MINUTES OF THE REGULAR MEETING OF THE ADMINISTRATIVE RULES REVIEW COMMITTEE Time of The regular meeting of the Administrative Rules Review Meeting Committee was held Tuesday and Wednesday, July 11 and 12, 1989, Committee Room 22, State Capitol, Des Moines, Iowa. Members Senator Berl E. Priebe, Chairman; Representative Emil S. Present Pavich, Vice Chairman; Senators Donald v. Doyle and Dale L. Tieden; Representative David Schrader. Absent due to illness, Representative Betty Jean Clark. Staff present: Joseph A. Royce, Counsel; Phyllis Barry, Administrative Code Editor; Vivian Haag, Executive Secretary. Also preseni:: Barbara Brooker Burnett, Governor's Adminis­ trative Rules Coordinator; Evelyn Hawthorne, Democratic Caucus. Meeting Chairman Priebe convened the Committee at 10 a.m., Tuesday, Convened July 11, 1989, Senate Committee Room 22. The following rules of Disaster Services were before the Committee: Disaster services - enhanced 911 tclephonl! systems, ch 10, ~·A llC 91;r;o ........... · · · · · · · · · ·. · · · · · · · · · · •·. · · · .... · · 6/28!1i9 PUBLIC DEFENSE Present for the discussion were Ellen Gordon, Director; DEPARTMENT David L. Miller and Jerry L. Ostendorf; Charles E. Hinkle, Humboldt County; Kenneth J. Hartman, Hartman and Associ­ ates, Boone. Gordon explained that rules addressing enhanced 911 telephone systems were mandated by legislation. A hearing on the rules resulted in changes being made. Chairman Priebe recognized Hartman, who was representing Humboldt, Mahaska, Washington, Dallas, Buchanan and Web­ ster Counties. Hartman offered what he believed to be constructive criticism and referenced a critique which he had mailed to ARRC members. Areas of disagreement included 10.8(3) which requires approval of the plan modifications and addenda by the Division prior to im­ plementation. He contended this would slow down the process and suggested addition of the words 11 ,if such modification or addenda make changes in the 911 service area, number of PSAPS, or selective routing arrangements." .10.9(1)£ With respect to 10.9(1)f, Hartman viewed the requirement to provide two dedicated telephone operator ringdown circuits as excessive. He contended this would increase costs of the E911 system, particularly in rural areas. He explained the difference between telephone operator ringdown circuits and l=FB lines. Hartman's research in the last two months revealed that the maximum number of operator assistance calls averaged two per year in counties. In metro areas, there were three to five calls per day. Hartman continued that emergency calls should be directed to the 7-digit emergency number. This would not increase county costs. He offered - 4112 - 7-11-89 PUBLIC estimates on cost per line, per month. Hartman voiced DEFENSE opposition to the requirement in 10.9(2)e to maintain 90 Cont'd days of logging recorder tapes in communications centers. This was an increase from the industry standard of 30 days and was not cost effective for counties. He urged further ~ study of this issue. Hartman referred to the quorum re­ quirement of no less than 2/3 of the members eligible to vote--10.3(2)b. He pointed out the difficulty for com- pliance by the volunteer boards. Discussion followed and Royce advised that Code section 17A.2(1) mandates a 2/3 quorum for "state" agencies. The local volunteer boards would not be subject to that provision and could rely on a simple majority. There was Committee consensus that an emergency amendment would be acceptable. In principle, Gordon agreed wit~ Hartman with respect to the number of ringdown circuits--10.9(1)f. However, she did not want to rely on one line or circuit which could leave a community without 911 service. Hartman had no opposition to two dedicated circuits from each central office, but he interpreted the rules as requiring two additional circuits. Miller enphasized that an impor­ tant issue was the difference between a circuit and a line and he thought confusion could be avoided by changing the definition of circuit. Miller and Gordon defended the Division's position that tapes should be kept for at least 90 days, particularly if the recording wereused as the sole means of logging a call: Har~mafn quo~ed additional c osts.and :easoned that ~ pert1nent 1n ormat1on would be pu 1led 1mmed1ately. from a tape in emergency situations. Doyle wanted assurance that information would not be lost and he thought tapes covering emergencies should be stored at least 90 days. Hartman and Gordon agr~~d to draft compromise language. Hinkle praised the 911 program but noted that a 25 cent surcharge would be insufficient to cover cost to counties. He suggested a higher surcharge and added that Humboldt County was subsidizing the program but might be forced to discontinue participation. He thought that recommendations by Hartman were very important. Gordon commented that it was important for the Division to monitor disposition of the surcharge fund. Motion to Pavich moved to impose a 70-day delay on 601--Chapter 10. Delay Tieden expressed concern about increased costs. Gordon did not want the system to be jeopardized. Pavich motion was carried. DEPARTMENT Lane Palmer presented amendments to 261--23.6(3) and 23.1~ OF ECONOMIC relating to the special drought relief rund, published in DEVELOPMENT 6/14/89 IAB as ARC 9926. Priebe recommended additional language in 23.6(3): Insert after "the director, 11 the words 11 in consultation with the u representatives of the Farmers Horne Administration." - 4113 - 7-11-89 INSPECTIONS Xenda Lindel-Prine reviewed the following agenda and there AND APPEALS were no questions: Infection control in heaUh care facilities. 57.11(3). 57.11(11), 57.11(12). 58.38(3)' b." 59.12(3), 59.12(11). Sg.lSdy'c." 69.43(3rh."62.9(2ra."_6y 9(4). 52.19(5). bJ.9(J). 53.9(10), bJ.Jdl), 63.11(l)"c," 64.12(14). 64.13(12). 64.13(15). 54.26(8)"b." notice ARC c/h'™ Amend and transfer 491-chs 20 to 25 to 481—chs 100 to 105, iilcd eniertrency ARC 9947 Pavich in the Chair. INSURANCE Kevin Howe appeared on behalf of the Insurance Division DIVISION for review of life reinsurance agreements, 191—Chapter 17, Noticed in lAB 6-14-89 as ARC 9941. He explained that insurance companies cannot use a reinsurance contract to reduce their liability or establish a new asset on their financial statements unless the contract represents a substantive transfer of risk. The intent is to prevent a company from executing some illusory type of contract for the sole purpose of using it to their benefit on a financial statement when they haven't transferred a risk , to the reinsurance company. Howe added that the Division routinely looks for this in examining insurance companies. No comments have been received. He provided an example of "creative bookkeeping" by an insurance company. In response to question by Schrader, Howe stated that the rules were excerpted from a model rule of the National Association of. Insurance Commissioners. However, he was willinig to clarify the language. Howe thought that the 17.2-4 scope in 17.2 would apply to the standards of accounting requirements in 17.3 and written agreements in 17.4. Minutes Priebe took the Chair and called for disposition of the minutes of the June meeting. Schrader requested deletion of the second sentence, last paragraph, on page 4106 and that the minutes be approved as amended. Carried. PHARMACY Lloyd K. Jessen represented Pharmacy Board for the following EXAMINERS PUBUCIIBALTII DRPAHT.MENT(64]|-unibnll.* Update Iowa Code references in chs I to 6, filed emergency ARC 9921 6/14/89 BOARD General pharmacy licenses, hospital pharmacy licens^. correctional facility pharmacy licenses, d.S")." 7..3"1." 15.3"1." notice ARC 9922 6/14/89 Chs 1-6 No questions re amendments to Chapters 1 to 6 or 6.3(1) et al. Tieden was given brief explanation of the process followed for reinstatment of a pharmacist's license. HUMAN Those in attendance for the Department of Human Services SERVICES included: Mary Ann Walker, Cynthia Tracy, Anita Smith, DEPARTMENT Bob Miller, Larry Allen and Gary Gesaman. The agenda follows: Offset of county debts owed department, ch 14. notice ARC 9951 6/28'89 Corporate ipiardians and corporate conservators, ch 23. notice ARC 95(17 terminated! ARC 99(16.!!!!!! 6/28/89 County maintenance of effort calculations and reuortintt. ch 25. nonce AHC !!!!!!!!!!!!!!."!! 6/28/89 Centralijwd registry for brain injured persons, domestic abuse, displaced homemuker. rescind chs 3^ 160. and 161. filyJ emergency ARC 99.56 6/-J8'89 mudicnlly needy incomo lovcis increanod.'4V.8(2)."7li.'l'(V5V''n'' and "b." Vs.iilit). 9973. also fdetl emergency'' ''"'J d." ARC 76,1(28). 9972 75.1(30). 76.17. 75.18..8(I.1(H1). 85.10(2). 85.10(4). 86.12( I), notice' ' ARC^ Medicaid and service provi'tler rate changes. 52.1(3). 78.6(l)"k" to "m." 78.70)"e.~'f.'' ani''i''78.i 1(2),'-fiutVy-a """" 6/28/89 177.4(3).b. and 177.4(7),d, 79.1(2).79.1(8)"a."79.1(9)"b"and"d,"81.6(16)"e." 177.4(8)"b." nptice.ARC 9971. also filed emergency 150.3(5)"p," ARC) 166.6(1), an7n '' 1569(1) 156 11(2) 6,28/89 (^nditions of eligibility, 75.6.7^6(1), 75.15, filed emergency alter notice ARC 9975.. .. fi/ot»;cn AmountA fn/klint durationirtH amiCanil Bcopeufftntx ofe.# mwlinulI and— J rcmcdml Korviccs; intRrmcdIato cnru fucilitie»m 78 12 81 3 fiiod W ftO,09 ofni'fyiffM'V afliT ARC mm? jntnrmedlato cure facilillea for tliu niunlully rctardud. 82.6( 14).