Some years, the Iowa legislative session is like a sprint, and other years it's more like a marathon. This year, legislators promised it would be a mad dash to the finishing line. In the end, it was like sprinting in a marathon. Legislators worked hard and fast all session long to solve problems and work out differences. They had hoped to end session sometime before the 100-day deadline, some even hoping for the end of March.
As the 100-day deadline approached, it became clear to legislative leaders that there were still too many issues dividing the Republican-controlled House, Democratic-controlled Senate, and the Governor. By the end of April, nearly all budget bills were still being negotiated, priority policy bills were still unfinished, and the final "one-time spending bill" had not yet seen the light of day. The Legislature finally wrapped up work on the 110th day of session, ten days after legislators stopped being paid for their work.
The 2014 Iowa Legislative Session unofficially ended when the House of Representatives adjourned sine die (without date) at 5:54 AM on Thursday, May 1. Unofficially, because the Senate followed suit 27 hours later, adjourning at 8:50 AM on Friday morning. The Senate added a day in order to pass a resolution that gives the Government Oversight Committee the ability to subpoena witnesses in the ongoing investigation of the Department of Administrative Services' negotiations of confidential personnel settlements, and the Department of Workforce Development's influence over Administrative Law Judges to compel them to rule in favor of businesses in unemployment compensation cases. The Government Oversight Committee is one of the few legislative committees that has the ability to meet throughout the year.
To end session, both chambers had to push their work through the night, requiring the House to take action just before midnight to waive a rule that forbids voting after midnight. This rule was put in place by House leaders years ago because they thought mistakes were made during late night debate. And to prove that point, one legislator accidentally ran an amendment to a bill in the early morning hours, and before he realized his mistake, the bill had been messaged to the Senate. No chance for a do-over, so the bill had to be sent to conference committee, which was really more like a middle-of-the-rotunda huddle at 3:30 AM. The bill was fixed, but it slowed the process down.
The very last bills to make it to the finish line included the Standing Appropriations bill, a spending bill that contains debt reduction and one-time funding, a bill decriminalizing use of cannabidiol for a small group of epileptic sufferers, a bill modernizing HIV laws, a bill establishing a new motorsports recreational vehicle classification, and three other budget bills that were caught up in the final trade-offs.
The Governor now has 30 days to take action on all legislation passed by the Legislature in the final days of the session. His choices are to sign a bill into law or to veto a bill. However, in the case of spending bills, the Governor can veto parts of a bill (called a line-item veto). The Governor cannot change a dollar amount for a program or selectively veto words.
This year's later-than-anticipated finish leaves legislators facing primary elections just a month to knock on doors and talk to voters before the June 3, 2014 primary. After those primaries, the run-up to the November election promises to be exciting. The 2014 November election will feature an open U.S. Senate race and two open U.S. House races, something that hasn't happened in Iowa in over a generation. Excitement generated from those races as well as the contested Governor's race could have a dramatic effect on the legislative races down the ballot. This year's 26-24 Democratic Senate and 53-47 Republican House could very well change hands, depending on who turns out on Election Day.
Remember to vote in your primary election on June 3, 2014! Click here for more information.
Iowa's mental health and disability services (MH/DS) system has been a work in progress for nearly two decades. Over the last two years, the Iowa Legislature made some very important changes to the way non-Medicaid services are delivered. Those changes move Iowa toward a more uniform regional system that will be fully operational on July 1, 2014. Regions will all be required to have a set of basic "core services" that are available to Iowans with intellectual disabilities and mental illness. Regions will also be encouraged to begin developing "core plus" services like jail diversion and crisis stabilization, as funds are available.
While previous redesign legislation made a lot of changes, they were not all permanent changes. State funding for the system was only in place until June 30, 2015. Local funding (property taxes) was only allowed through June 30, 2016. Regions are expected to meet (and pay for) new core service requirements when they begin operating on July 1, 2014 - yet they are expected to return some of their state dollars just a few months into the year if they saved money because of people enrolling in the Iowa Health and Wellness Plan.
So legislators knew that the MH/DS redesign was incomplete when they started the legislative session. The biggest challenge was figuring out how to calculate the "savings" counties might see from people signing up for health insurance through the Iowa Health and Wellness Plan, which was developed after Congress passed and the President signed the Affordable Care Act. Legislators didn't say how to calculate this savings, which has been called both the "Medicaid offset" and the "clawback." The Department of Human Services and counties could not come to an agreement on that calculation either.
Counties wanted to get rid of the offset entirely, saying it was too early to know how much money they needed to operate their new regional systems and offer the full array of core services. DHS wanted to calculate the "savings" by looking at the costs picked up by Medicaid for any person that would have been eligible for regional services, whether or not they were reveiving services previously paid for by the county or providers included in the county's network. This was the dilemma legislators faced this year.
Now for the good news! Legislators were able to find common ground in the final weeks of session. A small group of legislators worked out the details of a compromise that will provide regions with greater financial stability for the next two years. This will give regions time to determine how much money is needed to provide core services, core plus services, and services to other populations (i.e. people with brain injuries and people with developmental disabilities other than intellectual disabilties), and it will give legislators time to decide if the current way of funding the system is the best way. Here are the details:
Coming to this agreement on redesign was not an easy task, and it took legislators all session to make it happen. A small group of legislators has invested a tremendous amount of time and energy into finding a way to fund a system that improves the lives of the people it serves. These dedicated legislators include: Senators Amanda Ragan, Joe Bolkcom, and Jack Hatch; and Representatives Linda Miller, Dave Heaton, Joel Fry, and Lisa Heddens.
By law, Iowa legislators can spend 99% of the money it collects in taxes for the year. But this year a group of legislators agreed not to spend more than $7 billion, even though that meant spending less than allowed. In order to pass a budget, legislators agreed to spend only 91% of the money available ($6.97 billion). While the state will have nearly $2 billion in its savings account by the end of next year, some legislators (and the Govenror) did not want to spend that money and say those funds are needed to pay for the property tax and educational reforms passed last year.
Legislators agreed to spend another $139.8 million to pay off some of the state's debt ($60 million) and fund one-time projects that include building renovations at state universities and electronic medical records for substance use treatment providers and community mental health centers. The biggest challenge to the state's Health and Human Services Budget this year was a change in the federal match rate for Medicaid, something the state cannot control. Because Iowa's economy has been better than other states, the Medicaid match rate went down, so Iowa must come up with more money to pay for Medicaid services. This year, that meant an addiional $35 million was needed just to provide the same level of service.
While legislators were able to find $6 million to provide services to people on the HCBS waiver waiting lists, Iowa's Medicaid program did not get the $30 million it needs to make it through the final two months of this fiscal year (May and June 2014). Here is more detail about the budget passed:
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Lawmakers have spent a lot of time over the last two years trying to find ways to prevent bullying in schools, and by students using social media. The Govenror has sponsored two conferences on the topic and proposed major legisltation that would require schools to take action whether or not the bullying happens on school grounds and during the school day. Despite all the talk, the Legislature left town without addressing this issue. No legislation was passed, and advocates say the problem is not going to go away (and ignoring it may make it worse).
The Governor also asked the Legislature to look for ways to encourage companies to provide broadband (high-speed) Internet to rural areas of the state. It was another issue with lots of talk, but no action in the end. In a surprising twist, early in the morning on the final day of session, Iowa lawmakers passed a bill that decriminializes the use of Cannabidiol (oil derived from marijuana/cannabis) for patients who have seizure disorders that are not well-controlled by other medications. To be immune from criminal penalties for possession, the person must be diagnosed with intractable epilepsy by an Iowa-licensed neurologist, obtain a card from the Department of Public Health, and keep only 32 ounces of the product on hand. Iowans are not able to sell this product, so people will have to travel to one of the 20 states that have legalized it, and transport it back (a federal crime). Cannabidiol is different from the marijuana people smoke - it has low THC (less than 3%) and therefore won't make the person high when used. While cannabidiol is inhaled, it is not smoked. People use a vaporizer to inhale it. The Governor said earlier in the year he would consider signing the bill, but has recently said he's not sure.
Below is a list of bills that passed the Legislature this year - and their current status. Remember to let the Governor know if you want these bills signed (or vetoed). You can see a full list of related bills in our Bill Tracker. You can also see all bills passed by the Legislature here.
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HF 2159 - Miller Trusts - Miller Trusts are income sheltering agreements that allow otherwise income-ineligible Medicaid applicants to qualify for Medicaid. This raises income thresholds from 100% to 125% (allowing people to have more income and still qualify for Medicaid covered services). Effective 7/1/2014 and applicable to trusts in existence on or after that date. Signed
HF 2379 - Crisis Stabilization Regulation - Direct DHS to write rules for crisis stabilization programs, and exempts these programs from regulation by the Department of Inspections and Appeals (DIA). This ensures the programs are not required to be licensed as hospitals, health care facilities, sub acute mental health care facilities or assisted living programs. Clarifies that the MH/DS Commission will approve the rules, and gives programs that have national accreditation to have deemed status (so they do not have to meet the additional criteria set out by the state). Effective 7/1/2014. Signed.
HF 2450 - Justice Systems Budget - Appropriates $556.9 million to the Attorney General's Office, Department of Public Safety, Department of Corrections, and other justice-related programs. This is $6.9 million above the Governor's level, and $9.1 million above current spending. Most of this increase is directed at funding more state troopers and state trooper salaries that were not funded last year ($5 million) and Community-Based Corrections ($4 million). Requires the State Patrol and Department of Public Safety to implement the Endangered Persons Alert System, which issues alerts when a person with a cognitive disorder goes missing. Cuts the Civil Rights Commission by $130,000. Sent to Governor.
HF 2463 - Health/Human Services Budget - Appropriates $1.9 billion for public health, Medicaid, child welfare, and other human services programs and services. This is an increase of $107.4 million over current funding levels but $950,000 less than the Governor's recommendation. Adds $6 million to take people off HCBS waiver waiting lists, increases regional MH/DS funding to $30.1 million, and adds $250,000 for a mental health advocate division See specifics above, or go to the Bill Tracker for more detail. Sent to Governor.
HF 2468 - Adoption Tax Credit - Allows individuals/families who adopt a child to get a $2,500 state tax credit to offset actual expenses related to the adoption. Doubles that credit ($5,000) for individuals/families who adopt a child with special needs. Applies retroactively to January 1, 2014. Sent to Governor.
HF 2473 - Standings Budget - Spends $18.3 million less than the current year on various appropriations that are required by state law. This is a "catch all" bill that ends up being a vehicle for a variety of appropriations and policy changes that were left out of other bills. Adds $250,000 for awards to each Area Agencies on Aging for congregate meals and home-delivered meals to address food insecurity among older Iowans. Reduces AEA funding by $15 million. Sent to Governor.
SF 366 - Radon Testing/Schools - Requires the Department of Education to notify each school district and accredited nonpublic school about the risks associated with radon at attendance centers. Such notification shall include information on radon testing and mitigation, including relevant statistical data and information on sources of funding available for radon testing and mitigation, and shall encourage school districts and accredited nonpublic schools to implement a radon testing and mitigation plan. By December 1, 2014, each school district and accredited nonpublic school must tell the Department if they have a radon testing and mitigation plan and whether any testing/mitigation has taken place. School districts or accredited nonpublic school that do not have a radon testing and mitigation plan in place as of December 1, 2014, shall also notify the Department of any plans the district or school has to implement a radon testing and mitigation plan in the future. The Department is to report back on this information to the Legislature by January 1, 2015. Effective 7/1/2014. Signed.
SF 2080 - Iowa Information Program for Drug Prescribing and Dispensing - Allows information in the Iowa Prescription Monitoring Program to be exchanged with border state systems or the Kansas system. Effective 7/1/2014. Signed.
SF 2130 - Transportation Budget - Appropriates funds from the Road Use Tax Fund ($358.2 million) to fund transportation programs, services, maintenance and construction. Sent to Governor.
SF 2168 - Uniform Power of Attorney - Creates the Iowa Uniform Power of Attorney Act to outline the powers of a person designated to manage another’s personal property. Includes penalties for abuse of this power and applies to all powers of attorney other than a durable power of attorney for health care, a voting proxy, a power created on a governmental form for a governmental purpose, and a power coupled with an interest of the agent such as a creditor’s right to protect title in pledged collateral. The bill specifies details on durability, execution, validity, meaning and effect, termination, liability, and reimbursement and compensation. The bill allows for appointments of conservators and guardians to have power of attorney. Effective 7/1/2014, applicable to powers of attorney created before, on, or after that date. Applies to judicial proceedings on or after the effective date. Signed.
SF 2193 - Adult Day Service Programs - Allows adult day service programs to serve clients that are more difficult and currently prohibited from being served by adult day services providers. The program may not knowingly admit or retain persons who are under the age of 18, require three-person assistance, or pose a danger to that participant, other participants or the staff. No additional regulatory oversight is added. Effective 7/1/2014. Signed.
SF 2296 - MH Treatment Costs/Chapter 812 Commitments - Clarifies that the state is responsible for paying the costs of commitments under Chapter 812 (not competent to stand trial). The bill makes the Department of Human Services responsible for the costs associated with commitments to state Mental Health Institutes, and makes the Department of Corrections responsible for the costs associated with commitments to Oakdale Medical Classification Center or other appropriate facility. Currently the law does not state who is responsible for this payment, but counties have been disputing these bills (and winning). Effective 7/1/2014. Signed.
SF 2319 - Dyslexia Definition/Literacy Skills - Requires the Iowa Reading Resource Center to collaborate and coordinate with AEAs to develop and offer school districts professional development opportunities to enhance the skills of elementary teachers in use of evidence-based strategies to improve all students' literacy skills. Assistance is to include strategies to formally address dyslexia, and defines "dyslexia" as "a specific and significant impairment in the development of reading, including but not limited to phonemic awareness, phonics, fluency, vocabulary, and comprehension, that is not solely accounted for by intellectual disability, sensory disability or impairment, or lack of appropriate instruction." Effective 7/1/14. Signed.
SF 2320 - Consumer-Directed Attendant Care - Allows two different types of self-directed care - Consumer Choices Option (CCO) and Consumer Directed Attendant Care (CDAC). Beginning July 1, 2016 DHS may require CDAC providers to be affiliated with an agency, but allows individual CDAC providers to continue if under contract before July 1, 2016. After that date, people with disabilities would have the choice of an agency-based CDAC provider or a CCO provider. CCO allows people to self-direct care from individual (non-agency affiliated) providers. Permits a guardian to also act as CDAC or CCO provider, but adds safeguards for CDAC providers that beginning July 1, 2016 are acting as both provider and legal guardian (payment rate is fair and reasonable for skill level, which cannot exceed statewide median level unless DHS approves; limits payment to 40 hours per week; agreement includes contingency plan for service provision in the event of provider illness or injury). Directs DHS to amend HCBS waivers to replace agency-provided consumer-directed attendant care services with personal care services. Effective 4/3/14 and retroactive to 12/1/13. Signed.
SF 2342 - Administration/Regulation Budget - Appropriates $51.8 million for various state government operations, which is the same as current budget levels but is $164,000 under the Governor's recommendations. Maintains level funding for the Secretary of State ($2.9 million) and the Department of Human Rights' Community Advocacy and Services Division ($1,028,077) which includes the Commissions on the Status of African Americans. Status of Asians and Pacific Islanders, Status of Women, Status of Native Americans, Latino Affairs, Persons with Disabilities, and Deaf Services. Sent to Governor.
SF 2347 - Education Budget - Appropriates $986.1 million for the Department of the Blind, Department of Education, College Student Aid Commission, and the Board of Regents (an increase of $87.2 million over current year and an increase of $34.1 million over the Governor's recommended level). Adds $50,000 for state funding to public libraries ($2,574,228). Increases funding for independent living programs in the Department for the Blind by $250,000. Adds $775,000 for additional client services in Vocational Rehabilitation, $50,000 for independent living services at Vocational Rehabilitation, and $50,000 for Centers for Independent Living. No change in funding for the Entrepreneurs with Disabilities Program ($145,535), Increases funding by 4% to the Iowa School for the Deaf ($361,000) and Iowa Braille & Sight Saving School ($151,000). Requires the Department of Education to submit a written report to the Legislature (by 1/15/15) detailing the department's anti-bullying programming and current and projected expenditures for such programming for the fiscal year. Adds new language that requires Area Education Agency (AEA) boards and all employees providing services to a school to have background investigations prior to employment (to include Iowa Court Information System, the Sex Offender Registry, Child Abuse Registry, and Dependent Adult Registry). Sent to Governor.
SF 2349 - Infrastructure Budget - Appropriates nearly $100 million in gambling funds for various infrastructure and technology projects in the fiscal year that begins July 1, 2014 (FY15) and additional funds for the fiscal year that begins July 1, 2015 (FY16). Adds new appropriations for rural YMCA infrastructure ($500,000), Iowa Homeless Youth Shelter infrastructure ($250,000), inpatient/outpatient building at Broadlawns Hospital in Polk County ($2 million in FY15 and $3 million in FY16), nursing home facility renovations ($500,000 - last year Governor vetoed $250,000 appropriation), Homestead Autism Project to expand Altoona clinic and to a new site yet to be selected ($825,000), renovations to the New Hope Center in Carroll County ($250,000), Good Earth State Park at Blood Run ($2 million), and Iowa Park Foundation to promote parks in Iowa ($2 million). Doubles funding for recreational trails ($6 million). Maintains current funding for Camp Sunnyside Adult Day Program Building Renovations ($250,000) and Public Transit Grants ($1.5 million). Directs the Department of Transportation to study administrative needs, projected demand, necessary capital and operating costs, and public transit service structures including park-and-ride lots, employer or public van pool programs, and traditional fixed-route transit (report due 12/15/14. Sent to Governor.
SF 2352 - Disabled Veteran Property Tax Credit - Currently, veterans that have service-related disabilities can receive a property tax credit equal to the entire amount of the tax levied on the home (if it was purchased through special veterans assistance programs). This bill expands this to include veterans that served in the National Guard of any state who otherwise meets the service requirements for Iowa National Guard members with a service-connected disability rating of 100%. Strikes the maximum income limitation qualifications for the credit. Effective upon enactment.. Sent to Governor.
SF 2360 - Medical Cannabidiol Act - Allows a person to knowingly or intentionally recommend, possess, use, dispense, deliver, transport, or administer cannabidiol if it contains no more than 3% THC and the person has been diagnosed with a form of epilepsy that is not controlled through traditional medications. Requires an Iowa-licensed neurologist to recommend the prescription. Directs the Department of Public Health to develop rules on this and issue cards that show the person meets the requirements of this ac; only recognizes Iowa medical cannabidioil cards. Limits the amount of cannabidiol oil that can be possessed to 32 ounces. Requires the University of Iowa College of Medicine to submit a report detailing the scientific literature, studies, and clinical trials regarding the use of cannabidiol on patients diagnosed with intractable epilepsy annually beginning July 1, 2015. Effective upon enactment, and repeals on July 1, 2017. Sent to Governor.
SF 2363 - Debt Reduction Act/One-Time Funding Bill - Spends $60.5 million to pay off state debt (effective upon enactment). Spends another $79.8 million on various one-time projects: $1.24 million agricultural drainage well water quality assistance; $3.5 million for water quality initiative special projects; $1.5 million watershed improvement fund; $5 million soil and water conservation district commissioners; $2 million Low Income Home Energy Assistance Program (LIHEAP); $1.22 million for special education costs for juveniles transferred from Iowa Juvenile Home in Toledo; $100,000 to study placement options for hard-to-place persons or sex offenders needing long-term care services (RFP required to select private entity able to perform study and make recommendations); $1 million to school districts for radon testing; $800,000 for Community Mental Health Center funding for electronic health records (to DHS for up to $100,000 grants; $400,000 for a third-party entity for asset verification; $200,000 for development and initial implementation of a inpatient psychiatric bed tracking system (and working with MHDS regional administrators, Iowa Behavioral Health Association, Iowa Association of Community Providers, MHIs); and $2.8 million for Iowa Behavioral Health Association for bulk purchase of electronic health records. Sent to Governor.
SR 121 - Government Oversight/Continued Investigations - Gives the Government Oversight Committee the power to continue investigations on the handling of confidential personnel agreements by the Department of Administrative Services and the intervention of Department of Workforce Development staff in the decision-making of Administrative Law Judges (pressuring them to side with businesses in unemployment compensation hearings). The Government Oversight Committee is given the authority to subpoena witnesses, and cite them for contempt for failure to appear. Adopted.
Legislators are public servants - they serve the public for very little pay, and are away from their families for months while working at the Capitol. They work hard to get re-elected to a job that can be both incredibly frustrating and very rewarding. They get many complaints and requests, but often never hear the words "thank you." Please take time to write a note to your State Senator and State Representative. Handwritten notes are the best, but e-mails and typewritten letters are okay too (especially if your handwriting is like mine!).
You can thank them for passing something you liked during this session or something you read about in the newspaper. Or you can just simply thank them for their service to the state and to you as their contsitutent. Let them know the issues you care about, and ask them to keep you updated ths summer and let you know when they are having events in the area.
Whenever the state or federal government wants to make big changes to services, they usually ask what the public thinks about those changes before making final decisions. Right now, Iowans with disabilities, family members, and others have an opportunity to do just that. The federal Centers for Medicare and Medicaid Services (CMS) has proposed some changes that would redefine where and how Medicaid Home and Community Based Services (HCBS) can be provided.
CMS is now moving away from defining HCBS settings based on where they are and what they look like to defining them by the nature and quality of the experiences of the person receiving services. The final rule was published in January 2014 and became effective March 17, 2014. The purpose of these regulations is to ensure that individuals receive Medicaid HCBS in settings that are a part of, and support full access to the greater community. They will also ensure that members have a choice in where they live and who provides their services.
Iowa Medicaid is required to submit a transition plan to CMS with their first Waiver renewal application, which was done on March 31, 2014 as part of the renewal process for the Intellectual Disability (ID) Waiver. But before CMS approves the final transition plan, Iowa Medicaid must get public input.
ID Action is always breaking new ground - this time by sponsoring a 2014 ID Action Self-Advocacy Conference this fall in Coralville. The conference "Make Your Mark!" will be held October 1-3, 2014 at the Coralville Marriott Hotel & Conference Center.
We have all heard the expression “make your mark,” but what does it really mean? Ray Kroc made his mark when he opened his first McDonald’s restaurant and changed the way the world eats; the Wright brothers made theirs with the invention of the airplane, which changed travel forever. Jessica Elg, is making hers in the community of Spencer where she lives, volunteers, and fundraises; and Adam Reynolds is making his as an ex-officio ambassador in Des Moines’ East Village. Whatever mark you make, it means you have had an impact and something is different because you were here.
ID Action is a non-partisan project that promotes the active civic and political engagement of Iowans with disabilities—people like Adam and Jessica and their 300,000-plus peers. Our inaugural advocacy conference will provide an opportunity for Iowans with disabilities to learn and grow as advocates and agents for change.
Who Should Attend: Iowans with disabilities that want to make a difference in their community or state!
Registration Information: Registration for the conference will open June 1, 2014. Register on or before Wednesday, September 3, 2014 to receive the early bird discount. Individuals with a disability: $100 (Early Bird: $80); Direct Care Provider/Family member attending with an Individual with a disability: $100 (Early Bird: $80); Professional: $200.00 (Early Bird $175.00); Other - $200.00 (Early Bird $175.00)
You can check out disability-related bills (including budget bills) that were passed by the Legislature this year in the infoNET Bill Tracker. All status is updated. The Governor has until June 2 to sign bills into law, so we will be updating status daily as the Governor takes actions on bills. Please check back frequently or watch for updates on Facebook (like us here).
Bills that didn't pass the Legislature this year are still listed in the "Inactive" list here. If you see something you wish would have passed this year, let your legislators know and ask them to file a new bill next year for you.