Legislative Update AFFAIRS

IOWA

DEPARTMENT OF ELDER Legislative Update AFFAIRS

Volume 2, Issue 3 Under the Dome January 27, th 2006 On Tuesday, January 24 , the What is the Case department presented information related to Iowa’s Case Management Management Program for Program for Frail Elders (CMPFE) Frail Elders?

to both the Senate and House

Human Resource Standing The CMPFE program has been

Committees. The presentation is providing services to Iowans age 60

available under “What’s New at and older for over 18 years.

DEA” at: CMPFE is a program of the

www.state.ia.us/elderaffairs/ Department of Elder Affairs, and is

administered at the local level by th On Thursday, January 26 , the Iowa’s Area Agencies on Aging

In this issue: department presented information who partner with provider and

related to its overall budget to the service agencies to create a support Health and Human Services Joint • Under the Dome network that is vital to keeping frail

Appropriations Sub-Committee. and vulnerable older adults in their

• In the Legislature The presentation is available under existing homes and communities.

“What’s New at DEA” at:

www.state.ia.us/elderaffairs/ CMPFE is a cost containment

program. Last year, the program

The focus of the presentations served 13,164 elder Iowans, all of

overall was the department’s whom qualified for

request for three million dollars to institutionalization, but were able to

include ongoing case management a remain in their own homes and

reimbursed service under the Title communities through the provision

XIX HCBS Elderly Waiver of services delivered to them in

Joel Wulf, DEA (Medicaid for those living in their homes. On average, there are Legislative Liaison community settings). Iowa is the 9,463 active clients per month, [email protected] only state in the nation that does not 75.5% of whom are Medicaid reimburse for ongoing case recipients. If these individuals were management services to its elders to be institutionalized, it is and one of two states that does not projected that an additional 22 draw down federal matching dollars million dollars a month would be as well. This means that the three necessary in Medicaid

million dollars requested would expenditures. sustain a program that has a rapidly Visit the Iowa deteriorating infrastructure. Please see the departments Department of Elder Affairs online at presentations for additional www.state.ia.us/elder information. affairs

Legislative Update page 2 of 14

contact related to needs and What is the Problem? services, enhance the focus on the prevention of existing problems and CMPFE was started as a reduce their escalation and provide demonstration program and it was for increased operational support. not until 1999 that the program The additional funding would also reached all 99 Iowa Counties. The begin covering the cost of the appropriation to the program has donated costs and services, thereby never been based on cost, which creating a sustainable system as means the existing system is reliance on donated costs and dependent upon donated time and services has begun to erode the services as well as limited financial foundation of the CMPFE program. resources. The estimated value of the donated case management time LEGISLATORS HAVE A per client per month is estimated at DECISION TO MAKE Check out the $34.29. Actual expenditures are proposed CMPFE $44.93 per client per month, for a Governor Vilsack supports frail and Administrative total of $79.32. Both area agencies vulnerable seniors remaining in Rules online: on aging and their community their own homes and communities partners are no longer able to and maximizing opportunities to www.legis.state.ia sustain the cost of donated services. draw down federal matching dollars .us/Rules/Current/ that strengthen Iowa’s Aging Bulletin/IAB0601 What Solution has the Network. 04.htm Governor and the The issues are complex, and DEA Department of Elder has boiled this down to the basics: Affairs Proposed? Legislators have to decide if they The DEA has proposed that like 48 want to strengthen an existing of the 50 states, Iowa recognize program that better meets the needs case management as a reimbursable of older Iowan’s and maximizes service under the states Title XIX federal matching dollars or if they HCBS Elderly Waiver. The want to leave the system as it is, approximate cost would be $114.00 which will mean fewer frail and per client per month, or an increase vulnerable older Iowans will be of $34.68 per client per month. able to access the services that keep New state dollars are needed to them independent and in their own make the federal match in the homes. amount of 3 million dollars. Governor Vilsack has included this three million dollars in his FY 07 Call to Action budget. This additional funding – Next page! would increase the frequency of client contact, concentrate client

Legislative Update page 3 of 14

CALL TO ACTION!

Now, is the time to let your representative in Iowa’s House of Representatives know what you want. Not only should you contact your elected officials in the House, but also House Leadership, committee chairs and ranking members. If you don’t know who your representative is, you can find out by going to www.legis.state.ia.us/FindLeg/ If this request is not included in the House budget, it will be increasingly difficult to add it on the senate side. Expect the House budget to be released in mid to late February.

House Leadership Representatives: Rod Roberts Christopher Rants Assistant Majority Leader Speaker [email protected] Caring for an Older 515-281-5566 Pat Murphy Iowan? Bookmark Minority Leader the Iowa Family [email protected] Danny Carroll 515-281-3521 Caregiver website: [email protected] www.iowafamily Speaker Pro Tempore Polly Bukta caregiver.org/ [email protected] Chuck Gipp Assistant Minority Leader Majority Leader [email protected] 515-281-3054 Lisa Heddens [email protected] Assistant Minority Leader Libby Jacobs [email protected] Majority Whip Helen Miller [email protected] Assistant Minority Leader Carmine Boal [email protected] Assistant Majority Leader Mike Reasoner [email protected] Assistant Minority Leader Cecil Dolecheck [email protected] Assistant Majority Leader John Whitaker [email protected] Assistant Minority Leader Steven Olson [email protected] Assistant Majority Leader [email protected]

Legislative Update page 4 of 14

More Contact Info: Senate Switchboard: Office of the 515-281-3371 Governor and Lt. Governor House Switchboard: State Capitol 515-281-3221 Des Moines, IA 50319 515-281-5211 Mailing Address: State Capitol

Des Moines, IA 50319 House Health and Human Service Appropriations Subcommittee Jim Kurtenbach Representatives: [email protected] Dave Heaton (C) Mary Mascher [email protected] [email protected] Polly Granzow (vice) Mark Smith [email protected] [email protected] Ro Foege (ranking) Linda Upmeyer [email protected] [email protected] Deborah Berry Paul Wilderdyke [email protected] [email protected]

Legislative Update page 5 of 14

Winning Compliance

The Governor has included in the Objectives include: DEA budget $62,500 for consumer The experience of the department education related to assisted living, has been that consumers are often adult day services and elder group uninformed and confused in a homes. number of areas related to adult day services, assisted living and elder What is it? group homes. The objective of this budget offer is to educate elder Implementation of the “Winning Iowans, their families and others in: Compliance” strategy will focus resources on providing to 1. Understanding that regulation in consumers information related to HCBS settings places adult day programs, assisted living responsibility on both the programs and elder group homes. consumers and providers. The information provided will be 2. Understanding and negotiating accurate and easily understood by occupancy/written agreements. Iowa’s elders, their families and 3. Understanding managed risk other stakeholder in Iowa’s long- agreements. term care system. 4. Understanding the application of tenant landlord law and its impact Public policy has been and will on the tenant. continue to evolve regarding Iowa’s 5. Understanding staffing adult day service, assisted living requirements. and elder group home industries. 6. Understanding the scope of While the concept of shared risk services each type of product has been utilized for a number of provides and how each product years, it was formalized in 2003 may fit into a long-term care plan. statutory changes. Changes were 7. Understanding tenant/participant again made to Iowa’s rights in the event of an administrative code in 2004 and involuntary discharge. again to Iowa Code in 2005. 8. Understanding how to access specific code and administrative rule requirements. 9. Understanding which executive branch agencies has responsibility for policy, enforcement, life safety and Medicaid. 10. Understanding how to access services.

Legislative Update page 6 of 14

In the Legislature

Bills the Department is For more information, the Iowa Legislature monitoring General Assembly

homepage is New this week: www.legis.state.ia.us

HF 2081 Military Property Tax authorizing the creation of an expert mobile team and specialized Credit An Act relating to the eligibility for the military service treatment unit, establishing a commitment process for placements property tax credit and exemption and including effective and in the specialized unit, and including a contingent effective applicability date provisions. By: Dix et al. (House Veterans Affairs) date. By: Heaton (House Human Resources) Committee Members: Committee Members: Paulsen (C), Hutter, and Whitead Companion to Heaton (C), Roberts, and Smith

SF 2008 HF 2106 MHMRDD Services A bill for an act relating to the HF 2087 Electronic Prescriptions A bill for an act relating to the allowed growth factor adjustment funding for county mental health, requirements for electronic prescriptions issued by practitioners mental retardation, and developmental disabilities services and filled by pharmacies. By: Heaton (House Human Resources) funds and including effective date and retroactive applicability Committee Members: Tomenga (C), Jacoby, and Wilderdyke provisions. By: Carroll (House Human Resources)

HF 2088 Income Exemption A bill HF 2111 Dependant Adult Abuse for an act exempting active duty pay of members of the armed Investigation A bill for an act relating to dependent adult abuse forces, armed forces military reserve, and national guard and investigations, findings, and appeals. By: Bell (House Judiciary) including a retroactive applicability date provision. By: Kurtenbach et HF 2113 Long Term Care al. (House Veterans Affairs) Committee Members: Kaufmann, Standards A bill for an act relating to performance and disclosure Paulsen, and D. Taylor standards for long-term care HF 2089 Mobile Treatment Team insurance. By: Swaim & Gaskill A bill for an act relating to adult (House Commerce, Regulation, and persons with mental retardation or Labor) other developmental disabilities who pose a severe and persistent threat to themselves or others by

Legislative Update page 7 of 14

HF 2115 Suicide Prevention A bill screening for long-term care for an act providing for the services under the medical establishment of an office of suicide assistance program. By: Upmeyer prevention within the Iowa (House Human Resources) department of public health, and making an appropriation. By: HF 2147 Temporary Lensing (House Human Resources) Conservators A bill for an act Committee Members: Companion relating to the temporary to SF 2034 appointment of a conservator for a dependent adult in an emergency HF 2126 Health Insurance situation. By: Huser, Swaim, Policies A bill for an act requiring Gaskill and Petersen (House certain health insurance policies to Judiciary) provide coverage for colorectal and prostate cancer screening under HF 2148 Directed Attendant some circumstances and providing Skills A bill for an act relating to an applicability date. By: Foege requirements for consumer-directed (House Commerce, Regulation, and attendant care provided under a Labor) medical assistance home and community-based services waiver. HF 2128 Social Security Numbers By: Upmeyer (House Human A bill for an act relating to the Resources) privacy of social security numbers in public records and creating the HSB 559 Dependant Adult Abuse Iowa public records privacy An Act relating to dependent adult commission. By: Gaskill et al. abuse including the confidentiality (House State Government) of and access to dependent adult abuse information. By: DHS HF 2130 State Agency Records An Act relating to the destruction of HSB 573 Veterans Cemetary An state agency records and providing Act making an annual appropriation for a penalty. By: Hutter (House to the department of veterans affairs State Government) for the state veterans cemetery By: Dept. of Veterans Affairs HF 2145 Food Establishment Reinspection Fees A bill for an act HSB 574 Veterans Health Care providing for the imposition of food Facility An Act relating to the establishment reinspection fees, and process utilized in assessing making penalties applicable. By: residents of health care facilities for Upmeyer (House Human veterans program benefits By: Dept. Resources) of Veterans Affairs

HF 2146 Preadmission Screening A bill for an act relating to requirements for preadmission

Legislative Update page 8 of 14

HSB 583 Nutrition and Exercise Grant Program An Act providing SF 2073 Temporary Conservator for the establishment of a nutrition A bill for an act relating to the and physical activity community temporary appointment of a obesity prevention grant program, conservator for a dependent adult in and providing a contingent effective an emergency situation. By: date. By: DPH Bolkcom (Senate Human Resources) Committee Members: HSB 584 Medicaid Issues An Act Behn & Quimbach (C), Boettger, relating to the medical assistance and Wood program, including eligibility requirements for adults and provider SF 2074 Medicaid and Medicare overpayment rate adjustments By: Services Waiver A bill for an act DHS relating to Medicaid reform through the use of managed care and opt-out SF 2062 Senior Living Trust provisions. By: Miller (Senate Appropriations A bill for an act Human Resources) Committee relating to the senior living trust fund Members: Kreiman & Seymour (C), and providing for appropriation of the Gaskill, and Quirmbach moneys in the fund. By: Bolkcom et al. (Senate Appropriations) SF 2081 Veterans Cemetary A bill for an act providing an annual SF 2067 Minimum Wage A bill for appropriation to the department of an act increasing the state minimum veterans affairs for the state hourly wage rate requirement. By: veterans cemetery. By: Stewert Dotzler et al. (Behn & Dotzler (C), (Senate Appropriations) Courtney, and Seymour) SSB 3035 DHS Tachnical Bill An SF 2068 Medicaid Reimbersement Act relating to department of A bill for an act relating to services human services' technical for which reimbursement may be requirements involving individual provided under a medical assistance development accounts, family home and community-based services investment program limited benefit waiver for the elderly. By: Bolkcom et plans, paternity establishment al. (Senate Human Resources) definitions, and the state child care Committee Members: Quirmbach & assistance program, and including Seymour (C), Bolkcom, and Houser effective date and retroactive Companion to LSB 5742HH applicability provisions. By: DHS

SF 2070 LIHEAP Supplemental A SSB 3038 Consumer Choice An bill for an act providing a Act relating to the creation of a supplemental appropriation for the consumer choice, support, and low-income home energy assistance education program. By: Governor program, and including an effective Bill date. By: Hatch et al. (Senate Appropriations)

Legislative Update page 9 of 14

SSB 3041 Governor Senior Living HF 852 Inheritance Tax Credit A Trust An Act relating to and making bill for an act relating to an appropriations to the department of inheritance tax credit for human services, the department of transferring a portion of an elder affairs, the Iowa department of inheritance to an entity for capital public health, the department of investment, programming, veterans affairs and the Iowa veterans including education, performance, home, and the department of and access, in arts and culture and inspections and appeals, providing for providing a penalty. By: Ways and fee increases, and including other Means (Ways and Means) related provisions and appropriations, Committee Members: Soderberg and providing effective dates. By: (C), Lalk, Schueller (Formerly HF Governor's Budget Bill 795) (Formerly HF 297)

Bills from previous issues: HF 2002 Senior Living Trust Fund A bill for an act increasing HF 116 Senior Deer Hunters A bill the standing amount required to be for an act allowing certain senior appropriated, reverted, or residents to hunt deer during the transferred to the credit of the youth and severely disabled deer senior living trust fund and hunting season. By: Struyk, Mertz, including effective and retroactive Dandekar, Lukan (House Natural applicability date provisions. By: Resources Committee) Committee Raecker and Kuhn (Appropriations) Members: Van Engelenhoven (C), Committee Members: Heaton, Whitead, Wilderdyke Kuhn, and Raecker

HF 833 Pharmacy Bill A bill for an HF 2010 Subsitute Decision act making changes relating to the Makers A bill for an act relating to practice of pharmacy, providing for and making an appropriation for the the creation of an electronic drug office of substitute decision maker database, establishing and under the department of elder appropriating fees, providing affairs. By: Smith (Human penalties, and providing an effective Resources) date. By: Ways and Means (Senate Ways and Means) Committee HF 2018 Personal Needs Members: Danielson and Larson (C), Allowance A bill for an act relating McCoy, and Zaun to an increase in the personal needs allowance for residents of nursing HF 851 Death Certificates A bill for facilities under the medical an act relating to fees imposed for assistance program. By: Gaskill and certified copies of death certificates. Swaim (Human Resourses) By: Ways and Means (Ways & Means) Committee Members: Tomenga (C), Boal, Davitt successor to HF 455

Legislative Update page 10 of 14

HF 2021 MR Case Payments A bill based services waiver for the for an act relating to the costs of elderly. By: Swaim and Gaskill services provided to persons with (Human Resources) mental retardation whose service costs are a state responsibility. By: HF 2045 SS-Pension Income Heddens (Human Resources) Phase Out A bill for an act phasing out the state income tax on social HF 2022 Cigarette Taxes A bill for security benefits and on pension an act increasing the taxes imposed and retirement income and on cigarettes and tobacco products including effective and applicability and providing for deposit of the date provisions. By: Ways and increased revenue generated in the Means (Ways and Means) senior living trust fund, and providing Committee Members: Floor an applicability date and an effective Manager: Boal; Amendment H- date. By: Tomenga and Olson R. 8001 and H-8004 filed (Formerly (Ways and Means) HSB 502)

HF 2026 Non-Profit Tax Exemption HF 2049 Senior Property Tax A bill for an act relating to the Freeze A bill for an act relating to property tax exemption for certain the reduction in the assessed values dwelling units owned by a nonprofit of homesteads of persons sixty-five organization and providing a years of age or older below a retroactive applicability date. By: specified income level, providing a Paulsen (Ways and Means) penalty, and including applicability date provisions. By: Butka (Ways HF 2028 Veteran Status A bill for and Means) an act specifying the time period within which the Iowa department of HF 2055 Long Term Care veterans affairs shall comply with a Deduction A bill for an act relating request for veteran status from a to an income tax deduction for costs health care facility. By: D Olson of long-term care insurance (Veteran Affairs) Committee contracts and including an effective Members: May (C), Tymeson, Wendt and retroactive applicability date provision. By: Frevert (Human HF 2039 Elder Fishers A bill for an Resources) act allowing fishing without a license for certain persons who fish in a HF 2057 Personal Needs supervised group. By: Bell and Huser Allowance A bill for an act relating (Natural Resources) Committee to the personal needs allowance Members: Lukan, Bell, and May FM: amount for residents of nursing Lukan facilities under the medical assistance program. By: Kaufmann HF 2040 Medicaid Inflation Factor et al. (Human Resources) A bill for an act relating to services Committee Members: Granzow (C), reimbursed under a medical Tomenga, Wendt assistance home and community-

Legislative Update page 11 of 14

HF 2060 Personal Needs Allowance fund. By: Huser et al. (Human A bill for an act relating to the Resources) personal needs allowance for residents of nursing facilities. By: HF 2071 Burial Sites A bill for an Huser et al. (Human Resources) act relating to access to certain Committee Members: Companion to burial sites located on private LSB 5740SS property. By: Swaim (Local Government) HF 2062 Medicaid Inflation Factor A bill for an act relating to services SF 341 Long-term Living System for which reimbursement may be A bill for an act relating to the long- provided under a medical assistance term living system in Iowa home and community-based services including establishment of the waiver for the elderly. By: Huser et intent for Iowa's long-term living al. (Human Resources) system. By: Human Resources Formerly SSB 1272 HF 2063 Fundraising A bill for an act relating to fundraising activities SF 355 Medicare Part D Task conducted for a group or organization Force A bill for an act relating to of public officials or public the creation of a task force to employees and making penalties provide for the implementation of applicable. By: Ford (State Medicare Part D and providing an Government) Committee Members: effective date. By: Human Hutter, Boal, and Ford Resources Committee Members: Formerly SSB 1204 HF 2064 Long Term Care A bill for an act relating to standardized SF 416 Cigarette Tax and requirements for long-term care Property Tax A bill for an act insurance policies. By: Huser & relating to additional educational Peters (Commerce, Regulations & funding by increasing the state Labor) Committee Members: regular program foundation base Companion to LSB 5741SS per pupil, by modifying the community college operations levy, HF 2066 Involuntary Commitments creating local workforce and A bill for an act relating to the time economic development funds for period for holding involuntary community colleges, increasing the hospitalization hearings for chronic state cigarette tax, modifying an substance abusers and mentally ill appropriation, and including persons. By: Petersen (Judiciary) effective and applicability date Committee Members: Tymeson (C), provisions. By: Ways and Means Foege, Hutter (House Ways and Means) Committee Members: Van Fossen HF 2068 Senior Living Trust Fund (C), Kurtenbach, Shomshor A bill for an act relating to the senior Formerly SSB 1322 living trust fund and providing for appropriation of the moneys in the

Legislative Update page 12 of 14

SF 2008 Cemetary Access A bill for SF 2038 Disabled Veterans an act relating to access to certain Homestead A bill for an act burial sites located on private relating to an additional homestead property. By: Kreiman (Local credit for disabled veterans and Government) Committee Members: including an effective date. By: Kreiman & Mulder (C), Stewart, and Lamberti (Ways & Means) Zaun Committee Members: Dotzler & McKibben (C), Danielson, Zaun SF 2031 Grandparent Visitation A

bill for an act relating to grandparent SF 2040 Long-term Care Credit and great-grandparent visitation. By: A bill for an act relating to a long- Ragan et al. (Human Resources) term care insurance tax credit under Committee Members: Ragan & the individual income tax and Seymour (C), Kreiman, and Tinsman including a retroactive applicability SF 2034 Suicide Prevention Office date provision. By: Miller (Ways & A bill for an act providing for the Means) Committee Members: establishment of an office of suicide Connolly & Wieck (C), Stewart, prevention within the Iowa Zaun department of public health, and making an appropriation. By: Ragan SF 2044 Pension Income Phase & Bolkcom (Appropriations) Out A bill for an act phasing out the state income tax on social SF 2036 Veterans Programs security benefits and on pension Appropriations A bill for an act and retirement income and revising and making appropriations including effective and applicability involving veterans programs for the date provisions. By: Tinsman et al. fiscal year beginning July 1, 2005, (Ways & Means) Committee and providing an effective date. By: Members: Connolly & McKibben Appropriations (Senate (C), Bolkcom, Zieman Companion Appropriations) Committee to HF 2045 Members: withdrawn HF 2080 subsituted SF 2048 Personal Needs Allowance A bill for an act relating SF 2037 Military Pension to the personal needs allowance for Exemption A bill for an act residents of nursing facilities. By: exempting military duty Bolkcom et al. (Human Resources) compensation, benefits, allowances, Committee Members: Bolkcom & and retirement pay received from the Johnson (C), Ragan, and Seymour federal government by members of the armed forces from the individual SF 2058 Long Term Care income tax and including a Insurance A bill for an act relating retroactive applicability date to standardized requirements for provision. By: Miller (Ways & long-term care insurance policies. Means) Committee Members: By: Bolkcom et al. (Commerce) Danielson & Zaun (C), Dotzler, Zieman

Legislative Update page 13 of 14

SF 2059 Health Care Whistle SSB 3014 Dependant Adults An Blower A bill for an act providing a Act relating to dependant adult prohibition against reprisals relating abuse including the confidentiality to health care workers disclosing of and access to dependent adult specified information, and providing abuse information. By: DHS penalties. By: Bolkcom et al. (Human (Human Resources) Committee Resources) Committee Members: Members: Kreiman & Houser (C), Boettger & Quirmbach (C), Bolkcom, Bolkcom, Tinsman and Houser SSB 3019 Identitiy Theft An Act SSB 3010 Medical Assistance relating to offenses against identity Program An Act relating to the requiring notice of breach of medical assistance program, security of computer data including eligibility requirements for containing personal information, adults and provider overpayment rate and providing a procedure to secure adjustments. By: DHS (Human credit information and providing a Resources) Committee Members: penalty. By: Attorney General Seymour & Hatch (C), Behn, Woods

Hot Off the Press:

Senior Living Coordinating Unit Annual Report www.state.ia.us/elderaffairs/Documents/SLCU/SLCU-AnnualReport2005.pdf

A Long Range Plan for Long-Term Care in Iowa www.state.ia.us/elderaffairs/Documents/SLCU/LongRangePlanReport.pdf

Long Term Care Ombudsman Annual Report www.state.ia.us/elderaffairs/Documents/Reports/Ombudsman2005AnnualRep ort.pdf

Legislative Update page 14 of 14

Iowa Department of Elder Affairs

Jessie Parker Building 510 East 12th St, Ste 2 Des Moines, IA 50319

PHONE: 515-725-3333 800-532-3213

FAX: 515-725-3300

Disclaimer

This legislative update is provided in the spirit of information and education. The opinions expressed by the contributors do not necessarily reflect those of the department or its programs. The department shall not be liable for any damages that may result from errors or omissions in information distributed in this update.

The Legislative Update is distributed electronically during the legislative session by the Iowa Department of Elder Affairs for informational purposes only. Recipients of this Our Mission: update are encouraged to share it with others.

To provide advocacy, The current issue can also be found on the department’s webpage, educational, and www.state.ia.us/elderaffairs/, under the “What’s New at DEA” heading. Past issues are prevention services to archived in the “Publications/Information” section. older Iowans so they can find Iowa a If you are interested in receiving or discontinuing the legislative updates, contact Erin healthy, safe, Haafke by email at [email protected]. productive, and enjoyable place to live and work.