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HUMAN RESOURCES – week of Feb. 17, 2014

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SF 2002 – Breast Density Task Force

SF 2066 – Medicaid Consumer Directed Care Provider Eligibility

SF 2081 – Medicaid Home and Community Based Services Exceptions to Policy

SF 2084 – State Training School for Female Juvenile Delinquents

SF 2117 – Elder Abuse

SF 2143 – Child Care Assistance Program Eligibility

SF 2144 – Healthiest Children Initiative

SF 2174 – Tanning Facility Prohibition for Minors

SF 2182 – Background Checks for Certified Nurse Aide Training Program Students

SF 2225 – Adoption Requirements

SSB 3053 – Physician Assistants and Temporary Civil Commitment

 

COMMITTEE ACTION: 

SF 2002, as amended in committee, directs the Department of Public Health to establish and facilitate a task force to discuss breast density and its relationship to cancer. Identifies membership and articulates outcomes: determine essential elements of an education tool for patients and health care professionals regarding breast density and its relationship to cancer; make recommendations to implement the education tool; develop a process to notify patients or referring health care professionals that a patient has dense breasts after medical testing; and make other findings and recommendations as appropriate. Directs the task force to submit a report of its findings to the Governor and Legislature by November 15, 2014. [2/18: short form]

 

SF 2066, as amended in committee, allows individuals who serve as a Medicaid member’s legal representative and provide services under a consumer directed attendant care (CDAC) agreement or consumer choices option (CCO) employment agreement on or after December 31, 2013, to continue providing Medicaid services via CDAC or CCO. This provision overrides rules promulgated by the Department on Human Services (DHS) during the 2013 interim. Beginning July 1, 2016, DHS may end the individual CDAC program and require new self-directed services to be provided through CDAC agency or CCO. However, providers with existing CDAC agreements in effect as of June 30, 2016, may continue to provide services under the contract (they would be “grandfathered-in”). The bill is effective upon enactment and retroactive to December 31, 2013. [2/19: short form]

 

SF 2081 directs DHS to adopt administrative rules specifying that an individual who currently receives Medicaid Home & Community Based Services via an exception to policy can continue to be eligible for and receive such services beyond the period specified in the exception to policy if, at the time of review of the exception to policy and in lieu of submitting a new request, the individual’s primary health care provider submits a confirmation to DHS stating that there is little or no probability that the individual’s status upon which the existing exception to policy was granted will significantly change in the period until the next review. [2/18: short form]

 

SF 2084, as amended in committee, establishes a publicly administered State Training School for female juvenile delinquents, requires that the facility be accredited by the American Correctional Association and be subject to regular assessments by the Department of Inspections and Appeals, and use a gender-responsive and evidence-based services by appropriately trained staff. Both the State Training Schools for delinquent boys and girls are required to develop service plans that recognize the individual treatment and educational needs of youth and consider options to best assist those youth as they transition into adulthood, including ensuring eligibility for wraparound services and access to educational and vocational opportunities. Directs local Area Education Agencies to ensure the provision of accredited educational programming at the two State Training Schools and the two Mental Health Institutes that currently provide educational programming to youth, and ensure that necessary funding is provided by the State to support year-round educational programming. Requires guardians ad litem assigned to youth adjudicated child in need of assistance and attorneys representing juvenile delinquents to physically visit children under their watch at least quarterly. The bill is effective upon enactment. [2/19: 8-5 (Boettger, Ernst, Johnson, Segebart, Whitver “no”)]

 

SF 2117, as amended in committee, defines elder abuse (abuse, neglect or financial exploitation of an older individual) and links this definition to existing criminal definitions. Recognizes, defines and establishes penalties for these forms of abuse: elder abuse assault and physical abuse, sexual abuse and sexual exploitation, psychological harm, financial exploitation, theft against an older individual and neglect. “Older individual” is defined as a person 60 years of age or older, consistent with the federal Older Americans Act. Defines “financial exploitation” and establishes criminal penalties. Establishes an Elder Abuse Resources & Referral Program located within the Area Agencies on Aging (AAAs). This system will focus on prevention of and response to elder abuse through services and supports, collaborate with investigation and protection services provided through other agencies, use “elder rights specialists” within each AAA to link older Iowans to services to prevent elder abuse and assist in navigating existing response systems, work closely with local networks of providers and stakeholders to connect older Iowans with local resources and services, and create a primary point of entry for consumers through LifeLongLinks (statewide hotline) Aging & Disability Resource Centers. Establishes protective orders for relief from elder abuse based on domestic abuse protective orders.  The bill also mandates the collection and maintenance of elder abuse information to determine elder abuse trends, demographics and statistics, and to publish that information online; updates provisions relating to the mandatory reporter training curriculum to ensure that mandatory reporters receive adequate training related to dependent adult and elder abuse; and removes confidentiality restrictions to allow the Attorney General’s office access to dependent adult and elder abuse information. [2/18: short form]

 

SF 2143, as amended in committee, revises the 28-hour-per-week employment requirement to allow participation at a satisfactory level in an approved training or education program for 28 hours per week in aggregate. The bill also directs DHS to review eligibility of program participants no more frequently than every 12 months (eligibility is currently reviewed every six months); and requires DHS to review the application process to eliminate unneeded or redundant information and make other improvements. A report concerning the results of this review is due to the Governor and Legislature by December 1, 2014. The bill also directs DHS to update the application process to be compatible with tablets and smartphones; and directs DHS to adopt rules for the eligibility changes. [2/18: short form]

 

SF 2144, as amended in committee, established the Iowa Healthiest Children Initiative within the Department of Public Health. The purpose of the initiative is to develop and implement a plan for Iowa children to become the healthiest children in the country by January 1, 2020. The bill outlines the areas of focus. A task force is created to develop the plan, which is due to the Governor and Legislature by December 15, 2014. [2/19: short form]

 

SF 2174 prohibits a tanning facility from allowing individuals less than 18 years of age to use a tanning device. Clarifies that tanning facilities must post warning signs free from obstruction and provide a written warning statement to each customer prior to using a tanning device. Tanning facilities that violate a provision of Iowa Code Chapter 136D are subject to a civil penalty and injunctive relief. [2/19: 8-5 (Boettger, Ernst, Johnson, Segebart, Whitver “no”)]

 

SF 2182 allows certified nursing aide training programs to conduct a national criminal history check that incorporates criminal history records in Iowa in lieu of requesting a criminal history check only in this state. Training programs are allowed to contract with a third party to initiate and receive the records checks on a program’s behalf. [2/18: short form]

 

SF 2225 requires a preplacement investigation and report to include examination of the criminal and child abuse records of the prospective adoption petitioner. The bill also requires a postplacement investigation and report to consist of no less than three face-to-face visits with the minor to be adopted and the adoption petitioner to be conducted within 30, 90 and 180 days following the placement. Verification is required to document that any unique needs of the minor are appropriately met. A report is to be filed with the court and provided to the adoption petitioner regarding the medical and social history of the minor’s parents. The bill also extends from one year to two years the period during which an approved adoption petitioner may receive a placement; and adopts similar processes for postplacement investigations for international adoptions. [2/19: short form]

 

SSB 3053 allows physician assistants to immediately contact magistrates for a temporary order for civil commitment when a person is presented at a hospital or a mental health or substance abuse treatment facility who is found to be seriously mentally impaired and may physically injure themself or others if not immediately detained. Currently, only a physician or advanced registered nurse practitioner can contact a magistrate following the assessment. Under the bill, the  findings of a physician assistant must be approved by a physician. [2/19: short form]


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