Bill Text: IA HF566 | 2023-2024 | 90th General Assembly | Amended
Bill Title: A bill for an act relating to bodies of the state governmental structure under the purview of the department of health and human services. (Formerly HF 386.)
Spectrum: Committee Bill
Status: (Engrossed) 2023-03-21 - Subcommittee: Rowley, Costello, and Trone Garriott. S.J. 645. [HF566 Detail]
Download: Iowa-2023-HF566-Amended.html
House
File
566
-
Reprinted
HOUSE
FILE
566
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HF
386)
(As
Amended
and
Passed
by
the
House
March
16,
2023
)
A
BILL
FOR
An
Act
relating
to
bodies
of
the
state
governmental
structure
1
under
the
purview
of
the
department
of
health
and
human
2
services.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
566
(2)
90
pf/rh/md
H.F.
566
HEALTH
POLICY
OVERSIGHT
1
Section
1.
Section
2.45,
subsection
5,
Code
2023,
is
amended
2
to
read
as
follows:
3
5.
The
legislative
health
policy
oversight
committee,
4
which
shall
be
composed
of
ten
members
of
the
general
5
assembly,
consisting
of
five
members
from
each
house,
to
6
be
appointed
by
the
legislative
council.
The
legislative
7
health
policy
oversight
committee
shall
may
meet
at
least
two
8
times,
annually
,
during
the
legislative
interim
to
provide
9
continuing
oversight
for
Medicaid
managed
care,
and
to
ensure
10
effective
and
efficient
administration
of
the
program,
address
11
stakeholder
concerns,
monitor
program
costs
and
expenditures,
12
and
make
recommendations.
13
VIRTUAL
AND
REMOTE
MEETING
OPTIONS
14
Sec.
2.
Section
135.12,
Code
2023,
is
amended
to
read
as
15
follows:
16
135.12
Statutory
board,
commission,
committee,
or
council
of
17
committee
——
teleconference
option
,
virtual
meeting,
and
remote
18
participation
options
.
19
1.
Any
statutorily
established
board,
commission,
20
committee,
or
council
established
under
the
purview
of
the
21
department
shall
provide
for
a
hybrid
meetings,
teleconference
22
option
participation,
virtual
meeting,
and
remote
participation
23
options
for
board,
commission,
committee,
or
council
members
to
24
participate
in
official
meetings.
25
2.
For
the
purposes
of
this
section:
26
a.
“Hybrid
meeting”
means
a
meeting
involving
both
remote
27
participation
and
in-person
participation
by
members.
28
b.
“Remote
participation”
means
real-time
participation
by
29
a
remotely
located
individual
in
a
meeting
which
is
being
held
30
in
a
different
physical
location
using
integrated
audio,
video,
31
and
other
digital
tools.
32
c.
“Teleconference
participation”
means
participation
using
33
audio
conference
tools
involving
multiple
participants
in
at
34
least
two
separate
locations.
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d.
“Virtual
meeting”
means
a
meeting
involving
real-time
1
interaction
using
integrated
audio,
video,
and
other
digital
2
tools,
in
which
participants
do
not
share
a
physical
location.
3
Sec.
3.
NEW
SECTION
.
217.22
Statutory
board,
commission,
4
committee,
or
council
——
teleconference,
virtual
meeting,
and
5
remote
participation
options.
6
1.
Any
statutorily
established
board,
commission,
7
committee,
or
council
established
under
the
purview
of
the
8
department
shall
provide
for
hybrid
meetings,
teleconference
9
participation,
virtual
meetings,
and
remote
participation,
10
and
other
hybrid
options
for
board,
commission,
committee,
or
11
council
members
to
participate
in
official
meetings.
12
2.
For
the
purposes
of
this
section:
13
a.
“Hybrid
meeting”
means
a
meeting
involving
both
remote
14
participation
and
in-person
participation
by
members.
15
b.
“Remote
participation”
means
real-time
participation
by
16
a
remotely
located
individual
in
a
meeting
which
is
being
held
17
in
a
different
physical
location
using
integrated
audio,
video,
18
and
other
digital
tools.
19
c.
“Teleconference
participation”
means
participation
using
20
audio
conference
tools
involving
multiple
participants
in
at
21
least
two
separate
locations.
22
d.
“Virtual
meeting”
means
a
meeting
involving
real-time
23
interaction
using
integrated
audio,
video,
and
other
digital
24
tools,
in
which
participants
do
not
share
a
physical
location.
25
ADVISORY
COUNCIL
ON
BRAIN
INJURIES
26
Sec.
4.
Section
135.22B,
subsection
2,
Code
2023,
is
amended
27
to
read
as
follows:
28
2.
Program
created.
29
a.
A
brain
injury
services
program
is
created
and
shall
be
30
administered
by
a
division
of
the
Iowa
department
of
public
31
health
in
cooperation
with
counties
and
the
department
of
human
32
services
.
33
b.
The
division
of
the
department
assigned
to
administer
34
the
advisory
council
on
brain
injuries
under
section
135.22A
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shall
be
the
program
administrator.
The
division
duties
shall
1
include
but
are
not
limited
to
serving
serve
as
the
fiscal
2
agent
and
contract
administrator
for
the
program
and
providing
3
shall
provide
program
oversight.
4
c.
The
division
shall
consult
with
the
advisory
council
5
on
brain
injuries,
established
pursuant
to
section
135.22A
,
6
regarding
the
program
and
shall
report
to
the
council
7
concerning
the
program
at
least
quarterly.
The
council
shall
8
make
recommendations
to
the
department
concerning
the
program’s
9
operation.
10
Sec.
5.
REPEAL.
Section
135.22A,
Code
2023,
is
repealed.
11
CONGENITAL
AND
INHERITED
DISORDERS
ADVISORY
COMMITTEE
12
Sec.
6.
Section
136A.3A,
Code
2023,
is
amended
to
read
as
13
follows:
14
136A.3A
Congenital
and
inherited
disorders
advisory
committee
15
established
——
process
for
addition
of
conditions
to
newborn
16
screening.
17
1.
A
congenital
and
inherited
disorders
advisory
committee
18
is
established
solely
to
assist
the
center
for
congenital
and
19
inherited
disorders
and
the
department
in
the
development
of
20
programs
that
ensure
the
availability
and
access
to
quality
21
genetic
and
genomic
health
care
services
for
all
Iowans
22
designating
the
conditions
to
be
included
in
the
newborn
23
screening
and
in
regularly
evaluating
the
effectiveness
and
24
appropriateness
of
the
newborn
screening
.
25
2.
a.
The
members
of
the
advisory
committee
shall
26
be
appointed
by
the
director
and
shall
include
persons
27
with
relevant
expertise
and
interest
including
parent
28
representatives
be
comprised
of
not
more
than
fifteen
regular
29
voting
members
with
relevant
expertise
and
interest
including
30
representatives
of
professional
groups,
agencies,
parents,
31
consumers,
and
professional
health
care
providers,
appointed
by
32
the
director
.
The
director
may
replace
a
regular
member
due
33
to
nonattendance.
34
b.
The
advisory
committee
shall
meet
at
least
once
per
year.
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3.
The
advisory
committee
shall
assist
the
center
for
1
congenital
and
inherited
disorders
and
the
department
in
2
designating
the
conditions
to
be
included
in
the
newborn
3
screening
and
in
regularly
evaluating
the
effectiveness
and
4
appropriateness
of
the
newborn
screening.
5
4.
3.
a.
Beginning
July
1,
2022,
the
advisory
committee
6
shall
ensure
that
all
conditions
included
in
the
federal
7
recommended
uniform
screening
panel
as
of
January
1,
2022,
are
8
included
in
the
newborn
screening.
9
b.
Within
twelve
months
of
the
addition
of
a
new
condition
10
to
the
federal
recommended
uniform
screening
panel,
the
11
advisory
committee
shall
consider
and
make
a
recommendation
12
to
the
department
regarding
inclusion
of
the
new
condition
in
13
the
newborn
screening,
including
the
current
newborn
screening
14
capacity
to
screen
for
the
new
condition
and
the
resources
15
necessary
to
screen
for
the
new
condition
going
forward.
16
If
the
advisory
committee
recommends
inclusion
of
a
new
17
condition,
the
department
shall
include
the
new
condition
in
18
the
newborn
screening
within
eighteen
months
of
receipt
of
the
19
recommendation.
20
5.
4.
The
department
shall
submit
a
status
report
to
the
21
general
assembly,
annually,
by
December
31,
regarding
all
of
22
the
following:
23
a.
The
current
conditions
included
in
the
newborn
screening.
24
b.
Any
new
conditions
currently
under
consideration
or
25
recommended
by
the
advisory
committee
for
inclusion
in
the
26
newborn
screening.
27
c.
Any
new
conditions
considered
but
not
recommended
by
the
28
advisory
committee
in
the
prior
twelve-month
period
and
the
29
reason
for
not
recommending
any
such
conditions.
30
d.
Any
departmental
request
for
additional
program
capacity
31
or
resources
necessitated
by
the
inclusion
of
a
recommended
new
32
condition
in
the
newborn
screening.
33
e.
Any
delay
and
the
reason
for
the
delay
by
the
advisory
34
committee
in
complying
with
the
specified
twelve-month
time
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frame
in
considering
or
recommending
the
inclusion
of
a
new
1
condition
in
the
newborn
screening
to
the
department.
2
f.
Any
delay
and
the
reason
for
the
delay
by
the
department
3
in
complying
with
the
specified
eighteen-month
time
frame
in
4
including
a
new
condition
in
the
newborn
screening
following
5
receipt
of
a
recommendation
from
the
advisory
committee
6
recommending
the
inclusion
of
such
condition.
7
6.
5.
The
state
hygienic
laboratory
shall
establish
8
the
newborn
screening
fee
schedule
in
a
manner
sufficient
9
to
support
the
newborn
screening
system
of
care
including
10
laboratory
screening
costs,
short-term
and
long-term
follow-up
11
program
costs,
the
newborn
screening
developmental
fund,
and
12
the
cost
of
the
department’s
newborn
screening
data
system.
13
Sec.
7.
ADMINISTRATIVE
RULES.
The
department
of
health
14
and
human
services
shall
adopt
rules
pursuant
to
chapter
17A
15
to
ensure
all
of
the
following:
16
1.
That
the
sole
duty
of
the
congenital
and
inherited
17
disorders
advisory
committee
is
to
designate
the
conditions
18
to
be
included
in
the
newborn
screening
and
in
regularly
19
evaluating
the
effectiveness
and
appropriateness
of
the
newborn
20
screening.
21
2.
That
the
duties
of
the
advisory
committee
shall
not
22
include
supporting
the
development
of
special
projects
and
23
conferences
regarding
genetic
and
genomic
health
care
services
24
and
issues,
or
advocating
for
quality
genetic
and
genomic
25
health
care
services
for
all
residents
in
the
state
of
Iowa.
26
CHILD
CARE
ADVISORY
DUTIES
27
Sec.
8.
Section
237A.12,
subsection
3,
Code
2023,
is
amended
28
to
read
as
follows:
29
3.
Rules
relating
to
fire
safety
for
child
care
centers
30
shall
be
adopted
under
this
chapter
by
the
state
fire
marshal
31
in
consultation
with
the
department.
Rules
adopted
by
the
32
state
fire
marshal
for
a
building
which
is
owned
or
leased
by
a
33
school
district
or
accredited
nonpublic
school
and
used
as
a
34
child
care
facility
shall
not
differ
from
standards
adopted
by
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the
state
fire
marshal
for
school
buildings
under
chapter
100
.
1
Rules
relating
to
sanitation
shall
be
adopted
by
the
department
2
in
consultation
with
the
director
of
public
health
.
All
rules
3
shall
be
developed
in
consultation
with
the
state
child
care
4
advisory
committee
early
childhood
Iowa
program
.
The
state
5
fire
marshal
shall
inspect
the
facilities.
6
Sec.
9.
Section
237A.25,
subsection
1,
Code
2023,
is
amended
7
to
read
as
follows:
8
1.
The
department
shall
develop
consumer
information
9
material
to
assist
parents
in
selecting
a
child
care
provider.
10
In
developing
the
material,
the
department
shall
consult
with
11
department
of
health
and
human
services
staff,
department
of
12
education
staff,
the
state
child
care
advisory
committee,
the
13
early
childhood
Iowa
state
board,
and
child
care
resource
and
14
referral
services.
In
addition,
the
department
may
consult
15
with
other
entities
at
the
local,
state,
and
national
level.
16
Sec.
10.
Section
237A.30,
subsection
1,
Code
2023,
is
17
amended
to
read
as
follows:
18
1.
The
department
shall
work
with
the
early
childhood
Iowa
19
office
in
the
department
of
management
program
established
in
20
section
256I.5
and
the
state
child
care
advisory
committee
21
chapter
256I
in
designing
and
implementing
a
voluntary
quality
22
rating
system
for
each
provider
type
of
child
care
facility.
23
Sec.
11.
Section
256.9,
subsection
31,
paragraph
b,
Code
24
2023,
is
amended
to
read
as
follows:
25
b.
Standards
and
materials
developed
shall
include
materials
26
which
employ
developmentally
appropriate
practices
and
27
incorporate
substantial
parental
involvement.
The
materials
28
and
standards
shall
include
alternative
teaching
approaches
29
including
collaborative
teaching
and
alternative
dispute
30
resolution
training.
The
department
shall
consult
with
the
31
child
development
coordinating
council,
the
state
child
care
32
advisory
committee
established
pursuant
to
section
135.173A
33
the
early
childhood
Iowa
program
,
the
department
of
health
34
and
human
services,
the
state
board
of
regents
center
for
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early
developmental
education,
the
area
education
agencies,
1
the
department
of
human
development
and
family
studies
in
the
2
college
of
human
sciences
at
Iowa
state
university
of
science
3
and
technology,
the
early
childhood
elementary
division
of
the
4
college
of
education
at
the
university
of
Iowa,
and
the
college
5
of
education
at
the
university
of
northern
Iowa,
in
developing
6
these
standards
and
materials.
7
Sec.
12.
Section
256I.12,
subsection
8,
Code
2023,
is
8
amended
to
read
as
follows:
9
8.
Duties.
The
early
childhood
stakeholders
alliance
duties
10
shall
include
but
are
not
limited
to
all
of
the
following
11
regarding
the
Iowa
early
childhood
system:
12
a.
Coordinate
with
the
early
childhood
Iowa
state
board.
13
b.
Serve
as
the
state
advisory
council
required
under
the
14
federal
Improving
Head
Start
for
School
Readiness
Act
of
2007,
15
Pub.
L.
No.
110-134,
as
designated
by
the
governor.
16
c.
Advise
and
make
recommendations
to
the
governor,
general
17
assembly,
department,
and
other
state
agencies
concerning
18
policy
issues
relating
to
child
care.
Such
advice
and
19
recommendations
shall
relate
to
child
care
services;
resource
20
and
referral
services;
provider
training;
quality
improvement;
21
public-private
partnerships;
standards
review
and
development;
22
collaboration
with
prekindergarten,
kindergarten,
before
and
23
after
school
programming
and
facilities
and
programs
supporting
24
the
education
and
development
of
young
children
across
state
25
departments;
improvement
of
the
eligibility
determination
26
processes
used
for
state
child
care
assistance
and
related
27
programs;
and
program
data
collection
and
analysis.
28
Sec.
13.
REPEAL.
Section
135.173A,
Code
2023,
is
repealed.
29
MENTAL
HEALTH
AND
DISABILITY
SERVICES
CHILDREN’S
BEHAVIORAL
30
HEALTH
SYSTEM
STATE
BOARD
REPEAL
——
COMMISSION
31
Sec.
14.
Section
225C.2,
subsection
14,
Code
2023,
is
32
amended
by
striking
the
subsection.
33
Sec.
15.
Section
225C.4,
subsection
1,
paragraphs
c,
l,
and
34
m,
Code
2023,
are
amended
to
read
as
follows:
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c.
Assist
the
state
board
in
planning
for
community-based
1
children’s
behavioral
health
services.
2
l.
Encourage
and
facilitate
coordination
of
children’s
3
behavioral
health
services
with
the
objective
of
developing
4
and
maintaining
in
the
state
a
children’s
behavioral
health
5
system
to
provide
behavioral
health
services
to
all
children
6
in
this
state
who
need
the
services,
regardless
of
the
place
7
of
residence
or
economic
circumstances
of
those
children.
8
The
administrator
department
shall
work
with
the
state
board
9
and
other
state
agencies
including
but
not
limited
to
the
10
department
of
education
and
the
department
of
public
health
11
to
develop
and
implement
a
strategic
plan
to
expand
access
to
12
qualified
mental
health
workers
across
the
state.
13
m.
Establish
and
maintain
a
data
collection
and
management
14
information
system
oriented
to
the
needs
of
children
utilizing
15
the
children’s
behavioral
health
system,
providers,
the
16
department,
and
other
programs
or
facilities
in
accordance
17
with
section
225C.6A
.
The
system
shall
be
used
to
identify,
18
collect,
and
analyze
service
outcome
and
performance
measures
19
data
in
order
to
assess
the
effects
of
the
services
on
the
20
children
utilizing
the
services.
The
administrator
department
21
shall
annually
submit
to
the
state
board
commission
information
22
collected
by
the
department
indicating
the
changes
and
trends
23
in
the
children’s
behavioral
health
system.
The
administrator
24
department
shall
make
the
outcome
data
available
to
the
public.
25
Sec.
16.
Section
225C.5,
Code
2023,
is
amended
to
read
as
26
follows:
27
225C.5
Mental
health
and
disability
services
commission.
28
1.
A
mental
health
and
disability
services
commission
29
is
created
as
the
state
policy-making
body
for
the
provision
30
of
services
to
persons
with
mental
illness,
an
intellectual
31
disability,
other
developmental
disabilities,
or
brain
32
injury.
The
commission’s
voting
members
shall
be
appointed
33
to
three-year
staggered
terms
by
the
governor
and
are
subject
34
to
confirmation
by
the
senate
.
Commission
members
shall
be
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appointed
on
the
basis
of
interest
and
experience
in
the
fields
1
of
mental
health,
intellectual
disability,
other
developmental
2
disabilities,
and
brain
injury,
in
a
manner
so
as
to
ensure
3
adequate
representation
from
persons
with
disabilities
and
4
individuals
knowledgeable
concerning
disability
services.
The
5
department
shall
provide
staff
support
to
the
commission,
and
6
the
commission
may
utilize
staff
support
and
other
assistance
7
provided
to
the
commission
by
other
persons.
The
commission
8
shall
meet
at
least
four
times
per
year.
The
voting
membership
9
of
the
commission
shall
consist
of
the
following
persons
who,
10
at
the
time
of
appointment
to
the
commission,
are
active
11
members
of
the
indicated
groups:
12
a.
Three
members
shall
be
members
of
a
county
board
of
13
supervisors
selected
from
nominees
submitted
by
the
county
14
supervisor
affiliate
of
the
Iowa
state
association
of
counties.
15
b.
Two
members
shall
be
selected
from
nominees
submitted
by
16
the
director.
17
c.
b.
One
member
shall
be
an
active
board
member
of
a
18
community
mental
health
center
selected
from
nominees
submitted
19
by
the
Iowa
association
of
community
providers
and
the
Iowa
20
behavioral
health
association
.
21
d.
c.
One
member
shall
be
an
active
board
member
of
an
22
agency
serving
persons
with
a
developmental
disability
selected
23
from
nominees
submitted
by
the
Iowa
association
of
community
24
providers.
25
e.
d.
One
member
shall
be
a
board
member
or
employee
of
26
a
provider
of
mental
health
or
developmental
disabilities
27
services
to
children.
28
f.
e.
Two
members
shall
be
staff
members
of
regional
29
administrators
selected
from
nominees
submitted
by
the
30
community
services
affiliate
of
the
Iowa
state
association
of
31
counties.
32
g.
One
member
shall
be
selected
from
nominees
submitted
33
by
the
state’s
council
of
the
association
of
federal,
state,
34
county,
and
municipal
employees.
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h.
f.
Three
members
shall
be
service
consumers
or
family
1
members
of
service
consumers.
Of
these
members,
one
shall
be
2
a
service
consumer,
one
shall
be
a
parent
of
a
child
service
3
consumer,
and
one
shall
be
a
parent
or
other
family
member
of
a
4
person
admitted
to
and
living
at
a
state
resource
center
who
5
is
currently
utilizing
or
who
has
utilized
behavioral
health
6
services
.
7
i.
g.
Two
members
shall
be
selected
from
nominees
submitted
8
by
service
advocates.
Of
these
members,
one
shall
be
an
active
9
member
of
a
statewide
organization
for
persons
with
brain
10
injury
a
representative
of
an
established
advocacy
organization
11
whose
mission
or
purpose
it
is,
in
part,
to
further
goals
12
related
to
children’s
mental
health
.
13
j.
h.
One
member
shall
be
an
active
board
member
of
14
an
agency
serving
persons
with
a
substance
abuse
problem
15
use
disorder
selected
from
nominees
submitted
by
the
Iowa
16
behavioral
health
association.
17
k.
i.
One
member
shall
be
a
military
veteran
who
is
18
knowledgeable
concerning
the
behavioral
and
mental
health
19
issues
of
veterans.
20
j.
One
member
shall
be
selected
from
nominees
submitted
by
21
the
state
court
administrator.
22
k.
One
member
shall
be
a
board
member
or
an
employee
of
a
23
provider
of
child
welfare
services.
24
l.
One
member
shall
be
an
administrator
of
an
area
education
25
agency.
26
m.
One
member
shall
be
an
educator,
counselor,
or
27
administrator
of
a
school
district.
28
n.
One
member
shall
be
a
sheriff.
29
o.
One
member
shall
be
a
representative
from
a
health
care
30
system.
31
l.
In
addition
to
the
voting
members,
the
membership
shall
32
include
four
members
of
the
general
assembly
with
one
member
33
designated
by
each
of
the
following:
the
majority
leader
of
34
the
senate,
the
minority
leader
of
the
senate,
the
speaker
of
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the
house
of
representatives,
and
the
minority
leader
of
the
1
house
of
representatives.
A
legislative
member
serves
for
a
2
term
as
provided
in
section
69.16B
in
an
ex
officio,
nonvoting
3
capacity
and
is
eligible
for
per
diem
and
expenses
as
provided
4
in
section
2.10
.
5
2.
The
three-year
terms
shall
begin
and
end
as
provided
in
6
section
69.19
.
Vacancies
on
the
commission
shall
be
filled
as
7
provided
in
section
2.32
.
A
member
shall
not
be
appointed
for
8
more
than
two
consecutive
three-year
terms.
9
3.
Members
of
the
commission
shall
qualify
by
taking
the
10
oath
of
office
prescribed
by
law
for
state
officers.
At
its
11
first
meeting
of
each
year,
the
commission
shall
organize
by
12
electing
a
chairperson
and
a
vice
chairperson
for
terms
of
13
one
year.
Commission
members
are
entitled
to
a
per
diem
as
14
specified
in
section
7E.6
and
reimbursement
for
actual
and
15
necessary
expenses
incurred
while
engaged
in
their
official
16
duties,
to
be
paid
from
funds
appropriated
to
the
department.
17
Sec.
17.
Section
225C.7A,
subsection
8,
paragraph
j,
Code
18
2023,
is
amended
to
read
as
follows:
19
j.
If
the
department
has
made
its
decisions
but
has
20
determined
that
there
are
otherwise
qualifying
requests
for
21
incentive
funds
that
are
beyond
the
amount
available
in
the
22
incentive
fund
for
a
fiscal
year,
the
department
shall
compile
23
a
list
of
such
requests
and
the
supporting
information
for
24
the
requests.
The
list
and
information
shall
be
submitted
to
25
the
commission
,
the
children’s
behavioral
health
system
state
26
board,
and
the
general
assembly.
27
Sec.
18.
Section
331.388,
subsection
7,
Code
2023,
is
28
amended
by
striking
the
subsection.
29
Sec.
19.
Section
331.397A,
subsection
3,
Code
2023,
is
30
amended
to
read
as
follows:
31
3.
Pursuant
to
recommendations
made
by
the
state
board,
the
32
The
department
of
health
and
human
services
shall
adopt
rules
33
to
define
the
services
included
in
the
core
domains
listed
in
34
this
section
.
The
rules
shall
provide
service
definitions,
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service
provider
standards,
service
access
standards,
and
1
service
implementation
dates,
and
shall
provide
consistency,
2
to
the
extent
possible,
with
similar
service
definitions
under
3
the
medical
assistance
program.
4
Sec.
20.
REPEAL.
Sections
225C.51
and
225C.52,
Code
2023,
5
are
repealed.
6
COMMISSION
ON
AGING
7
Sec.
21.
Section
231.11,
Code
2023,
is
amended
to
read
as
8
follows:
9
231.11
Commission
established.
10
The
commission
on
aging
is
established
which
shall
consist
11
of
eleven
seven
members
.
One
member
each
shall
be
appointed
12
by
the
president
of
the
senate,
after
consultation
with
the
13
majority
leader
of
the
senate,
and
by
the
minority
leader
of
14
the
senate,
from
the
members
of
the
senate
to
serve
as
ex
15
officio,
nonvoting
members.
One
member
each
shall
be
appointed
16
by
the
speaker
of
the
house
of
representatives
and
by
the
17
minority
leader
of
the
house
of
representatives,
from
the
18
members
of
the
house
of
representatives
to
serve
as
ex
officio,
19
nonvoting
members.
Seven
members
shall
be
appointed
by
the
20
governor
subject
to
confirmation
by
the
senate
.
Not
more
than
21
a
simple
majority
of
the
governor’s
appointees
shall
belong
to
22
the
same
political
party.
At
least
four
of
the
seven
members
23
appointed
by
the
governor
shall
be
fifty-five
years
of
age
or
24
older
when
appointed.
25
Sec.
22.
Section
231.12,
Code
2023,
is
amended
to
read
as
26
follows:
27
231.12
Terms.
28
All
The
members
of
the
commission
appointed
by
the
governor
29
shall
be
appointed
for
terms
of
four
years,
with
staggered
30
expiration
dates.
The
terms
of
office
of
members
appointed
31
by
the
governor
shall
commence
and
end
as
provided
by
section
32
69.19
.
Legislative
members
of
the
commission
shall
serve
33
terms
of
office
as
provided
in
section
69.16B
.
A
vacancy
on
34
the
commission
shall
be
filled
for
the
unexpired
term
of
the
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vacancy
in
the
same
manner
as
the
original
appointment
was
1
made.
If
a
legislative
member
ceases
to
be
a
member
of
the
2
general
assembly
the
legislative
member
may
continue
to
serve
3
until
a
successor
is
appointed.
4
Sec.
23.
Section
231.13,
Code
2023,
is
amended
to
read
as
5
follows:
6
231.13
Meetings
——
officers.
7
Members
of
the
commission
shall
elect
from
the
commission’s
8
membership
a
chairperson,
and
other
officers
as
commission
9
members
deem
necessary,
who
shall
serve
for
a
period
of
two
10
years.
The
commission
shall
meet
at
regular
intervals
at
11
least
four
times
each
year
and
may
hold
special
meetings
at
12
the
call
of
the
chairperson
or
at
the
request
of
a
majority
13
of
the
commission
membership.
The
commission
shall
meet
at
14
the
seat
of
government
or
such
other
place
as
the
commission
15
may
designate.
Members
shall
be
paid
a
per
diem
as
specified
16
in
section
7E.6
and
shall
receive
reimbursement
for
actual
17
expenses
for
their
official
duties.
18
COMMISSION
ON
TOBACCO
USE
PREVENTION
AND
CONTROL
19
Sec.
24.
Section
142A.2,
Code
2023,
is
amended
to
read
as
20
follows:
21
142A.2
Definitions.
22
As
used
in
this
chapter
,
unless
the
context
otherwise
23
requires:
24
1.
“Administrator”
means
the
administrator
of
the
division
25
of
tobacco
use
prevention
and
control.
26
2.
“Commission”
means
the
commission
on
tobacco
use
27
prevention
and
control
established
in
this
chapter
.
28
3.
1.
“Community
partnership”
means
a
public
agency
or
29
nonprofit
organization
implementing
the
tobacco
use
prevention
30
and
control
initiative
in
a
local
area
in
accordance
with
this
31
chapter
.
32
4.
2.
“Department”
means
the
Iowa
department
of
public
33
health
and
human
services
.
34
5.
3.
“Director”
means
the
director
of
public
health
and
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human
services
.
1
6.
“Division”
means
the
division
of
tobacco
use
prevention
2
and
control
of
the
Iowa
department
of
public
health,
3
established
pursuant
to
this
chapter
.
4
7.
4.
“Initiative”
means
the
comprehensive
tobacco
use
5
prevention
and
control
initiative
established
in
this
chapter
.
6
8.
5.
“Manufacturer”
means
manufacturer
as
defined
in
7
section
453A.1
.
8
9.
6.
“Pregnant
woman”
means
a
female
of
any
age
who
is
9
pregnant.
10
10.
“School-age
youth”
means
a
person
attending
school
in
11
kindergarten
through
grade
twelve.
12
11.
7.
“Tobacco”
means
both
cigarettes
and
tobacco
products
13
as
defined
in
section
453A.1
.
14
12.
8.
“Youth”
means
a
person
who
is
five
through
15
twenty-four
years
of
age.
16
Sec.
25.
Section
142A.3,
Code
2023,
is
amended
to
read
as
17
follows:
18
142A.3
Tobacco
use
prevention
and
control
——
division
——
19
commission
——
created
.
20
1.
The
department
shall
establish,
as
a
separate
and
21
distinct
division
within
the
department,
a
division
of
tobacco
22
use
prevention
and
control.
The
division
shall
develop,
23
implement,
and
administer
the
initiative
established
in
this
24
chapter
and
shall
perform
other
duties
as
directed
by
this
25
chapter
or
as
assigned
by
the
director
of
public
health
.
26
2.
A
commission
on
tobacco
use
prevention
and
control
is
27
established
to
The
department
shall
develop
policy,
provide
28
direction
for
the
initiative,
and
perform
all
other
duties
29
related
to
the
initiative
and
other
tobacco
use
prevention
and
30
control
activities
as
directed
by
this
chapter
or
referred
to
31
the
commission
by
the
director
of
public
health
.
32
3.
The
membership
of
the
commission
shall
include
the
33
following
voting
members
who
shall
serve
three-year,
staggered
34
terms:
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a.
Members,
at
least
one
of
whom
is
a
member
of
a
racial
1
minority,
to
be
appointed
by
the
governor,
subject
to
2
confirmation
by
the
senate
pursuant
to
sections
2.32
and
69.19
,
3
and
consisting
of
the
following:
4
(1)
Three
members
who
are
active
with
nonprofit
health
5
organizations
that
emphasize
tobacco
use
prevention
or
who
are
6
active
as
health
services
providers,
at
the
local
level.
7
(2)
Three
members
who
are
active
with
health
promotion
8
activities
at
the
local
level
in
youth
education,
nonprofit
9
services,
or
other
activities
relating
to
tobacco
use
10
prevention
and
control.
11
b.
Three
voting
members,
to
be
selected
by
the
participants
12
in
the
annual
statewide
youth
summit
of
the
initiative’s
youth
13
program,
who
shall
not
be
subject
to
section
69.16
or
69.16A
.
14
However,
the
selection
process
shall
provide
for
diversity
15
among
the
members
and
at
least
one
of
the
youth
members
shall
16
be
a
female.
17
4.
The
commission
shall
also
include
the
following
ex
18
officio,
nonvoting
members:
19
a.
Four
members
of
the
general
assembly,
with
not
more
than
20
one
member
from
each
chamber
being
from
the
same
political
21
party.
The
majority
leader
of
the
senate
and
the
minority
22
leader
of
the
senate
shall
each
appoint
one
of
the
senate
23
members.
The
majority
leader
of
the
house
of
representatives
24
and
the
minority
leader
of
the
house
of
representatives
shall
25
each
appoint
one
of
the
house
members.
26
b.
The
presiding
officer
of
the
statewide
youth
executive
27
body,
selected
by
the
delegates
to
the
statewide
youth
summit.
28
5.
In
addition
to
the
members
of
the
commission,
the
29
following
agencies,
organizations,
and
persons
shall
each
30
assign
a
single
liaison
to
the
commission
to
provide
assistance
31
to
the
commission
in
the
discharge
of
the
commission’s
duties:
32
a.
The
department
of
education.
33
b.
The
drug
policy
coordinator.
34
c.
The
department
of
justice,
office
of
the
attorney
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general.
1
d.
The
department
of
human
services.
2
6.
Citizen
members
shall
be
reimbursed
for
actual
and
3
necessary
expenses
incurred
in
performance
of
their
duties.
4
Citizen
members
shall
be
paid
a
per
diem
as
specified
in
5
section
7E.6
.
Legislative
members
are
eligible
for
per
diem
6
and
expenses
as
provided
in
section
2.10
.
7
7.
A
member
of
the
commission
who
is
convicted
of
a
crime
8
relating
to
tobacco,
alcohol,
or
controlled
substances
is
9
subject
to
removal
from
the
commission.
10
8.
A
vacancy
on
the
commission
other
than
for
the
youth
11
members
shall
be
filled
in
the
same
manner
as
the
original
12
appointment
for
the
balance
of
the
unexpired
term.
A
youth
13
member
vacancy
shall
be
filled
by
the
presiding
officer
of
the
14
statewide
executive
body
as
selected
by
the
delegates
to
the
15
statewide
youth
summit.
16
9.
The
commission
shall
elect
a
chairperson
from
among
its
17
voting
members
and
may
select
other
officers
from
among
its
18
voting
members,
as
determined
necessary
by
the
commission.
19
The
commission
shall
meet
regularly
as
determined
by
the
20
commission,
upon
the
call
of
the
chairperson,
or
upon
the
call
21
of
a
majority
of
the
voting
members.
22
10.
The
commission
may
designate
an
advisory
council.
The
23
commission
shall
determine
the
membership
and
representation
24
of
the
advisory
council
and
members
of
the
council
shall
serve
25
at
the
pleasure
of
the
commission.
The
advisory
council
may
26
include
representatives
of
health
care
provider
groups,
parent
27
groups,
antitobacco
advocacy
programs
and
organizations,
28
research
and
evaluation
experts,
and
youth
organizers.
29
Sec.
26.
Section
142A.4,
Code
2023,
is
amended
to
read
as
30
follows:
31
142A.4
Commission
Department
duties.
32
The
commission
department
shall
do
all
of
the
following:
33
1.
Develop
and
implement
the
comprehensive
tobacco
use
34
prevention
and
control
initiative
as
provided
in
this
chapter
.
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2.
Provide
a
forum
for
the
discussion,
development,
and
1
recommendation
of
public
policy
alternatives
in
the
field
of
2
tobacco
use
prevention
and
control.
3
3.
Develop
an
educational
component
of
the
initiative.
4
Educational
efforts
provided
through
the
school
system
shall
be
5
developed
in
conjunction
with
the
department
of
education.
6
4.
Develop
a
plan
for
implementation
of
the
initiative
in
7
accordance
with
the
purpose
and
intent
specified
in
section
8
142A.1
.
9
5.
Provide
for
technical
assistance,
training,
and
other
10
support
under
the
initiative.
11
6.
Take
actions
to
develop
and
implement
a
statewide
12
system
for
the
initiative
programs
that
are
delivered
through
13
community
partnerships.
14
7.
Manage
and
coordinate
the
provision
of
funding
and
other
15
moneys
available
to
the
initiative
by
combining
all
or
portions
16
of
appropriations
or
other
revenues
as
authorized
by
law.
17
8.
Assist
with
the
linkage
of
the
initiative
with
child
18
welfare
and
juvenile
justice
decategorization
projects,
19
education
programming,
early
childhood
Iowa
areas,
and
other
20
programs
and
services
directed
to
youth
at
the
state
and
21
community
level.
22
9.
a.
Coordinate
and
respond
to
any
requests
from
a
23
community
partnership
relating
to
any
of
the
following:
24
(1)
a.
Removal
of
barriers
to
community
partnership
25
efforts.
26
(2)
b.
Pooling
and
redirecting
of
existing
federal,
state,
27
or
other
public
or
private
funds
available
for
purposes
that
28
are
consistent
with
the
initiative.
29
(3)
c.
Seeking
of
federal
waivers
to
assist
community
30
partnership
efforts.
31
b.
In
coordinating
and
responding
to
the
requests,
the
32
commission
shall
work
with
state
agencies,
the
governor,
and
33
the
general
assembly
as
necessary
to
address
requests
deemed
34
appropriate
by
the
commission.
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10.
Adopt
rules
pursuant
to
chapter
17A
as
necessary
for
the
1
designation,
governance,
and
oversight
of
the
initiative
and
2
the
implementation
of
this
chapter
.
The
commission
department
3
shall
provide
for
community
partnership
and
youth
program
input
4
in
the
rules
adoption
process.
The
rules
shall
include
but
are
5
not
limited
to
all
of
the
following:
6
a.
Performance
indicators
for
initiative
programs,
community
7
partnerships,
and
the
services
provided
under
the
auspices
of
8
community
partnerships.
The
performance
indicators
shall
be
9
developed
with
input
from
communities.
10
b.
Minimum
standards
to
further
the
provision
of
equal
11
access
to
services.
12
11.
Monitor
and
evaluate
the
effectiveness
of
performance
13
measures
utilized
under
the
initiative.
14
12.
Submit
a
report
to
the
governor
and
the
general
15
assembly
on
a
periodic
basis,
during
the
initial
year
of
16
operation,
and
on
an
annual
basis
thereafter,
regarding
17
the
initiative,
including
demonstrated
progress
based
on
18
performance
indicators.
The
commission
department
shall
report
19
more
frequently
if
requested
by
the
joint
appropriations
20
subcommittee
that
makes
recommendations
concerning
the
21
commission’s
department’s
budget.
Beginning
July
1,
2005,
the
22
commission
shall
also
perform
a
comprehensive
review
of
the
23
initiative
and
shall
submit
a
report
of
its
findings
to
the
24
governor
and
the
general
assembly
on
or
before
December
15,
25
2005.
26
13.
Represented
by
the
chairperson
of
the
commission,
27
annually
appear
before
the
joint
appropriations
subcommittee
28
that
makes
recommendations
concerning
the
commission’s
budget
29
to
report
on
budget
expenditures
and
division
operations
30
relative
to
the
prior
fiscal
year
and
the
current
fiscal
year.
31
14.
Advise
the
director
in
evaluating
potential
candidates
32
for
the
position
of
administrator,
consult
with
the
director
33
in
the
hiring
of
the
administrator,
and
review
and
advise
34
the
director
on
the
performance
of
the
administrator
in
the
35
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discharge
of
the
administrator’s
duties.
1
15.
13.
Prioritize
funding
needs
and
the
allocation
of
2
moneys
appropriated
and
other
resources
available
for
the
3
programs
and
activities
of
the
initiative.
4
16.
14.
Review
fiscal
needs
of
the
initiative
and
make
5
recommendations
to
the
director
in
the
development
of
budget
6
requests.
7
17.
15.
Solicit
and
accept
any
gift
of
money
or
property,
8
including
any
grant
of
money,
services,
or
property
from
the
9
federal
government,
the
state,
a
political
subdivision,
or
10
a
private
source
that
is
consistent
with
the
goals
of
the
11
initiative.
The
commission
department
shall
adopt
rules
12
prohibiting
the
acceptance
of
gifts
from
a
manufacturer
of
13
tobacco
products.
14
18.
16.
Advise
and
make
recommendations
to
the
governor,
15
the
general
assembly,
and
the
director,
and
the
administrator,
16
relative
to
tobacco
use,
treatment,
intervention,
prevention,
17
control,
and
education
programs
in
the
state.
18
19.
17.
Evaluate
the
work
of
the
division
and
the
19
department
relating
to
the
initiative.
For
this
purpose,
20
the
commission
department
shall
have
access
to
any
relevant
21
department
records
and
documents,
and
other
information
22
reasonably
obtainable
by
the
department.
23
20.
18.
Develop
the
structure
for
the
statewide
youth
24
summit
to
be
held
annually.
25
21.
19.
Approve
the
content
of
any
materials
distributed
26
by
the
youth
program
pursuant
to
section
142A.9
,
prior
to
27
distribution
of
the
materials.
28
Sec.
27.
Section
142A.5,
Code
2023,
is
amended
to
read
as
29
follows:
30
142A.5
Director
and
administrator
duties.
31
1.
The
director
shall
do
all
of
the
following:
32
a.
Establish
and
maintain
the
division
of
tobacco
use
33
prevention
and
control.
34
b.
Employ
a
separate
division
administrator,
in
accordance
35
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with
the
requirements
of
section
142A.4,
subsection
14
,
in
a
1
full-time
equivalent
position
whose
sole
responsibility
and
2
duty
shall
be
the
administration
and
oversight
of
the
division.
3
The
division
administrator
shall
report
to
and
shall
serve
4
at
the
pleasure
of
the
director.
The
administrator
shall
5
be
exempt
from
the
merit
system
provisions
of
chapter
8A,
6
subchapter
IV
.
7
c.
1.
Coordinate
all
tobacco
use
prevention
and
control
8
programs
and
activities
under
the
purview
of
the
department.
9
d.
Receive
and
review
budget
recommendations
from
the
10
commission.
The
director
shall
consider
these
recommendations
11
in
developing
the
budget
request
for
the
department.
12
2.
The
administrator
shall
do
all
of
the
following:
13
a.
2.
Implement
the
initiative
,
coordinate
the
activities
14
of
the
commission
and
the
initiative,
and
coordinate
with
other
15
tobacco
use
prevention
and
control
activities
as
assigned
by
16
the
director
.
17
b.
3.
Monitor
and
evaluate
the
effectiveness
of
performance
18
measures.
19
c.
Provide
staff
and
administrative
support
to
the
20
commission.
21
d.
4.
Administer
contracts
entered
into
under
this
chapter
.
22
e.
5.
Coordinate
and
cooperate
with
other
tobacco
use
23
prevention
and
control
programs
within
and
outside
of
the
24
state.
25
f.
Provide
necessary
information
to
the
commission
to
26
assist
the
commission
in
making
its
annual
report
to
the
27
joint
appropriations
subcommittee
pursuant
to
section
142A.4,
28
subsection
13
,
and
in
fulfilling
other
commission
duties
29
pursuant
to
section
142A.4
.
30
Sec.
28.
Section
142A.6,
subsections
1,
4,
and
5,
Code
2023,
31
are
amended
to
read
as
follows:
32
1.
A
comprehensive
tobacco
use
prevention
and
control
33
initiative
is
established.
The
division
department
shall
34
implement
the
initiative
as
provided
in
this
chapter
.
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4.
The
division
department
shall
implement
the
initiative
1
in
a
manner
that
ensures
that
youth
are
extensively
involved
2
in
the
decision
making
for
the
programs
implemented
under
3
the
initiative.
The
initiative
shall
also
involve
parents,
4
schools,
and
community
members
in
activities
to
achieve
the
5
results
desired
for
the
initiative.
The
division
department
6
shall
encourage
collaboration
at
the
state
and
local
levels
7
to
maximize
available
resources
and
to
provide
flexibility
to
8
support
community
efforts.
9
5.
Procurement
of
goods
and
services
necessary
to
implement
10
the
initiative
is
subject
to
approval
of
the
commission
11
department
.
Notwithstanding
chapter
8A,
subchapter
III
,
or
any
12
other
provision
of
law
to
the
contrary,
such
procurement
may
13
be
accomplished
by
the
commission
under
its
own
competitive
14
bidding
process
which
shall
provide
for
consideration
of
15
such
factors
as
price,
bidder
competence,
and
expediency
in
16
procurement.
17
Sec.
29.
Section
142A.8,
subsections
2
and
3,
Code
2023,
are
18
amended
to
read
as
follows:
19
2.
A
community
partnership
area
shall
encompass
a
county
20
or
multicounty
area,
school
district
or
multischool
district
21
area,
economic
development
enterprise
zone
that
meets
the
22
requirements
of
an
urban
or
rural
enterprise
community
under
23
Tit.
XIII
of
the
federal
Omnibus
Budget
Reconciliation
Act
of
24
1993,
or
early
childhood
Iowa
area,
in
accordance
with
criteria
25
adopted
by
the
commission
department
for
appropriate
population
26
levels
and
size
of
geographic
areas.
27
3.
The
commission
department
shall
adopt
rules
pursuant
to
28
chapter
17A
providing
procedures
for
the
initial
designation
29
of
community
partnership
areas
and
for
subsequent
changes
to
30
the
initially
designated
areas.
31
Sec.
30.
Section
142A.10,
Code
2023,
is
amended
to
read
as
32
follows:
33
142A.10
Funding
of
programs
delivered
through
community
34
partnerships.
35
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566
1.
The
commission
department
shall
develop
and
implement
a
1
statewide
system
for
the
initiative
programs
that
are
delivered
2
through
community
partnerships.
3
2.
The
system
shall
provide
for
equitable
allocation
of
4
funding
for
initiative
programs
among
the
state’s
community
5
partnership
areas,
based
upon
school-age
population
and
other
6
criteria
established
by
the
commission
department
.
7
3.
The
specific
programs,
distribution
provisions,
and
8
other
provisions
approved
by
the
commission
department
for
9
expenditure
of
the
maximum
allocation
amount
established
for
10
a
community
partnership
area
shall
be
outlined
in
the
written
11
contract
with
the
community
partnership.
12
4.
Any
allocation
received
by
a
community
partnership
13
shall
be
matched
with
local
funding,
in-kind
services,
office
14
support,
or
other
tangible
support
or
offset
of
costs.
15
DEPENDENT
ADULT
PROTECTIVE
ADVISORY
COUNCIL
16
Sec.
31.
Section
235B.1,
subsection
4,
Code
2023,
is
amended
17
to
read
as
follows:
18
4.
a.
The
establishment
of
a
dependent
adult
protective
19
advisory
council.
The
advisory
council
shall
do
all
of
the
20
following:
21
(1)
Advise
the
director
of
health
and
human
services,
22
the
director
of
the
department
on
aging,
the
director
of
23
inspections
and
appeals,
the
director
of
public
health,
and
the
24
director
of
the
department
of
corrections
,
and
the
director
of
25
human
rights
regarding
dependent
adult
abuse.
26
(2)
Evaluate
state
law
and
rules
and
make
recommendations
27
to
the
general
assembly
and
to
executive
branch
departments
28
regarding
laws
and
rules
concerning
dependent
adults.
29
(3)
Receive
and
review
recommendations
and
complaints
from
30
the
public,
health
care
facilities,
and
health
care
programs
31
concerning
the
dependent
adult
abuse
services
program.
32
b.
(1)
The
advisory
council
shall
consist
of
twelve
nine
33
members
.
Eight
members
who
shall
be
appointed
by
and
serve
at
34
the
pleasure
of
the
governor.
Four
of
the
members
appointed
35
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32
H.F.
566
shall
be
appointed
on
the
basis
of
knowledge
and
skill
related
1
to
expertise
in
the
area
of
dependent
adult
abuse
including
2
professionals
practicing
in
the
disciplines
of
medicine,
public
3
health,
mental
health,
long-term
care,
social
work,
law,
4
and
law
enforcement.
Two
of
the
members
appointed
shall
be
5
members
of
the
general
public
with
an
interest
in
the
area
of
6
dependent
adult
abuse
and
two
of
the
members
appointed
shall
7
be
members
of
the
Iowa
caregivers
association.
In
addition,
8
the
membership
of
the
council
shall
include
the
director
or
the
9
director’s
designee
of
the
department
of
human
services,
the
10
department
on
aging,
the
Iowa
department
of
public
health,
and
11
the
department
of
inspections
and
appeals.
12
(2)
The
members
of
the
advisory
council
shall
be
appointed
13
to
terms
of
four
years
beginning
May
1.
Appointments
shall
14
comply
with
sections
69.16
and
69.16A
.
Vacancies
shall
be
15
filled
in
the
same
manner
as
the
original
appointment.
16
(3)
Members
shall
receive
actual
expenses
incurred
while
17
serving
in
their
official
capacity.
18
(4)
(3)
The
advisory
council
shall
select
a
chairperson,
19
annually,
from
its
membership.
20
DOMESTIC
ABUSE
DEATH
REVIEW
TEAM
21
Sec.
32.
Section
135.109,
subsection
7,
Code
2023,
is
22
amended
by
striking
the
subsection.
23
Sec.
33.
Section
135.110,
subsection
5,
Code
2023,
is
24
amended
by
striking
the
subsection.
25
EARLY
CHILDHOOD
IOWA
STATE
BOARD
26
Sec.
34.
Section
256I.3,
Code
2023,
is
amended
to
read
as
27
follows:
28
256I.3
Early
childhood
Iowa
state
board
created.
29
1.
The
early
childhood
Iowa
state
board
is
created
to
30
promote
a
vision
for
a
comprehensive
early
care,
education,
31
health,
and
human
services
system
in
this
state.
The
board
32
shall
oversee
state
and
local
efforts.
The
vision
shall
be
33
achieved
through
strategic
planning,
funding
identification,
34
guidance,
and
decision-making
authority
to
assure
collaboration
35
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32
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566
among
state
and
local
early
care,
education,
health,
and
human
1
services
systems.
2
2.
a.
The
board
shall
consist
of
twenty-one
thirteen
voting
3
members
with
fifteen
nine
citizen
members
and
six
four
state
4
agency
members.
The
six
four
state
agency
members
shall
be
5
the
directors
or
their
designees
of
the
following
agencies:
6
economic
development
authority,
education,
human
rights,
health
7
and
human
services,
public
health,
and
workforce
development.
8
The
designees
of
state
agency
directors
shall
be
selected
on
9
an
annual
basis.
The
citizen
members
shall
be
appointed
by
10
the
governor
,
subject
to
confirmation
by
the
senate
.
The
11
governor’s
appointments
of
citizen
members
shall
be
made
in
12
a
manner
so
that
each
of
the
state’s
congressional
districts
13
is
represented
by
at
least
two
citizen
members
and
so
that
14
all
the
appointments
as
a
whole
reflect
the
ethnic,
cultural,
15
social,
and
economic
diversity
of
the
state.
A
member
of
the
16
state
board
shall
not
be
a
provider
of
services
or
other
entity
17
receiving
funding
through
the
early
childhood
Iowa
initiative
18
or
be
employed
by
such
a
provider
or
other
entity.
19
b.
The
governor’s
appointees
shall
be
selected
from
20
individuals
nominated
by
area
boards.
The
nominations
shall
21
reflect
the
range
of
interests
represented
on
the
area
boards
22
so
that
the
governor
is
able
to
appoint
one
or
more
members
23
each
for
early
care,
education,
health,
human
services,
24
business,
faith,
and
public
interests.
At
least
one
of
the
25
citizen
members
shall
be
a
service
consumer
or
the
parent
of
a
26
service
consumer.
The
term
of
office
of
the
citizen
members
27
is
three
years.
A
citizen
member
vacancy
on
the
board
shall
be
28
filled
in
the
same
manner
as
the
original
appointment
for
the
29
balance
of
the
unexpired
term.
30
3.
In
addition
to
the
voting
members,
the
state
board
shall
31
include
four
members
of
the
general
assembly
with
not
more
than
32
one
member
from
each
chamber
being
from
the
same
political
33
party.
The
two
senators
shall
be
appointed
one
each
by
the
34
majority
leader
of
the
senate
and
by
the
minority
leader
of
35
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32
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the
senate.
The
two
representatives
shall
be
appointed
one
1
each
by
the
speaker
of
the
house
of
representatives
and
by
the
2
minority
leader
of
the
house
of
representatives.
Legislative
3
members
shall
serve
in
an
ex
officio,
nonvoting
capacity.
A
4
legislative
member
is
eligible
for
per
diem
and
expenses
as
5
provided
in
section
2.10
.
6
4.
3.
The
state
board
shall
elect
a
chairperson
from
among
7
the
citizen
members
and
may
select
other
officers
from
the
8
voting
members
as
determined
to
be
necessary
by
the
board.
The
9
board
shall
meet
regularly
as
determined
by
the
board,
upon
the
10
call
of
the
board’s
chairperson,
or
upon
the
call
of
a
majority
11
of
voting
members.
The
board
shall
meet
at
least
no
more
than
12
quarterly.
13
HAWKI
PROGRAM
AND
BOARD
——
MEDICAL
ASSISTANCE
ADVISORY
COUNCIL
14
Sec.
35.
Section
249A.4B,
subsection
1,
Code
2023,
is
15
amended
to
read
as
follows:
16
1.
A
medical
assistance
advisory
council
is
created
to
17
comply
with
42
C.F.R.
§431.12
based
on
section
1902(a)(4)
of
18
the
federal
Social
Security
Act
and
to
advise
the
director
19
about
health
and
medical
care
services
under
the
medical
20
assistance
program.
The
council
shall
also
serve
as
an
21
advisory
council
to
the
Hawki
program
pursuant
to
chapter
22
514I
to
the
extent
necessary
to
comply
with
federal
law.
The
23
council
shall
meet
no
more
than
quarterly.
The
director
of
24
director’s
designee
responsible
for
public
health
or
their
25
designee
and
a
public
member
of
the
council
selected
by
the
26
public
members
of
the
council
shall
serve
as
co-chairpersons
27
of
the
council.
28
Sec.
36.
Section
249A.4B,
subsection
2,
paragraph
b,
29
subparagraph
(6),
Code
2023,
is
amended
by
striking
the
30
subparagraph.
31
Sec.
37.
Section
249A.4B,
subsections
4
and
7,
Code
2023,
32
are
amended
to
read
as
follows:
33
4.
Based
upon
the
deliberations
of
the
council,
the
council
34
shall
make
recommendations
to
the
director
regarding
the
35
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32
H.F.
566
budget,
policy,
and
administration
of
the
medical
assistance
1
program
and
regarding
the
Hawki
program
as
necessary
to
comply
2
with
federal
law
.
3
7.
The
director
shall
consider
the
recommendations
offered
4
by
the
council
in
the
director’s
preparation
of
medical
5
assistance
and
Hawki
program
budget
recommendations
to
the
6
council
on
human
services
pursuant
to
section
217.3
and
7
in
implementation
of
medical
assistance
and
Hawki
program
8
policies.
9
Sec.
38.
Section
249A.4B,
subsection
5,
Code
2023,
is
10
amended
by
striking
the
subsection.
11
Sec.
39.
Section
514I.1,
subsection
2,
Code
2023,
is
amended
12
to
read
as
follows:
13
2.
It
is
the
intent
of
the
general
assembly
that
the
program
14
be
implemented
and
administered
in
compliance
with
Tit.
XXI
15
of
the
federal
Social
Security
Act.
If,
as
a
condition
of
16
receiving
federal
funds
for
the
program,
federal
law
requires
17
implementation
and
administration
of
the
program
in
a
manner
18
not
provided
in
this
chapter
,
during
a
period
when
the
general
19
assembly
is
not
in
session,
the
department
,
with
the
approval
20
of
the
hawk-i
board,
shall
proceed
to
implement
and
administer
21
those
provisions,
subject
to
review
by
the
next
regular
session
22
of
the
general
assembly.
23
Sec.
40.
Section
514I.2,
subsection
6,
Code
2023,
is
amended
24
by
striking
the
subsection.
25
Sec.
41.
Section
514I.4,
Code
2023,
is
amended
to
read
as
26
follows:
27
514I.4
Director
and
department
——
duties
——
powers.
28
1.
The
director
,
with
the
approval
of
the
hawk-i
board,
29
shall
implement
this
chapter
.
The
director
shall
do
all
of
the
30
following:
31
a.
At
least
every
six
months,
evaluate
the
scope
of
the
32
program
currently
being
provided
under
this
chapter
,
project
33
the
probable
cost
of
continuing
the
program,
and
compare
34
the
probable
cost
with
the
remaining
balance
of
the
state
35
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566
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90
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32
H.F.
566
appropriation
made
for
payment
of
assistance
under
this
chapter
1
during
the
current
appropriation
period.
The
director
shall
2
report
the
findings
of
the
evaluation
to
the
board
and
shall
3
annually
report
findings
of
the
evaluation
to
the
governor
and
4
the
general
assembly
by
January
1.
5
b.
Establish
premiums
to
be
paid
to
participating
insurers
6
for
provision
of
health
insurance
coverage.
7
c.
Contract
with
participating
insurers
to
provide
health
8
insurance
coverage
under
this
chapter
.
9
d.
Recommend
to
the
board
proposed
rules
necessary
to
10
implement
the
program.
11
e.
Recommend
to
the
board
individuals
to
serve
as
members
of
12
the
clinical
advisory
committee.
13
2.
a.
The
director
,
with
the
approval
of
the
board,
may
14
contract
with
participating
insurers
to
provide
dental-only
15
services.
16
b.
The
director
,
with
the
approval
of
the
board,
17
may
contract
with
participating
insurers
to
provide
the
18
supplemental
dental-only
coverage
to
otherwise
eligible
19
children
who
have
private
health
care
coverage
as
specified
in
20
the
federal
Children’s
Health
Insurance
Program
Reauthorization
21
Act
of
2009,
Pub.
L.
No.
111-3.
22
3.
The
department
may
enter
into
contracts
with
other
23
persons
whereby
the
other
person
provides
some
or
all
of
the
24
functions,
pursuant
to
rules
adopted
by
the
board
department
,
25
which
are
required
of
the
director
or
the
department
under
this
26
section
.
All
contracts
entered
into
pursuant
to
this
section
27
shall
be
made
available
to
the
public.
28
4.
The
department
shall
do
or
shall
provide
for
all
of
the
29
following:
30
a.
Determine
eligibility
for
program
enrollment
as
31
prescribed
by
federal
law
and
regulation,
using
policies
and
32
procedures
adopted
by
rule
of
the
department
pursuant
to
33
chapter
17A
.
The
department
shall
not
enroll
a
child
who
has
34
group
health
coverage
unless
expressly
authorized
by
such
35
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566
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32
H.F.
566
rules.
1
b.
Enroll
qualifying
children
in
the
program
with
2
maintenance
of
a
supporting
eligibility
file
or
database.
3
c.
Utilize
the
department’s
eligibility
system
to
maintain
4
eligibility
files
with
pertinent
eligibility
determination
and
5
ongoing
enrollment
information
including
but
not
limited
to
6
data
regarding
beneficiaries,
enrollment
dates,
disenrollments,
7
and
annual
financial
redeterminations.
8
d.
Provide
for
administrative
oversight
and
monitoring
of
9
federal
requirements.
10
e.
Perform
annual
financial
reviews
of
eligibility
for
each
11
beneficiary.
12
f.
Collect
and
track
monthly
family
premiums
to
assure
that
13
payments
are
current.
14
g.
Notify
each
participating
insurer
of
new
program
15
enrollees
who
are
enrolled
by
the
department
in
that
16
participating
insurer’s
plan.
17
h.
Verify
the
number
of
program
enrollees
with
each
18
participating
insurer
for
determination
of
the
amount
of
19
premiums
to
be
paid
to
each
participating
insurer.
20
i.
Maintain
data
for
the
purpose
of
quality
assurance
21
reports
as
required
by
rule
of
the
board
.
22
j.
(1)
Establish
the
family
cost
sharing
amounts
for
23
children
of
families
with
incomes
of
one
hundred
fifty
percent
24
or
more
but
not
exceeding
two
hundred
percent
of
the
federal
25
poverty
level,
of
not
less
than
ten
dollars
per
individual
26
and
twenty
dollars
per
family,
if
not
otherwise
prohibited
by
27
federal
law
,
with
the
approval
of
the
board
.
28
(2)
Establish
for
children
of
families
with
incomes
29
exceeding
two
hundred
percent
but
not
exceeding
three
hundred
30
percent
of
the
federal
poverty
level,
family
cost
sharing
31
amounts,
and
graduated
premiums
based
on
a
rationally
developed
32
sliding
fee
schedule,
in
accordance
with
federal
law
,
with
the
33
approval
of
the
board
.
34
k.
Perform
annual,
random
reviews
of
enrollee
applications
35
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566
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90
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28/
32
H.F.
566
to
ensure
compliance
with
program
eligibility
and
enrollment
1
policies.
Quality
assurance
reports
shall
be
made
to
the
board
2
compiled
based
upon
the
data
maintained
by
the
department.
3
l.
Perform
other
duties
as
determined
by
the
board
director
.
4
Sec.
42.
Section
514I.6,
subsection
4,
paragraph
d,
Code
5
2023,
is
amended
to
read
as
follows:
6
d.
Other
information
as
directed
by
the
board
department
.
7
Sec.
43.
Section
514I.6,
subsection
5,
Code
2023,
is
amended
8
to
read
as
follows:
9
5.
Submit
a
plan
for
a
health
improvement
program
to
the
10
department
,
for
approval
by
the
board
.
11
Sec.
44.
Section
514I.8,
subsection
2,
paragraph
e,
Code
12
2023,
is
amended
to
read
as
follows:
13
e.
Is
not
currently
covered
under
a
group
health
plan
as
14
defined
in
42
U.S.C.
§300gg-91(a)(1)
unless
allowed
by
rule
of
15
the
board
department
.
16
Sec.
45.
Section
514I.8,
subsection
3,
Code
2023,
is
amended
17
to
read
as
follows:
18
3.
In
accordance
with
the
rules
adopted
by
the
board
19
department
,
a
child
may
be
determined
to
be
presumptively
20
eligible
for
the
program
pending
a
final
eligibility
21
determination.
Following
final
determination
of
eligibility,
22
a
child
shall
be
eligible
for
a
twelve-month
period.
At
the
23
end
of
the
twelve-month
period,
a
review
of
the
circumstances
24
of
the
child’s
family
shall
be
conducted
to
establish
25
eligibility
and
cost
sharing
for
the
subsequent
twelve-month
26
period.
Pending
such
review
of
the
circumstances
of
the
27
child’s
family,
the
child
shall
continue
to
be
eligible
for
28
and
remain
enrolled
in
the
same
plan
if
the
family
complies
29
with
requirements
to
provide
information
and
verification
of
30
income,
otherwise
cooperates
in
the
annual
review
process,
31
and
submits
the
completed
review
form
and
any
information
32
necessary
to
establish
continued
eligibility
in
a
timely
manner
33
in
accordance
with
administrative
rules.
34
Sec.
46.
Section
514I.9,
subsection
1,
Code
2023,
is
amended
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566
to
read
as
follows:
1
1.
The
hawk-i
board
department
shall
review
the
benefits
2
package
annually
and
shall
determine
additions
to
or
deletions
3
from
the
benefits
package
offered.
The
hawk-i
board
department
4
shall
submit
the
recommendations
to
the
general
assembly
for
5
any
amendment
to
the
benefits
package.
6
Sec.
47.
REPEAL.
Section
514.5,
Code
2023,
is
repealed.
7
INTERAGENCY
COORDINATING
COUNCIL
——
REPEAL
8
Sec.
48.
REPEAL.
Section
691.6B,
Code
2023,
is
repealed.
9
IOWA
CHILD
DEATH
REVIEW
TEAM
10
Sec.
49.
Section
135.43,
subsection
2,
paragraphs
m
and
n,
11
Code
2023,
are
amended
by
striking
the
paragraphs.
12
LEADERSHIP
COUNCIL
FOR
CHILD
CARE
TRAINING
AND
DEVELOPMENT
——
13
REPEAL
14
Sec.
50.
REPEAL.
Section
237A.23,
Code
2023,
is
repealed.
15
EARLY
HEARING
DETECTION
AND
INTERVENTION
ADVISORY
COMMITTEE
16
Sec.
51.
EARLY
HEARING
DETECTION
AND
INTERVENTION
ADVISORY
17
COMMITTEE.
The
department
of
health
and
human
services
18
shall
adopt
rules
pursuant
to
chapter
17A
to
provide
that
the
19
membership
of
the
early
hearing
detection
and
intervention
20
advisory
committee
shall
be
limited
to
no
more
than
thirteen
21
members,
and
that
the
committee
shall
meet
no
more
than
two
22
times
per
year.
23
MATERNAL
AND
CHILD
HEALTH
ADVISORY
COUNCIL
24
Sec.
52.
MATERNAL
AND
CHILD
HEALTH
ADVISORY
COUNCIL.
The
25
department
of
health
and
human
services
shall
adopt
rules
26
pursuant
to
chapter
17A
to
provide
that
the
membership
of
the
27
maternal
and
child
health
advisory
council
be
limited
to
a
28
total
of
no
more
than
fifteen
members,
which
shall
not
include
29
discretionary
members
or
members
of
the
general
assembly,
and
30
that
the
council
shall
meet
not
more
than
four
times
per
year.
31
COUNCIL
ON
HEALTH
AND
HUMAN
SERVICES
32
Sec.
53.
Section
217.4,
Code
2023,
is
amended
to
read
as
33
follows:
34
217.4
Meetings
of
council.
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The
council
shall
meet
at
least
monthly
every
other
month
.
1
Additional
meetings
shall
be
called
by
the
chairperson
or
2
upon
written
request
of
any
three
council
members
thereof
3
as
necessary
to
carry
out
the
duties
of
the
council.
The
4
chairperson
shall
preside
at
all
meetings
or
in
the
absence
5
of
the
chairperson
the
vice
chairperson
shall
preside.
The
6
members
of
the
council
shall
be
paid
a
per
diem
as
specified
in
7
section
7E.6
and
their
reasonable
and
necessary
expenses.
8
PER
DIEM
AND
REIMBURSEMENT
9
Sec.
54.
PER
DIEM
AND
REIMBURSEMENT.
Beginning
July
1,
10
2023,
notwithstanding
any
provision
to
the
contrary,
members
11
of
the
following
entities
shall
not
be
entitled
to
a
per
diem
12
as
specified
in
section
7E.6
or
reimbursement
for
actual
and
13
necessary
expenses
incurred
while
engaged
in
their
official
14
duties:
15
1.
The
center
for
congenital
and
inherited
disorders
16
advisory
committee
established
in
section
136A.3A.
17
2.
The
mental
health
and
disability
services
commission
18
created
in
section
225C.5.
19
3.
The
commission
on
aging
established
in
section
231.11.
20
4.
The
dependent
adult
abuse
protective
advisory
council
21
created
in
section
235B.1.
22
5.
The
Iowa
domestic
abuse
death
review
team
created
in
23
section
135.110.
24
6.
The
early
childhood
Iowa
state
board
created
in
section
25
256I.3.
26
7.
The
Iowa
child
death
review
team
established
in
section
27
135.43.
28
8.
The
early
hearing
detection
and
intervention
advisory
29
committee.
30
9.
The
maternal
and
child
health
advisory
council.
31
10.
The
council
on
health
and
human
services
created
in
32
section
217.2.
33
11.
The
medical
assistance
advisory
council
created
in
34
section
249A.4B.
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