Stateline Vol. 28, No. 1 • January 2019 MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS INSIDE NEW FOR 2019 See page 11 for our new section on the Bowhay ’Victim-centered’ approach Institute for Legislative Leadership Development (BILLD) — alumni news, articles from BILLD scholars and key upcoming dates New policies on sexual assault, from handling of rape kits to new supports in hospitals, being implemented across Midwest CSG Midwest Issue Briefs 2-3 • Health & Human Services: Illinois law puts by Tim Anderson ([email protected]) new limits on ‘skinny’ health plans • Criminal Justice & Public Safety: ‘Excessive’ s she’s worked on policies to improve fines case from Indiana heard by Supreme Court LB 43 includes these provisions as well.) how her state handles sexual assault State laws in Midwest • Agriculture & Natural Resources: New farm Also last year, Illinois legislators adopted investigations and helps victims, mandating that rape kits bill provides some certainty in uncertain times A new requirements for how sexual assault Nebraska Sen. Kate Bolz has talked to be tested • Great Lakes: Michigan lays groundwork for victims are cared for in the hospital. advocacy groups and consulted with experts. new pipeline beneath Straits of Mackinac Under HB 5245, hospital emergency But she also has in her mind a constitu- rooms must have a staff member who Around the Region 4 ent, a survivor who approached her after a has received training on how to collect town-hall meeting. A look at new studies on budgets and what physical evidence, respond to the medical they say about the Midwest’s fiscal conditions “She was so young and had been so and psychological needs of a survivor, and hurt by her circumstance,” Bolz says, “and testify in court. These requirements take Capital Closeup 5 she talked about the kind of support and effect in three years. Wisconsin changes balance of power information she needed.” The goal of Illinois’ HB 5245 is two-fold: between Legislature, attorney general “Over the past couple of years,” she adds, improve support for victims and govern- “we’ve heard a lot from survivors.” All kits must be tested Question of the Month 5 ment prosecutions of sexual assault crimes. The same likely can be said for legisla- By improving supports, too, the state Have any states considered bills to end daylight tors across the Midwest, as evidenced by No testing mandate* savings time or make it year-round? hopes it encourages more victims of sexual statistics on the prevalence of sexual assault * Through legislation or executive branch actions, several states in the Midwest have taken steps to address concerns assault to report their cases to law enforce- Profile 8 and the burst of activity in state capitols. about backlogged, untested kits — for example, ment. (Nationally, only about one-third do.) According to RAINN, the nation’s largest conducting statewide inventories and/or requiring that all Wisconsin Assembly Assistant Majority of these backlogged kits be tested. Illinois formed a working group four Floor Leader Mary Felzkowski anti-sexual violence organization, someone years ago to explore various “victim- is sexually assaulted in the United States Source: Joyful Heart Foundation FirstPerson 9 centered” policies, and HB 5245 and SB every 98 seconds. And more than 20 percent 3404 are among the results of this group’s Illinois Treasurer Michael Frerichs on how states of women report having been a victim of work and recommendations. are making ABLE accounts work for the disabled would be informed of their rights during rape (either attempted or completed) during A third example was the legislature’s initial interactions with nurses, medical their lifetimes, federal data show. passage three years ago of SB 3096, which CSG News & Events 10 examiners or police officers. States have explored various ways to requires specialized training on sexual Region’s new legislative leadership team in place Bolz worked with the advocacy group improve their policies around sexual assault, assault for law enforcement, first responders Rise on the legislation. That same group lists Capitol Clips 12 and the result has been several new laws that and 911 operators. That same measure also aim to help victims and improve investiga- South Dakota and Illinois as having passed • Population gains in South Dakota, Minnesota extended the time for survivors to consent some version of a Sexual Assault Survivors • Michigan changes ballot-measure rules tions of the crime, particularly through a to the testing of forensic evidence, for use in Bill of Rights in 2018. • Two new state laws aim to improve nurse safety better handling of sexual assault kits. Here sexual assault kits, from 14 days to five years. is a look at some of the strategies being Illinois’ SB 3404, for example, spells • Minnesota documents rise of telemedicine proposed and implemented in the Midwest. out the rights of every victim to have Policies on testing of rape kits Stateline Midwest is published 11 times a year an advocate present during a hospital by the Midwestern Office of New supports, rights for victims examination; to consent to the collection A sexual assault kit, or rape kit, contains The Council of State Governments. of DNA evidence; and to shower after a biological evidence collected in the after- Annual subscription rate: $60. Earlier this year, Bolz introduced LB 43, the medical exam is complete. (Nebraska’s math of a sexual assault. To order, call 630.925.1922. Sexual Assault Survivors Bill of Rights. “I think maybe the most important PLEASE TURN TO PAGE 6 CSG Midwestern Office Staff element [in the legislation] is the proactive Michael H. McCabe, Director requirement that people are provided Tim Anderson, Publications Manager It is estimated that every 98 seconds, a information about their rights — everything Mitch Arvidson, Policy Analyst person in the United States is sexually Jon Davis, Assistant Editor/Policy Analyst from the right to being treated with dignity assaulted. State governments are Cindy Calo Andrews, Assistant Director and respect to the right to participate in the Ilene K. Grossman, Assistant Director at the center of efforts to improve criminal justice process,” she says. Lisa R. Janairo, Program Director the government’s response to Laura Kliewer, Senior Policy Analyst “When you are experiencing a trau- these crimes — including more Gail Meyer, Office Manager matic situation, information that you can supports for victims, new policies on Laura A. Tomaka, Senior Program Manager trust, about the choices you have, is really sexual assault kits, and prevention Kathy Treland, Administrative Coordinator and Meeting Planner important.” programs on college campuses. Under LB 43, sexual assault victims CSG MIDWEST ISSUE BRIEFS Issue Briefs cover topics of interest to the various groups and policy committees of CSG Midwest, which provides staff support to the Midwestern Legislative Conference, Great Lakes-St. Lawrence Legislative Caucus, Midwest Interstate Passenger Rail Commission and Midwestern Radioactive Materials Transportation Committee. Health & Human Services a total of six months, says Sen. Laura Fine. Allowing States react to, push back against Does state limit how long a consumer that much time was a compromise, she notes; some new federal rules on ‘skinny’ can be on a short-term health health insurance policies lawmakers wanted these plans banned altogether. Fine says two concerns prompted her vote to insurance policy (as of 2018)?* n October, the Trump Administration adopted override: First, that these policies could pull all new rules for short-term (or “skinny”) health healthy people out of the state’s exchange, thus raising Iinsurance plans. Since then, some states have everyone’s rates; and second, a lack of disclosure as to weighed in by adopting new rules of their own, while what was and wasn’t covered. “People thought they were also reminding insurers that they must still comply purchasing insurance, but then when they needed it, with state-level regulations. it wasn’t there,” Fine says. “As a state, we need to stay a “Skinny plans” are not new; they have typically step ahead to ensure everyone has insurance.” been used by customers as short-term, or stopgap, In the wake of the new rules, other state actions coverage — for example, if they’re between jobs. have included issuing bulletins or notices (through But these plans have taken on new significance insurance departments or commissioners) reminding since passage of the Affordable Care Act and the Trump insurers that the changes at the federal level don’t pre- administration’s new rules, which allow for the terms Yes empt existing state statutes and rules. Here are other of these plans to run longer (up to a year, rather than examples of how states are trying to protect consumers: three months) and to be renewed for up to three years. No Proponents tout these plans as a more affordable • North Dakota’s Insurance Department requires * Federal rules allow the initial duration of short-term health option for people who can’t afford policies on the insurance companies to ask consumers applying for insurance policies to run up to 364 days and be extended for up to 36 short-term policies if they have comprehensive major months. Some states have more-stringent rules in place. For example, ACA health exchanges. Opponents, however, counter six states in the Midwest required initial contract durations of less that skinny plans are only affordable because they medical coverage in force, if they know that short-term than 364 days: Illinois, Indiana, Michigan, Minnesota, North Dakota, allow insurers to deny individuals with pre-existing insurance is not comprehensive major medical cover- South Dakota and Wisconsin. conditions or to exclude coverage that standard health age, and why they’re applying for short-term coverage. Sources: Commonwealth Fund and CSG Midwest research policies must have under the federal law.