Bill Text: IA HF236 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the prevention of disabilities policy council.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-02-17 - Subcommittee, Heaton, Heddens, and Rizer. H.J. 343. [HF236 Detail]
Download: Iowa-2015-HF236-Introduced.html
House File 236 - Introduced HOUSE FILE BY HEATON A BILL FOR 1 An Act relating to the prevention of disabilities policy 2 council. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1854YH (2) 86 rh/rj PAG LIN 1 1 Section 1. NEW SECTION. 225B.101 Findings and intent. 1 2 1. The general assembly finds that: 1 3 a. Between ten and twenty percent of Iowans have a 1 4 disability that affects their ability to learn, work, 1 5 communicate, perform activities of daily living, and 1 6 participate in everyday community life. These disabilities 1 7 are the result of genetics, environmental factors, injury, 1 8 or illness; may occur at any point in life and may be mild, 1 9 severe, or intermittent; and are often very costly for the 1 10 individuals affected, their families, and government both in 1 11 terms of quality of life and financial expenditures. 1 12 b. Most disabilities are due to conditions that can be 1 13 prevented, can be minimized if recognized and treated early, or 1 14 can be reduced through appropriate accommodation. 1 15 c. A need exists to optimize the use of cost=effective 1 16 prevention of disability strategies in state policies and 1 17 programs in order to reduce the cost of disabilities to Iowa's 1 18 citizens and government. 1 19 2. It is the intent of the general assembly to establish 1 20 a structure and process to identify opportunities to enhance 1 21 prevention of disability efforts in Iowa, design cross=agency 1 22 strategies to address the prevention of disabilities, integrate 1 23 and coordinate proven prevention of disability strategies 1 24 within state programs, and inform the general assembly about 1 25 priority prevention of disability policies and programs. 1 26 Sec. 2. NEW SECTION. 225B.102 Definitions. 1 27 As used in this chapter, unless the context otherwise 1 28 requires: 1 29 1. "Council" means the prevention of disabilities policy 1 30 council. 1 31 2. "Disability" means an individual who meets the definition 1 32 in 42 U.S.C. {12102. 1 33 3. "Prevention" activities include policies, programs, and 1 34 practices that do any of the following: 1 35 a. Prevent a disability or a condition that leads to a 2 1 disability from occurring. 2 2 b. Identify a disability or a condition that leads to a 2 3 disability early on so that intervention can eliminate the risk 2 4 of a disability or minimize the disability's effect. 2 5 c. Reduce the effects of a disability on an individual's 2 6 health and independence. 2 7 Sec. 3. NEW SECTION. 225B.103 Prevention of disabilities 2 8 policy council established ==== membership ==== duties. 2 9 1. A prevention of disabilities policy council is 2 10 established to focus state prevention of disability efforts 2 11 and provide oversight in the development and operation of a 2 12 coordinated prevention of disabilities system. The council 2 13 shall consist of the following members: 2 14 a. Three providers of disability prevention services 2 15 appointed by the governor and confirmed by the senate. The 2 16 governor may consider recommendations from the prevention of 2 17 disabilities policy council in making appointments. 2 18 b. Three persons with expertise in priority prevention areas 2 19 appointed by the governor and confirmed by the senate. The 2 20 governor may consider recommendations from the prevention of 2 21 disabilities policy council in making appointments. 2 22 c. Three persons with disabilities or family members 2 23 of a person with disabilities appointed by the governor, 2 24 and confirmed by the senate. The governor may consider 2 25 recommendations from the prevention of disabilities policy 2 26 council in making appointments. 2 27 d. One representative each from the department on aging, and 2 28 the department of education, department of human services, and 2 29 department of public health appointed by the directors of the 2 30 respective agencies. 2 31 e. Two members of the senate appointed by the senate 2 32 majority leader and minority leader and two members of the 2 33 house of representatives appointed by the speaker of the house 2 34 and the house minority leader. 2 35 2. Members of the council appointed by the governor shall 3 1 serve three=year staggered terms for terms beginning and ending 3 2 as provided in section 69.19. Members representing the state 3 3 departments shall serve one=year terms and shall serve as ex 3 4 officio, nonvoting members. Members of the general assembly 3 5 appointed to the council shall serve two=year terms as provided 3 6 in section 69.16B and shall serve as ex officio, nonvoting 3 7 members. Vacancies on the council shall be filled in the same 3 8 manner as original appointments. Members are entitled to 3 9 reimbursement of actual expenses incurred in performance of 3 10 their official duties. 3 11 3. The council shall do all of the following: 3 12 a. Review the prevention of disabilities activities of 3 13 public and private entities and provide recommendations to 3 14 optimize the planning, implementation, and evaluation of 3 15 prevention of disabilities efforts. 3 16 b. Promote cooperative and complementary planning among the 3 17 public, nonpublic, and volunteer sectors involved in prevention 3 18 of disabilities activities. 3 19 c. Facilitate coordination of prevention of disabilities 3 20 activities among state departments to develop an integrated 3 21 system of care. 3 22 d. Provide support and technical assistance to public 3 23 or nonpublic entities to identify, seek, implement, and 3 24 evaluate state, federal, and private grants for prevention of 3 25 disabilities activities. 3 26 e. Encourage research into the causes and prevention of 3 27 disabilities, including methods to evaluate the effectiveness 3 28 of prevention efforts. 3 29 f. Promote professional and provider training in 3 30 evidence=based prevention of disabilities measures and assure 3 31 adequate dissemination of such to appropriate entities. 3 32 g. Submit to the governor and general assembly annually by 3 33 November 1 a report that includes all of the following: 3 34 (1) A summary of all disabilities prevention activities 3 35 conducted since the preceding annual report. 4 1 (2) Recommendations for policy and priorities for the 4 2 prevention of disabilities. 4 3 4. The council shall meet at least six times during the 4 4 year. A majority of the members of the council constitutes a 4 5 quorum and a quorum is necessary to act on matters within the 4 6 purview of the council. 4 7 Sec. 4. NEW SECTION. 225B.104 Rules. 4 8 The department of human services shall adopt and update 4 9 administrative rules as necessary to implement the provisions 4 10 of this chapter. All rules adopted by the department of human 4 11 services pursuant to this section are subject to approval by 4 12 the council. 4 13 Sec. 5. NEW SECTION. 225B.105 Coordination with state 4 14 agencies. 4 15 1. The directors or deputy directors of the state 4 16 departments on aging, and of education, human services, and 4 17 public health shall meet at least annually with the council and 4 18 shall do all of the following: 4 19 a. Provide an update to the council regarding the status 4 20 of prevention of disabilities policies and programs with 4 21 each respective department and provide recommendations about 4 22 priorities the council should consider in the next year. 4 23 b. Receive new policy and program recommendations from the 4 24 council regarding the prevention of disabilities. 4 25 2. The council may seek and receive data from state 4 26 departments that will aid in developing, implementing, and 4 27 evaluating prevention of disabilities efforts and systems in 4 28 Iowa. 4 29 Sec. 6. NEW SECTION. 225B.106 Coordination with disability 4 30 groups. 4 31 The chairpersons and designated staff of chairpersons of 4 32 public and private state disabilities prevention groups shall 4 33 meet with the council at least annually to do all of the 4 34 following: 4 35 1. Identify ways to incorporate prevention of disabilities 5 1 activities within Iowa's disabilities services system. 5 2 2. Assist in developing a policy agenda for prevention of 5 3 disabilities services system improvements. 5 4 Sec. 7. NEW SECTION. 225B.107 Evaluation. 5 5 The state's prevention of disability effort and the council 5 6 are subject to review and evaluation by the governor and the 5 7 general assembly. 5 8 EXPLANATION 5 9 The inclusion of this explanation does not constitute agreement with 5 10 the explanation's substance by the members of the general assembly. 5 11 This bill relates to the prevention of disabilities policy 5 12 council. 5 13 In 1991, the general assembly established the prevention 5 14 of disabilities council (council) in Code chapter 225B. The 5 15 council was created to establish a system to coordinate 5 16 prevention of disability activities among state departments and 5 17 to assist the governor and the general assembly in determining 5 18 priorities and establishing policies for the prevention of 5 19 disabilities. 5 20 The bill amends provisions in Code chapter 225C relating 5 21 to prevention activities of the council, council membership, 5 22 duties, and coordination efforts with state agencies and 5 23 disability groups, and related definitions. 5 24 The bill defines prevention activities of the council to 5 25 include policies, programs, and practices that prevent a 5 26 disability or a condition that leads to a disability from 5 27 occurring; that identify a disability or a condition that leads 5 28 to a disability early on so that the intervention can eliminate 5 29 the risk of a disability or minimize the disability's effect; 5 30 or that reduce the effects of a disability on an individual's 5 31 health and independence. The bill amends the definition of 5 32 a disability to be the same as the federal definition under 5 33 the federal Americans with Disabilities Act (42 U.S.C. section 5 34 12102). 5 35 The bill provides that the council replaces the current 6 1 Iowa developmental disabilities council, to be abolished by 6 2 law July 1, 2015, in providing recommendations for individual 6 3 appointments of voting members to the council and council 6 4 membership is expanded to include ex officio representatives 6 5 from the department on aging, and the departments of education, 6 6 public health, and human services. 6 7 The duties of the council are expanded to include reviewing 6 8 the prevention of disabilities activities of public and 6 9 private entities and providing recommendations to optimize 6 10 the planning, implementation, and evaluation of prevention of 6 11 disabilities efforts; promoting cooperative and complementary 6 12 planning among the public, nonpublic, and volunteer sectors 6 13 involved in prevention of disabilities activities; facilitating 6 14 coordination of prevention of disabilities activities 6 15 among state departments to develop an integrated system of 6 16 care; providing support and technical assistance to public 6 17 or nonpublic entities to identify, seek, implement, and 6 18 evaluate state, federal, and private grants for prevention 6 19 of disabilities activities; encouraging research into the 6 20 causes and prevention of disabilities, including methods to 6 21 evaluate the effectiveness of prevention efforts; and promoting 6 22 professional and provider training in evidence=based prevention 6 23 of disabilities measures and assure adequate dissemination of 6 24 such to appropriate entities. 6 25 The bill provides that the directors or deputy directors 6 26 of the state department on aging, and the departments of 6 27 education, human services, and public health shall meet at 6 28 least annually with the council to provide updates to the 6 29 council regarding the status of prevention of disabilities 6 30 policies and receive new policy and program recommendations 6 31 from the council regarding the prevention of disabilities. 6 32 Chairpersons and staff of public and private state disability 6 33 groups are encouraged to meet with the council annually 6 34 to identify ways to incorporate prevention of disabilities 6 35 activities within Iowa's disabilities services system and 7 1 to assist in developing a policy agenda for prevention of 7 2 disabilities system improvements. 7 3 The bill directs the department of human services to adopt 7 4 rules to implement the bill, subject to council approval. LSB 1854YH (2) 86 rh/rj
