Bill Text: IA HSB624 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to the elimination of certain required reports by and duties of the department of health and human services, and including effective date and retroactive applicability provisions.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2024-01-29 - Subcommittee: Jeneary, Fry and Madison. H.J. 154. [HSB624 Detail]

Download: Iowa-2023-HSB624-Introduced.html
House Study Bill 624 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HEALTH AND HUMAN SERVICES BILL) A BILL FOR An Act relating to the elimination of certain required 1 reports by and duties of the department of health and human 2 services, and including effective date and retroactive 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5352XD (10) 90 pf/ko
S.F. _____ H.F. _____ Section 1. Section 135.16A, subsection 2, paragraph b, Code 1 2024, is amended to read as follows: 2 b. If necessary to implement, administer, and enforce this 3 section , the department, in cooperation with the department 4 of agriculture and land stewardship, shall submit a request 5 to the United States department of agriculture for a waiver 6 or other exception from regulations as deemed feasible by the 7 department. The department shall regularly report the status 8 of such request to the legislative services agency. 9 Sec. 2. Section 135.181, subsection 4, Code 2024, is amended 10 by striking the subsection. 11 Sec. 3. Section 139A.26, subsection 5, Code 2024, is amended 12 to read as follows: 13 5. The department shall adopt rules for administration of 14 this section . The department shall review the requirements 15 of this section at least every five years, and shall submit 16 its recommendations for modification to, or continuation of, 17 this section based upon new information about the disease 18 or vaccination against the disease in a report that shall 19 be submitted to the general assembly no later than January 20 15, 2010, with subsequent reports developed and submitted by 21 January 15 at least every fifth year thereafter. 22 Sec. 4. Section 142A.4, subsection 12, Code 2024, is amended 23 by striking the subsection. 24 Sec. 5. Section 142A.5, subsection 8, Code 2024, is amended 25 to read as follows: 26 8. Provide necessary information to the commission to 27 assist the commission in making its annual report to the joint 28 appropriations subcommittee pursuant to section 142A.4 , and in 29 fulfilling other commission the commission’s duties pursuant 30 to section 142A.4 . 31 Sec. 6. Section 225C.7A, subsection 8, paragraph i, Code 32 2024, is amended by striking the paragraph. 33 Sec. 7. Section 225C.36, Code 2024, is amended to read as 34 follows: 35 -1- LSB 5352XD (10) 90 pf/ko 1/ 10
S.F. _____ H.F. _____ 225C.36 Family support subsidy program. 1 A family support subsidy program is created as specified in 2 this subchapter . The purpose of the family support subsidy 3 program is to keep families together by defraying some of the 4 special costs of caring for a family member at home. The 5 department shall adopt rules to implement the purposes of this 6 section and sections 225C.37 through 225C.42 225C.41 which 7 assure that families retain the greatest possible flexibility 8 in determining appropriate use of the subsidy. 9 Sec. 8. Section 225D.2, subsection 5, paragraph d, Code 10 2024, is amended by striking the paragraph. 11 Sec. 9. Section 231E.4, subsection 3, paragraph h, Code 12 2024, is amended to read as follows: 13 h. Maintain statistical data on the local offices including 14 various methods of funding, the types of services provided, and 15 the demographics of the wards and clients , and report to the 16 general assembly on or before November 1, annually, regarding 17 the local offices and recommend any appropriate legislative 18 action . 19 Sec. 10. Section 235A.23, Code 2024, is amended to read as 20 follows: 21 235A.23 Reports. 22 1. The department may compile statistics, conduct research, 23 and issue reports on child abuse, provided identifying details 24 of the subject of child abuse reports are deleted from any 25 report issued. 26 2. The department shall issue an annual report on its 27 administrative operation, including information as to the 28 number of requests for child abuse data, the proportion of 29 requests attributable to each type of authorized access, the 30 frequency and nature of irregularities, and other pertinent 31 matters. 32 Sec. 11. Section 235B.13, Code 2024, is amended to read as 33 follows: 34 235B.13 Registry reports. 35 -2- LSB 5352XD (10) 90 pf/ko 2/ 10
S.F. _____ H.F. _____ 1. The registry may compile statistics, conduct research, 1 and issue reports on dependent adult abuse, provided 2 identifying details of the subjects of dependent adult abuse 3 reports are deleted from any report issued. 4 2. The registry shall issue an annual report on its 5 administrative operation, including information as to the 6 number of requests for dependent adult abuse data, the 7 proportion of requests attributable to each type of authorized 8 access, the frequency and nature of irregularities, and other 9 pertinent matters. 10 Sec. 12. Section 249A.4, subsection 1, Code 2024, is amended 11 to read as follows: 12 1. Determine the greatest amount, duration, and scope 13 of assistance which may be provided, and the broadest range 14 of eligible individuals to whom assistance may effectively 15 be provided, under this chapter within the limitations of 16 available funds. In so doing, the director shall at least 17 every six months evaluate the scope of the program currently 18 being provided under this chapter , project the probable cost 19 of continuing a like program, and compare the probable cost 20 with the remaining balance of the state appropriation made for 21 payment of assistance under this chapter during the current 22 appropriation period. After each evaluation of the scope of 23 the program, the director shall report to the general assembly 24 through the legislative council or in another manner as the 25 general assembly may by resolution direct. 26 Sec. 13. Section 249A.24, subsection 4, Code 2024, is 27 amended by striking the subsection. 28 Sec. 14. Section 514I.5, subsection 6, paragraphs f and j, 29 Code 2024, are amended by striking the paragraphs. 30 Sec. 15. 2013 Iowa Acts, chapter 138, section 52, is amended 31 to read as follows: 32 SEC. 52. PILOT PROJECT —— GUARDIANSHIP AND CONSERVATORSHIP 33 MONITORING. The department on aging of health and human 34 services shall collaborate with the national health law and 35 -3- LSB 5352XD (10) 90 pf/ko 3/ 10
S.F. _____ H.F. _____ policy resource center at the university of Iowa college of 1 law to establish a three-year pilot project to train, recruit, 2 and oversee volunteers to assist the courts in monitoring 3 guardianships and conservatorships and to provide assistance 4 to guardians and conservators. The pilot project shall be 5 implemented initially in the sixth judicial district. The 6 pilot project shall be utilized to establish a basis for 7 an ongoing guardianship and conservatorship monitoring and 8 assistance program administered through the department on 9 aging of health and human services . The department on aging 10 shall submit an annual report to the individuals identified 11 in this Act for submission of reports. The annual report 12 shall include the objectives and results for the pilot project 13 year, how the funds allocated were utilized in meeting the 14 pilot project’s objectives, the number of individuals served, 15 the types of services provided, any other sources of funding 16 utilized or identified as available for the pilot project, and 17 the continuing needs of the pilot project. 18 Sec. 16. 2019 Iowa Acts, chapter 85, section 98, subsection 19 5, is amended by striking the subsection. 20 Sec. 17. REPEAL. Sections 142C.17, 217.21, 225C.42, and 21 225C.69, Code 2024, are repealed. 22 Sec. 18. PUBLIC AVAILABILITY OF INFORMATION AND DATA FROM 23 ELIMINATED REQUIRED REPORTING. Information and data otherwise 24 required by the reporting requirements eliminated under this 25 Act relating to federal nutrition program egg sales, the 26 board-certified behavior analyst and board-certified assistant 27 behavior analyst grants program and fund, meningococcal disease 28 vaccination information for postsecondary students, tobacco 29 use prevention and control, the condition of the mental health 30 and disability services region incentive fund, the autism 31 support program, the state office of public guardian, the 32 child abuse registry, the dependent adult abuse registry, 33 evaluation of Medicaid program funding and eligibility, the 34 drug utilization review commission’s review of drugs on the 35 -4- LSB 5352XD (10) 90 pf/ko 4/ 10
S.F. _____ H.F. _____ prior authorization list, the Hawki program, the guardianship 1 and conservatorship pilot project, nonpublic entity receipt of 2 family planning services’ funds, anatomical gifts, the annual 3 program expenditures review of the director of health and 4 human services, the evaluation of the family support subsidy 5 program, and the implementation and availability of core 6 services in each mental health and disability services region 7 shall continue to be publicly available through modernized, 8 interactive displays found on the department of health and 9 human services’ internet site or upon request. 10 Sec. 19. EFFECTIVE DATE. This Act, being deemed of 11 immediate importance, takes effect upon enactment. 12 Sec. 20. RETROACTIVE APPLICABILITY. This Act applies 13 retroactively to reports due on or after January 1, 2024. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill makes changes to the reporting requirements for 18 the department of health and human services (HHS). 19 The bill amends Code section 135.16A(2)(b) relating to 20 vendors participating in federal nutrition program egg sales, 21 by eliminating the requirement that HHS regularly report the 22 status of any request to the United States department of 23 agriculture for a waiver or other exception from regulations as 24 deemed feasible by HHS to the legislative services agency. 25 The bill amends Code section 135.181(4) by striking the 26 subsection which requires HHS to submit an annual report to 27 the governor and the general assembly no later than January 1, 28 based on the immediately preceding fiscal year, relating to the 29 board-certified behavior analyst and board-certified assistant 30 behavior analyst grants program and fund, including the number 31 of applications received, the number of applications approved 32 and the total amount of funding awarded in grants, the cost of 33 administering the program, and recommendations for any changes 34 to the program. 35 -5- LSB 5352XD (10) 90 pf/ko 5/ 10
S.F. _____ H.F. _____ The bill amends Code section 139A.26(5) relating to 1 meningococcal disease vaccination information for postsecondary 2 students. The bill retains the portion of the subsection 3 requiring HHS to adopt administrative rules to administer the 4 Code section, but eliminates the requirement that HHS review 5 the requirements of the Code section at least every five years 6 and submit recommendations for modification or continuation 7 of the section based on new information about the disease or 8 vaccination against the disease in a report to the general 9 assembly no later than January 15, 2010, with subsequent 10 reports developed and submitted by January 15 at least every 11 fifth year thereafter. 12 The bill amends Code section 142A.4(12) by striking the 13 subsection which requires the tobacco use prevention and 14 control commission to submit an annual report to the governor 15 and the general assembly regarding the comprehensive tobacco 16 use prevention and control initiative, including demonstrated 17 progress based on performance indicators; and to report 18 more frequently if requested by the joint appropriations 19 subcommittee that makes recommendations concerning the 20 commission’s budget. 21 The bill makes a conforming change to Code section 142A.5(8) 22 due to the elimination of the requirement of an annual report 23 under Code section 142A.4(12). 24 The bill amends Code section 225C.7A(8)(i) by striking the 25 paragraph that requires HHS, on or before March 1 and September 26 1 of each fiscal year, to provide the governor’s office and 27 the general assembly with a report of the financial condition 28 of the mental health and disability services region incentive 29 fund, which includes an itemization of the funding source’s 30 balances, types and amount of revenues credited, and payees 31 and payment amounts for the expenditures made from the funding 32 source during the reporting period. 33 The bill makes a conforming change in Code section 225C.36 34 due to the repeal of Code section 225C.42. 35 -6- LSB 5352XD (10) 90 pf/ko 6/ 10
S.F. _____ H.F. _____ The bill amends Code section 225D.2(5)(d), relating to the 1 autism support program and fund, by striking the paragraph 2 which requires HHS to submit an annual report to the governor 3 and the general assembly no later than January 1, based on the 4 immediately preceding fiscal year, that includes the total 5 number of applications received under the program, the number 6 of applications approved and the total amount of funding 7 expended for reimbursements under the program, the cost of 8 administering the program, the number of eligible individuals 9 on a waiting list, if any, the amount of funding necessary to 10 reduce the existing waiting list, and recommendations for any 11 changes to the program. 12 The bill amends Code section 231E.4(3)(h), relating to the 13 state office of public guardian, by amending the paragraph to 14 still require that the state office maintain statistical data 15 on the local offices including various methods of funding, the 16 types of services provided, and the demographics of the wards 17 and clients, but eliminating the requirement that this data be 18 reported to the general assembly annually regarding the local 19 offices and recommending any appropriate legislative action. 20 The bill amends Code section 235A.23(2) by striking 21 the subsection which requires HHS to issue an annual 22 report relating to the child abuse registry including its 23 administrative operation, information as to the number of 24 requests for child abuse data, the proportion of requests 25 attributable to each type of authorized access, the frequency 26 and nature of irregularities, and other pertinent matters. 27 The bill amends Code section 235B.13(2) by striking the 28 subsection which required the dependent adult abuse registry 29 to issue an annual report on its administrative operation, 30 including information on the number of requests for dependent 31 adult abuse data, the proportion of requests attributable to 32 each type of authorized access, the frequency and nature of 33 irregularities, and other pertinent matters. 34 The bill amends Code section 249A.4(1), relating to the 35 -7- LSB 5352XD (10) 90 pf/ko 7/ 10
S.F. _____ H.F. _____ duties of the director of HHS, to eliminate the requirement 1 that in determining the greatest amount, duration, and scope 2 of assistance and the broadest range of eligible individuals 3 to whom assistance may be provided under the Medicaid chapter 4 within available funds, the director be required to evaluate 5 the scope of the current program at least every six months, 6 project the probable cost of continuing a like program, compare 7 the probable cost with the remaining balance of the state 8 appropriation for the current appropriation period, and report 9 to the general assembly through the legislative council or 10 in another manner as the general assembly may by resolution 11 direct. 12 The bill amends Code section 249A.24(4), by striking the 13 subsection that requires the Iowa medical assistance drug 14 utilization review commission to submit an annual review of 15 the drugs on the HHS’s prior authorization list to HHS and 16 the members of the general assembly’s joint appropriations 17 subcommittee on health and human services. 18 The bill amends Code section 514I.5(6)(f) and (j) 19 relating to the Hawki board by eliminating the duty of the 20 board prepare and submit an annual report to the governor, 21 the general assembly, and the council on health and human 22 services concerning the board’s activities, findings, and 23 recommendations; and the duty of the Hawki board to establish 24 an advisory committee to make recommendations to the Hawki 25 board and to the general assembly annually concerning the 26 provision of health insurance coverage to children with special 27 health care needs. 28 The bill amends 2013 Iowa Acts, chapter 138, section 52, 29 relating to the guardianship and conservatorship pilot project 30 by eliminating the requirement that the department on aging 31 (now HHS) submit an annual report to the chairpersons and 32 ranking members of the joint appropriations subcommittee on 33 health and human services, the legislative services agency, 34 and the legislative caucus staffs. The portion of the section 35 -8- LSB 5352XD (10) 90 pf/ko 8/ 10
S.F. _____ H.F. _____ relating to the pilot project’s development and implementation 1 is retained and amended to reflect the realignment of the 2 department on aging into HHS. 3 The bill amends 2019 Iowa Acts, chapter 85, section 98, 4 subsection 5, relating to distribution of federal funds for 5 family planning by striking the subsection which required the 6 director of public health to submit a report to the governor 7 and the general assembly, annually by January 1, listing any 8 nonpublic entities that provide family planning services but 9 do not provide required primary health services that received 10 funds, and the amount and type of funds received by such 11 entities during the preceding calendar year, as well as a 12 detailed explanation of how the department determined that 13 distribution of funds to such an entity, instead of to certain 14 other entities was necessary to prevent severe limitation or 15 elimination of access to family planning services in the region 16 of the state where the entity is located. 17 The bill repeals Code section 142C.17 (annual donation 18 and compliance report), relating to anatomical gifts, 19 which requires HHS, in conjunction with any statewide organ 20 procurement organization in Iowa, to prepare and submit a 21 report to the general assembly on or before January 1 regarding 22 organ donation rates and voluntary compliance efforts with 23 hospital organ and tissue donation protocols by physicians, 24 hospitals, and other health systems organizations, including 25 certain prescribed information. 26 The bill repeals Code section 217.21 (annual report) which 27 requires HHS to make an annual report to the governor and 28 general assembly, covering the prior fiscal year, that includes 29 an itemized statement of HHS’s expenditures concerning each 30 program under HHS’s administration, adequate and complete 31 statistical reports for the state as a whole concerning all 32 payments made under HHS’s administration, recommendations as 33 to changes in laws under HHS’s administration as the director 34 may deem necessary, observations and recommendations of the 35 -9- LSB 5352XD (10) 90 pf/ko 9/ 10
S.F. _____ H.F. _____ director and the council on health and human services relative 1 to HHS programs, and such other information as the director 2 or council deems advisable, or which may be requested by the 3 governor or by the general assembly. 4 The bill repeals Code section 225C.42 (annual evaluation of 5 program), which requires HHS to conduct an annual evaluation of 6 the family support subsidy program and submit the evaluation 7 report with recommendations to the governor and general 8 assembly, on or before October 30 for the latest completed 9 fiscal year. 10 The bill repeals Code section 225C.69 (annual reports), 11 which requires HHS to annually deliver a report to the general 12 assembly providing a summary of the status of implementing core 13 services in each mental health and disability services region, 14 the accessibility of core services in each region, how each 15 region is using regional services funding, and recommendations 16 for improvements to the mental health and disability services 17 system. 18 The bill also provides that information and data otherwise 19 required by the reporting requirements eliminated under 20 the bill shall continue to be publicly available through 21 modernized, interactive displays found on the HHS internet site 22 or upon request. 23 The bill takes effect upon enactment and applies 24 retroactively to reports due on or after January 1, 2024. 25 -10- LSB 5352XD (10) 90 pf/ko 10/ 10
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