph b, Code
132026, is amended to read as follows:
14b. A period for the submission of written public hearing
15 comments from affected persons on the application, to be held
16 scheduled prior to completion of the evaluation required by
17paragraph “a”.
18 Sec. 13. Section 135.65, subsection 4, Code 2026, is amended
19by striking the subsection.
20 Sec. 14. Section 135.70, subsection 2, Code 2026, is amended
21to read as follows:
222. Upon expiration of a certificate of need, and prior to
23extension of the certificate of need, any affected person shall
24have the right to submit to the department information which
25may be relevant to the question of granting an extension. The
26department may call a public hearing for this purpose.
27DIVISION III
28SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM — SUMMER ELECTRONIC
29BENEFITS TRANSFER FOR CHILDREN PROGRAM
30 Sec. 15. Section 234.1, Code 2026, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 4A. “Summer electronic benefits transfer
33for children program” or “summer EBT program” means the summer
34electronic benefits transfer for children program established
35in 42 U.S.C. §1762.
-4-1 Sec. 16. NEW SECTION. 234.12B Supplemental nutrition
2assistance program — summer electronic benefits transfer for
3children program.
41. The department shall do all of the following:
5a. Continuously maintain state participation in SNAP
6by administering the program in accordance with guidelines
7approved by the United States department of agriculture,
8food and nutrition service, that specify that eligible foods
9pursuant to 7 C.F.R. §271.2 are healthy foods as defined by the
10director or the director’s designee.
11b. Ensure that the provision of SNAP benefits to recipients
12is uninterrupted.
132. The department may participate in the summer EBT program
14subject to federally approved eligible foods for the summer EBT
15program being consistent with eligible foods as described in
16subsection 1, paragraph “a”.
17DIVISION IV
18SCHOOL FOODS AND BEVERAGES
19 Sec. 17. Section 256E.7, subsection 2, Code 2026, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0t. Be subject to and comply with the
22requirements of section 283A.6 relating to the preparation
23of meals provided to students, and prohibited ingredients in
24meals provided to students, in the same manner as a school
25district, if the charter school provides a breakfast or lunch
26program through the national school lunch program or the school
27breakfast program administered by the food and nutrition
28service of the United States department of agriculture.
29 Sec. 18. Section 256F.4, subsection 2, Code 2026, is amended
30by adding the following new paragraph:
31 NEW PARAGRAPH. v. Be subject to and comply with the
32requirements of section 283A.6 relating to the preparation of
33meals provided to students, and prohibited ingredients in meals
34provided to students, in the same manner as a school district,
35if the charter school or innovation zone school provides a
-5-1breakfast or lunch program.
2 Sec. 19. NEW SECTION. 283A.6 School district breakfast
3and lunch programs — food and beverages provided to students —
4prohibited ingredients.
51. a. A school district shall not serve a meal to students
6as part of the school district’s breakfast or lunch program
7that contains any of the following ingredients:
8(1) Blue dye 1.
9(2) Blue dye 2.
10(3) Green dye 3.
11(4) Potassium bromate.
12(5) Propylparaben.
13(6) Red dye 40.
14(7) Yellow dye 5.
15(8) Yellow dye 6.
16b. Paragraph “a” does not apply to food and beverages
17received as part of a direct delivery from the foods in schools
18program of the United States department of agriculture.
192. An employee or contracted vendor of a school district
20shall not provide any food or beverages that contain an
21ingredient described in subsection 1 to a student enrolled in
22the school district during the school day.
233. A school district shall not permit the sale to students
24of any foods or beverages that contain an ingredient described
25in subsection 1 on the school campus, as school campus is
26defined in 7 C.F.R. §210.11 as of January 1, 2026, unless the
27sale takes place outside of the school day, as school day is
28defined in 7 C.F.R. §210.11 as of January 1, 2026.
29 Sec. 20. Section 283A.10, Code 2026, is amended to read as
30follows:
31283A.10 School breakfast or lunch in nonpublic schools.
32The authorities in charge of nonpublic schools may operate
33or provide for the operation of school breakfast or lunch
34programs in schools under their jurisdiction and may use funds
35appropriated to them by the general assembly, gifts, funds
-6-1received from sale of school breakfasts or lunches under such
2programs, and any other funds available to the nonpublic
3school. However, school breakfast or lunch programs shall not
4be required in nonpublic schools. The department of education
5shall direct the disbursement of state funds to nonpublic
6schools for school breakfast or lunch programs in the same
7manner as state funds are disbursed to public schools. If
8a nonpublic school receives state funds for the operation of
9a school breakfast or lunch program, meals served under the
10program shall be nutritionally adequate meals, as defined in
11section 283A.1, and shall comply with the requirements of
12section 283A.6.
13 Sec. 21. APPLICABILITY. This division of this Act applies
14to school years beginning on or after July 1, 2027.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the regulation of health-related
19matters, including health-related professions, certificates of
20need, and nutrition. The bill is organized in divisions.
21DIVISION I — CONTINUING EDUCATION REQUIREMENTS — NUTRITION
22AND METABOLIC HEALTH. The bill requires the board of medicine
23and the board of physician assistants to adopt rules requiring
24certain licensees to receive continuing education credits
25regarding nutritional and metabolic health as a condition of
26license renewal.
27DIVISION II — CERTIFICATE OF NEED. The bill changes the
28definition of “new institutional health service” or “changed
29institutional health service”. The bill alters the list of
30items that are excluded from the provisions of Code chapter
31135 (department of health and human services — public
32health), subchapter VI (health facilities). The bill strikes
33a provision restricting the department of health and human
34services (HHS) from processing applications for an intermediate
35care facility for persons with an intellectual disability, or
-7-1considering a new or changed institutional health service for
2an intermediate care facility for persons with an intellectual
3disability, unless the new or changed beds shall not result
4in an increase in the total number of medical assistance
5certified intermediate care facility beds for persons with an
6intellectual disability in the state, exclusive of those beds
7at the state resource centers or other state institutions,
8beyond 1,636 beds.
9The bill replaces a requirement that HHS hold a public
10hearing on an application for a certificate of need with a
11requirement that the department provide a period for the
12submission of written comments from affected persons. The bill
13strikes an authorization for the department to call a public
14hearing on the question of whether to grant an extension for an
15expiring certificate of need.
16DIVISION III — SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM —
17SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM. The
18bill requires HHS to continuously maintain state participation
19in the federal supplemental nutrition assistance program (SNAP)
20by administering the program in accordance with guidelines
21approved by the United States department of agriculture, food
22and nutrition service, to define “eligible foods” as “healthy
23foods”, as that term is defined by the department, and to seek
24any federal approval necessary to ensure that provision of
25benefits is continuous. The bill requires HHS to ensure that
26the provision of SNAP benefits to recipients is uninterrupted.
27The bill also allows HHS to participate in the summer
28electronic benefits transfer for children program, subject to
29federal approval of guidelines for eligible foods under the
30program that are similar to the guidelines for eligible foods
31under SNAP.
32DIVISION IV — SCHOOL FOODS AND BEVERAGES. The bill
33prohibits school districts, certain charter schools, and
34innovation zone schools from serving meals to students as
35part of the school’s breakfast or lunch program that contain
-8-1blue dye 1, blue dye 2, green dye 3, potassium bromate,
2propylparaben, red dye 40, yellow dye 5, or yellow dye 6,
3unless the foods or beverages in the meal were received as
4part of a direct delivery from the foods in schools program of
5the United States department of agriculture. The bill also
6prohibits schools from permitting the sale to students of any
7foods or beverages that contain such ingredients on school
8campus unless the sale takes place after the end of the school
9day. The bill requires nonpublic schools that use moneys
10appropriated by the general assembly to provide breakfast or
11lunch to students to ensure that the meals comply with the same
12prohibition on ingredients as school districts.
13This division of the bill applies to school years beginning
14on or after July 1, 2027.
-9-dg/ko
2health-related professions, certificates of need, and
3nutrition, and including applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2CONTINUING EDUCATION REQUIREMENTS — NUTRITION AND METABOLIC
3HEALTH
4 Section 1. Section 148.3, Code 2026, is amended by adding
5the following new subsection:
6 NEW SUBSECTION. 5. The board shall adopt rules pursuant to
7chapter 17A requiring a licensee practicing family medicine,
8internal medicine, pediatrics, psychiatry, endocrinology,
9gastroenterology, cardiology, oncology, rheumatology,
10neurology, nephrology, dermatology, pulmonology, surgery,
11immunology, hematology, obstetrics, or gynecology to complete a
12minimum of one hour of continuing education on nutrition and
13metabolic health every four years as a condition of license
14renewal.
15 Sec. 2. Section 148C.3, subsection 1, paragraph c, Code
162026, is amended to read as follows:
17c. Hours of continuing medical education necessary to become
18or remain licensed. The board shall adopt rules pursuant to
19chapter 17A requiring a licensee practicing family medicine,
20internal medicine, pediatrics, psychiatry, endocrinology,
21gastroenterology, cardiology, oncology, rheumatology,
22neurology, nephrology, dermatology, pulmonology, surgery,
23immunology, hematology, obstetrics, or gynecology to complete a
24minimum of one hour of continuing education on nutrition and
25metabolic health every four years as a condition of license
26renewal.
27DIVISION II
28CERTIFICATE OF NEED
29 Sec. 3. Section 135.61, subsection 16, paragraphs e, g, i,
30and k, Code 2026, are amended by striking the paragraphs.
31 Sec. 4. Section 135.61, subsection 16, paragraph m,
32subparagraphs (2) and (3), Code 2026, are amended by striking
33the subparagraphs.
34 Sec. 5. Section 135.62, subsection 2, paragraph a, Code
352026, is amended to read as follows:
-1- 1a. Private offices and private clinics of an individual
2physician, dentist, or other practitioner or group of
3health care providers, except as provided by section 135.61,
4subsection 16, paragraphs “g”, “h”, and “m”, and section 135.61,
5subsections 2 and 18.
6 Sec. 6. Section 135.62, subsection 2, paragraph e,
7subparagraph (2), Code 2026, is amended to read as follows:
8(2) Acquires major medical equipment as provided by section
9135.61, subsection 16, paragraphs “i” and paragraph “j”.
10 Sec. 7. Section 135.62, subsection 2, paragraph g,
11subparagraph (1), unnumbered paragraph 1, Code 2026, is amended
12to read as follows:
13A reduction in bed capacity of an institutional health
14facility, notwithstanding any provision in this subchapter to
15the contrary, except where a provision expressly exempts such a
16reduction, if all of the following conditions exist:
17 Sec. 8. Section 135.62, subsection 2, paragraph k,
18subparagraph (1), unnumbered paragraph 1, Code 2026, is amended
19to read as follows:
20The redistribution of beds by a hospital within the acute
21care category of bed usage, notwithstanding any provision in
22this subchapter to the contrary, except where a provision
23expressly exempts such a redistribution of skilled nursing
24facility or swing beds by a hospital, if all of the following
25conditions exist:
26 Sec. 9. Section 135.62, subsection 2, paragraph p, Code
272026, is amended by striking the paragraph.
28 Sec. 10. Section 135.62, subsection 2, Code 2026, is amended
29by adding the following new paragraphs:
30 NEW PARAGRAPH. r. An outpatient facility that provides
31behavioral health services, as defined by rule by the
32department, to individuals on an outpatient basis, including
33but not limited to substitution-based treatment centers for
34opiate addiction.
35 NEW PARAGRAPH. s. Open heart surgical services.
-2-1 NEW PARAGRAPH. t. Organ transplantation services.
2 NEW PARAGRAPH. u. Notwithstanding any provision of this
3subchapter to the contrary, any acquisition whether acquired
4by purchase, lease, or donation by or on behalf of a health
5care provider or a group of health care providers of any piece
6of replacement equipment with a value in excess of one million
7five hundred thousand dollars.
8 NEW PARAGRAPH. v. Notwithstanding any provision of
9this subchapter to the contrary, any acquisition whether
10acquired by purchase, lease, or donation by or on behalf of
11an institutional health facility or a health maintenance
12organization of any piece of replacement equipment with a value
13in excess of one million five hundred thousand dollars.
14 NEW PARAGRAPH. w. Any air transportation service for
15transportation of patients or medical personnel offered through
16an institutional health facility.
17 NEW PARAGRAPH. x. Notwithstanding any provision of
18this subchapter to the contrary, bed capacity changes by an
19institutional health facility that constitute a permanent
20change or reduction in, or a redistribution, deletion, or
21conversion of, nursing facility beds, skilled nursing facility
22beds, or swing beds.
23 NEW PARAGRAPH. y. Notwithstanding any provision of
24this subchapter to the contrary, bed capacity changes
25that constitute a permanent change or reduction in, or
26a redistribution, deletion, or conversion of, beds in
27intermediate care facilities for persons with mental
28illness, or intermediate care facilities for persons with an
29intellectual disability.
30 Sec. 11. Section 135.62, subsection 4, Code 2026, is amended
31to read as follows:
324. The department shall not process applications for an
33intermediate care facility for persons with an intellectual
34disability, or consider a new or changed institutional health
35service for an intermediate care facility for persons with
-3-1an intellectual disability, unless both of the following
2conditions are met:
3a. The new or changed beds shall not result in an
4increase in the total number of medical assistance certified
5intermediate care facility beds for persons with an
6intellectual disability in the state, exclusive of those beds
7at the state resource centers or other state institutions,
8beyond one thousand six hundred thirty-six beds.
9b. A a letter of support for the application is provided by
10the county board of supervisors, or the board’s designee, in
11the county in which the beds facility is or would be located.
12 Sec. 12. Section 135.65, subsection 3, paragraph b, Code
132026, is amended to read as follows:
14b. A period for the submission of written public hearing
15 comments from affected persons on the application, to be held
16 scheduled prior to completion of the evaluation required by
17paragraph “a”.
18 Sec. 13. Section 135.65, subsection 4, Code 2026, is amended
19by striking the subsection.
20 Sec. 14. Section 135.70, subsection 2, Code 2026, is amended
21to read as follows:
222. Upon expiration of a certificate of need, and prior to
23extension of the certificate of need, any affected person shall
24have the right to submit to the department information which
25may be relevant to the question of granting an extension. The
26department may call a public hearing for this purpose.
27DIVISION III
28SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM — SUMMER ELECTRONIC
29BENEFITS TRANSFER FOR CHILDREN PROGRAM
30 Sec. 15. Section 234.1, Code 2026, is amended by adding the
31following new subsection:
32 NEW SUBSECTION. 4A. “Summer electronic benefits transfer
33for children program” or “summer EBT program” means the summer
34electronic benefits transfer for children program established
35in 42 U.S.C. §1762.
-4-1 Sec. 16. NEW SECTION. 234.12B Supplemental nutrition
2assistance program — summer electronic benefits transfer for
3children program.
41. The department shall do all of the following:
5a. Continuously maintain state participation in SNAP
6by administering the program in accordance with guidelines
7approved by the United States department of agriculture,
8food and nutrition service, that specify that eligible foods
9pursuant to 7 C.F.R. §271.2 are healthy foods as defined by the
10director or the director’s designee.
11b. Ensure that the provision of SNAP benefits to recipients
12is uninterrupted.
132. The department may participate in the summer EBT program
14subject to federally approved eligible foods for the summer EBT
15program being consistent with eligible foods as described in
16subsection 1, paragraph “a”.
17DIVISION IV
18SCHOOL FOODS AND BEVERAGES
19 Sec. 17. Section 256E.7, subsection 2, Code 2026, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0t. Be subject to and comply with the
22requirements of section 283A.6 relating to the preparation
23of meals provided to students, and prohibited ingredients in
24meals provided to students, in the same manner as a school
25district, if the charter school provides a breakfast or lunch
26program through the national school lunch program or the school
27breakfast program administered by the food and nutrition
28service of the United States department of agriculture.
29 Sec. 18. Section 256F.4, subsection 2, Code 2026, is amended
30by adding the following new paragraph:
31 NEW PARAGRAPH. v. Be subject to and comply with the
32requirements of section 283A.6 relating to the preparation of
33meals provided to students, and prohibited ingredients in meals
34provided to students, in the same manner as a school district,
35if the charter school or innovation zone school provides a
-5-1breakfast or lunch program.
2 Sec. 19. NEW SECTION. 283A.6 School district breakfast
3and lunch programs — food and beverages provided to students —
4prohibited ingredients.
51. a. A school district shall not serve a meal to students
6as part of the school district’s breakfast or lunch program
7that contains any of the following ingredients:
8(1) Blue dye 1.
9(2) Blue dye 2.
10(3) Green dye 3.
11(4) Potassium bromate.
12(5) Propylparaben.
13(6) Red dye 40.
14(7) Yellow dye 5.
15(8) Yellow dye 6.
16b. Paragraph “a” does not apply to food and beverages
17received as part of a direct delivery from the foods in schools
18program of the United States department of agriculture.
192. An employee or contracted vendor of a school district
20shall not provide any food or beverages that contain an
21ingredient described in subsection 1 to a student enrolled in
22the school district during the school day.
233. A school district shall not permit the sale to students
24of any foods or beverages that contain an ingredient described
25in subsection 1 on the school campus, as school campus is
26defined in 7 C.F.R. §210.11 as of January 1, 2026, unless the
27sale takes place outside of the school day, as school day is
28defined in 7 C.F.R. §210.11 as of January 1, 2026.
29 Sec. 20. Section 283A.10, Code 2026, is amended to read as
30follows:
31283A.10 School breakfast or lunch in nonpublic schools.
32The authorities in charge of nonpublic schools may operate
33or provide for the operation of school breakfast or lunch
34programs in schools under their jurisdiction and may use funds
35appropriated to them by the general assembly, gifts, funds
-6-1received from sale of school breakfasts or lunches under such
2programs, and any other funds available to the nonpublic
3school. However, school breakfast or lunch programs shall not
4be required in nonpublic schools. The department of education
5shall direct the disbursement of state funds to nonpublic
6schools for school breakfast or lunch programs in the same
7manner as state funds are disbursed to public schools. If
8a nonpublic school receives state funds for the operation of
9a school breakfast or lunch program, meals served under the
10program shall be nutritionally adequate meals, as defined in
11section 283A.1, and shall comply with the requirements of
12section 283A.6.
13 Sec. 21. APPLICABILITY. This division of this Act applies
14to school years beginning on or after July 1, 2027.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the regulation of health-related
19matters, including health-related professions, certificates of
20need, and nutrition. The bill is organized in divisions.
21DIVISION I — CONTINUING EDUCATION REQUIREMENTS — NUTRITION
22AND METABOLIC HEALTH. The bill requires the board of medicine
23and the board of physician assistants to adopt rules requiring
24certain licensees to receive continuing education credits
25regarding nutritional and metabolic health as a condition of
26license renewal.
27DIVISION II — CERTIFICATE OF NEED. The bill changes the
28definition of “new institutional health service” or “changed
29institutional health service”. The bill alters the list of
30items that are excluded from the provisions of Code chapter
31135 (department of health and human services — public
32health), subchapter VI (health facilities). The bill strikes
33a provision restricting the department of health and human
34services (HHS) from processing applications for an intermediate
35care facility for persons with an intellectual disability, or
-7-1considering a new or changed institutional health service for
2an intermediate care facility for persons with an intellectual
3disability, unless the new or changed beds shall not result
4in an increase in the total number of medical assistance
5certified intermediate care facility beds for persons with an
6intellectual disability in the state, exclusive of those beds
7at the state resource centers or other state institutions,
8beyond 1,636 beds.
9The bill replaces a requirement that HHS hold a public
10hearing on an application for a certificate of need with a
11requirement that the department provide a period for the
12submission of written comments from affected persons. The bill
13strikes an authorization for the department to call a public
14hearing on the question of whether to grant an extension for an
15expiring certificate of need.
16DIVISION III — SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM —
17SUMMER ELECTRONIC BENEFITS TRANSFER FOR CHILDREN PROGRAM. The
18bill requires HHS to continuously maintain state participation
19in the federal supplemental nutrition assistance program (SNAP)
20by administering the program in accordance with guidelines
21approved by the United States department of agriculture, food
22and nutrition service, to define “eligible foods” as “healthy
23foods”, as that term is defined by the department, and to seek
24any federal approval necessary to ensure that provision of
25benefits is continuous. The bill requires HHS to ensure that
26the provision of SNAP benefits to recipients is uninterrupted.
27The bill also allows HHS to participate in the summer
28electronic benefits transfer for children program, subject to
29federal approval of guidelines for eligible foods under the
30program that are similar to the guidelines for eligible foods
31under SNAP.
32DIVISION IV — SCHOOL FOODS AND BEVERAGES. The bill
33prohibits school districts, certain charter schools, and
34innovation zone schools from serving meals to students as
35part of the school’s breakfast or lunch program that contain
-8-1blue dye 1, blue dye 2, green dye 3, potassium bromate,
2propylparaben, red dye 40, yellow dye 5, or yellow dye 6,
3unless the foods or beverages in the meal were received as
4part of a direct delivery from the foods in schools program of
5the United States department of agriculture. The bill also
6prohibits schools from permitting the sale to students of any
7foods or beverages that contain such ingredients on school
8campus unless the sale takes place after the end of the school
9day. The bill requires nonpublic schools that use moneys
10appropriated by the general assembly to provide breakfast or
11lunch to students to ensure that the meals comply with the same
12prohibition on ingredients as school districts.
13This division of the bill applies to school years beginning
14on or after July 1, 2027.
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