Bill Text: IA HF392 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to programs and services under the purview of the department of public health. (Formerly HSB 45)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF392 Detail]
Download: Iowa-2013-HF392-Introduced.html
House
File
392
-
Introduced
HOUSE
FILE
392
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
45)
A
BILL
FOR
An
Act
relating
to
programs
and
services
under
the
purview
of
1
the
department
of
public
health.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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392
DIVISION
I
1
TRAUMA
SYSTEM
QUALITY
IMPROVEMENT
2
Section
1.
Section
147A.25,
subsection
1,
paragraph
h,
Code
3
2013,
is
amended
to
read
as
follows:
4
h.
Iowa
foundation
of
medical
care
director
A
representative
5
of
the
state’s
Medicare
quality
improvement
organization
.
6
DIVISION
II
7
REIMBURSEMENT
FOR
CERTAIN
AUTOPSIES
8
Sec.
2.
Section
331.802,
subsection
2,
paragraph
c,
Code
9
2013,
is
amended
to
read
as
follows:
10
c.
The
fee
and
expenses
of
the
county
medical
examiner
who
11
performs
an
autopsy
or
conducts
an
investigation
of
a
person
12
who
dies
after
being
brought
into
this
state
for
emergency
13
medical
treatment
by
or
at
the
direction
of
an
out-of-state
14
law
enforcement
officer
or
public
authority
shall
be
paid
by
15
the
state.
A
claim
for
payment
shall
be
filed
with
the
Iowa
16
department
of
public
health.
If
moneys
are
not
appropriated
17
to
the
Iowa
department
of
public
health
for
the
payment
of
18
autopsies
under
this
paragraph,
claims
for
payment
shall
be
19
forwarded
to
the
state
appeal
board
and,
if
authorized
by
the
20
board,
shall
be
paid
out
of
moneys
in
the
general
fund
of
the
21
state
not
otherwise
appropriated.
22
Sec.
3.
Section
331.802,
subsection
4,
Code
2013,
is
amended
23
to
read
as
follows:
24
4.
The
county
medical
examiner
shall
conduct
the
25
investigation
in
the
manner
required
by
the
state
medical
26
examiner
and
shall
determine
whether
the
public
interest
27
requires
an
autopsy
or
other
special
investigation.
However,
28
if
the
death
occurred
in
the
manner
specified
in
subsection
29
3
,
paragraph
“j”,
the
county
medical
examiner
shall
order
30
an
autopsy,
claims
for
the
expense
payment
of
which
shall
31
be
reimbursed
by
the
Iowa
department
of
public
health
filed
32
with
the
state
appeal
board
and,
if
authorized
by
the
board,
33
shall
be
paid
out
of
moneys
in
the
general
fund
of
the
state
34
not
otherwise
appropriated
.
In
determining
the
need
for
an
35
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392
autopsy,
the
county
medical
examiner
may
consider
the
request
1
for
an
autopsy
from
a
public
official
or
private
person,
but
2
the
state
medical
examiner
or
the
county
attorney
of
the
county
3
where
the
death
occurred
may
require
an
autopsy.
4
DIVISION
III
5
HIV
HOME
TEST
KITS
6
Sec.
4.
REPEAL.
Section
126.25,
Code
2013,
is
repealed.
7
DIVISION
IV
8
TOBACCO
CESSATION
SERVICES
——
MINORS
9
Sec.
5.
NEW
SECTION
.
142A.11
Application
for
services
——
10
minors.
11
A
minor
shall
have
the
legal
capacity
to
act
and
give
12
consent
to
the
provision
of
tobacco
cessation
services
by
13
a
hospital,
clinic,
health
care
provider,
or
other
tobacco
14
cessation
services
provider.
Consent
shall
not
be
subject
to
15
later
disaffirmance
by
reason
of
such
minority.
The
consent
of
16
another
person,
including
but
not
limited
to
the
consent
of
a
17
spouse,
parent,
custodian,
or
guardian,
shall
not
be
necessary.
18
EXPLANATION
19
This
bill
includes
provisions
that
relate
to
programs
and
20
services
under
the
purview
of
the
department
of
public
health
21
(DPH).
The
bill
is
organized
in
divisions.
22
Division
I
relates
to
the
membership
of
the
system
23
evaluation
and
quality
improvement
committee
for
the
trauma
24
system
in
the
state.
The
bill
changes
the
membership
by
25
replacing
the
specific
name
of
the
one
membership
entity
26
with
a
general
reference
to
the
Medicare
quality
improvement
27
organization
in
the
state.
28
Division
II
relates
to
county
reimbursement
for
29
investigations
and
autopsies
that
are
for
persons
who
die
after
30
being
brought
into
the
state
for
emergency
medical
treatment
31
by
or
at
the
direction
of
an
out-of-state
law
enforcement
32
officer
or
public
authority;
or
for
autopsies
relating
to
the
33
death
of
a
child
under
the
age
of
two
years
if
death
results
34
from
an
unknown
cause
or
if
the
circumstances
surrounding
the
35
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392
death
indicate
that
sudden
infant
death
syndrome
may
be
the
1
cause
of
death.
Current
law
directs
that
claims
for
these
2
investigations
and
autopsies
are
to
be
filed
by
counties
3
initially
with
DPH,
and,
if
moneys
are
not
appropriated
to
4
DPH
for
this
purpose,
the
claims
are
to
then
be
forwarded
to
5
the
state
appeal
board.
Under
the
bill,
claims
would
not
be
6
initially
filed
with
DPH,
but
would
instead
be
filed
directly
7
with
the
state
appeal
board
for
authorization
of
payment
8
from
the
general
fund
of
the
state
from
funds
not
otherwise
9
appropriated.
10
Division
III
relates
to
human
immunodeficiency
virus
11
(HIV)
home
test
kits.
Current
law
prohibits
a
person
from
12
advertising
for
sale,
offering
for
sale,
or
selling
an
HIV
13
home
testing
kit
for
antibody
or
antigen
testing,
and
provides
14
civil
and
criminal
penalties
as
well
as
injunctive
relief
for
15
violation
of
the
prohibition.
The
United
States
food
and
drug
16
administration
approved
the
use
of
such
kits
in
July
2012,
and
17
the
bill
repeals
the
Code
provision
prohibiting
the
HIV
home
18
test
kits
in
the
state.
19
Division
IV
of
the
bill
provides
that
a
minor
shall
have
20
the
legal
capacity
to
act
and
give
consent
to
the
provision
21
of
tobacco
cessation
services
by
a
hospital,
clinic,
health
22
care
provider,
or
other
tobacco
cessation
services
provider.
23
Consent
is
not
subject
to
later
disaffirmance
by
reason
of
such
24
minority,
and
the
consent
of
another
person
is
not
necessary.
25
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