Bill Text: IA SSB3123 | 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.(See SF 2285.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-07 - Committee report approving bill, renumbered as SF 2285. [SSB3123 Detail]
Download: Iowa-2023-SSB3123-Introduced.html
Senate
Study
Bill
3123
-
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:
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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:
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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.
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