Iowa 2023-2024 Regular Session

Iowa House Bill HF386 Latest Draft

Bill / Introduced Version Filed 02/21/2023

                            House File 386 - Introduced   HOUSE FILE 386   BY FRY   A BILL FOR   An Act relating to bodies of the state governmental structure 1   under the purview of the department of health and human 2   services. 3   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4   TLSB 1570YH (9) 90   pf/rh  

  H.F. 386   HEALTH POLICY OVERSIGHT 1   Section 1. Section 2.45, subsection 5, Code 2023, is amended 2   to read as follows: 3   5. The legislative health policy oversight committee, 4   which shall be composed of ten members of the general 5   assembly, consisting of five members from each house, to 6   be appointed by the legislative council. The legislative 7   health policy oversight committee shall   may meet at least two 8   times,   annually , during the legislative interim to provide 9   continuing oversight for Medicaid managed care, and to ensure 10   effective and efficient administration of the program, address 11   stakeholder concerns, monitor program costs and expenditures, 12   and make recommendations. 13   VIRTUAL AND REMOTE MEETING OPTIONS 14   Sec. 2. Section 135.12, Code 2023, is amended to read as 15   follows: 16   135.12 Statutory board, commission, committee, or council of   17   committee    teleconference option , virtual meeting, and remote 18   participation options   . 19   1. Any statutorily established board, commission, 20   committee, or council established under the purview of the 21   department shall provide for a   hybrid meetings, teleconference 22   option   participation, virtual meeting, and remote participation 23   options for board, commission, committee, or council members to 24   participate in official meetings. 25   2. For the purposes of this section: 26   a. Hybrid meeting means a meeting involving both remote 27   participation and in-person participation by members. 28   b. Remote participation means real-time participation by 29   a remotely located individual in a meeting which is being held   30   in a different physical location using integrated audio, video, 31   and other digital tools.   32   c. Teleconference participation means participation using 33   audio conference tools involving multiple participants in at   34   least two separate locations. 35   -1-   LSB 1570YH (9) 90   pf/rh   1/ 34                                       

  H.F. 386   d. Virtual meeting means a meeting involving real-time 1   interaction using integrated audio, video, and other digital   2   tools, in which participants do not share a physical location. 3   Sec. 3. NEW SECTION . 217.22 Statutory board, commission, 4   committee, or council  teleconference, virtual meeting, and 5   remote participation options. 6   1. Any statutorily established board, commission, 7   committee, or council established under the purview of the 8   department shall provide for hybrid meetings, teleconference 9   participation, virtual meetings, and remote participation, 10   and other hybrid options for board, commission, committee, or 11   council members to participate in official meetings. 12   2. For the purposes of this section: 13   a. Hybrid meeting means a meeting involving both remote 14   participation and in-person participation by members. 15   b. Remote participation means real-time participation by 16   a remotely located individual in a meeting which is being held 17   in a different physical location using integrated audio, video, 18   and other digital tools. 19   c. Teleconference participation means participation using 20   audio conference tools involving multiple participants in at 21   least two separate locations. 22   d. Virtual meeting means a meeting involving real-time 23   interaction using integrated audio, video, and other digital 24   tools, in which participants do not share a physical location. 25   ADVISORY COUNCIL ON BRAIN INJURIES 26   Sec. 4. Section 135.22B, subsection 2, Code 2023, is amended   27   to read as follows: 28   2. Program created. 29   a. A brain injury services program is created and shall be 30   administered by a division of the Iowa department of public   31   health in cooperation with counties and   the department of human 32   services .   33   b. The division of the   department assigned to administer 34   the advisory council on brain injuries under section 135.22A 35   -2-   LSB 1570YH (9) 90   pf/rh   2/ 34                 

  H.F. 386   shall be the program administrator. The division duties shall 1   include but are not limited to serving   serve as the fiscal 2   agent and contract administrator for the program and providing 3   shall provide program oversight. 4   c.   The division shall consult with the advisory council 5   on brain injuries, established pursuant to   section 135.22A , 6   regarding the program and shall report to the council 7   concerning the program at least quarterly. The council shall 8   make recommendations to the department concerning the programs   9   operation. 10   Sec. 5. REPEAL. Section 135.22A, Code 2023, is repealed. 11   CONGENITAL AND INHERITED DISORDERS ADVISORY COMMITTEE 12   Sec. 6. Section 136A.3A, Code 2023, is amended to read as 13   follows: 14   136A.3A Congenital and inherited disorders advisory committee 15   established  process for addition of conditions to newborn 16   screening. 17   1. A congenital and inherited disorders advisory committee 18   is established solely   to assist the center for congenital and 19   inherited disorders and the department in the development of 20   programs that ensure the availability and access to quality   21   genetic and genomic health care services for all Iowans 22   designating the conditions to be included in the newborn   23   screening and in regularly evaluating the effectiveness and 24   appropriateness of the newborn screening . 25   2. a. The members of the advisory committee shall 26   be appointed by the director and shall include persons 27   with relevant expertise and interest including parent 28   representatives be comprised of not more than fifteen regular 29   voting members with relevant expertise and interest including   30   representatives of professional groups, agencies, parents, 31   consumers, and professional health care providers, appointed by   32   the director . The director may replace a regular member due 33   to nonattendance.   34   b. The advisory committee shall meet at least once per year. 35   -3-   LSB 1570YH (9) 90   pf/rh   3/ 34                                       

  H.F. 386   3. The advisory committee shall assist the center for 1   congenital and inherited disorders and the department in   2   designating the conditions to be included in the newborn 3   screening and in regularly evaluating the effectiveness and 4   appropriateness of the newborn screening.   5   4.   3. a. Beginning July 1, 2022, the advisory committee 6   shall ensure that all conditions included in the federal 7   recommended uniform screening panel as of January 1, 2022, are 8   included in the newborn screening. 9   b. Within twelve months of the addition of a new condition 10   to the federal recommended uniform screening panel, the 11   advisory committee shall consider and make a recommendation 12   to the department regarding inclusion of the new condition in 13   the newborn screening, including the current newborn screening 14   capacity to screen for the new condition and the resources 15   necessary to screen for the new condition going forward. 16   If the advisory committee recommends inclusion of a new 17   condition, the department shall include the new condition in 18   the newborn screening within eighteen months of receipt of the 19   recommendation. 20   5.   4. The department shall submit a status report to the 21   general assembly, annually, by December 31, regarding all of 22   the following: 23   a. The current conditions included in the newborn screening. 24   b. Any new conditions currently under consideration or 25   recommended by the advisory committee for inclusion in the 26   newborn screening. 27   c. Any new conditions considered but not recommended by the 28   advisory committee in the prior twelve-month period and the 29   reason for not recommending any such conditions. 30   d. Any departmental request for additional program capacity 31   or resources necessitated by the inclusion of a recommended new 32   condition in the newborn screening. 33   e. Any delay and the reason for the delay by the advisory 34   committee in complying with the specified twelve-month time 35   -4-   LSB 1570YH (9) 90   pf/rh   4/ 34             

  H.F. 386   frame in considering or recommending the inclusion of a new 1   condition in the newborn screening to the department. 2   f. Any delay and the reason for the delay by the department 3   in complying with the specified eighteen-month time frame in 4   including a new condition in the newborn screening following 5   receipt of a recommendation from the advisory committee 6   recommending the inclusion of such condition. 7   6.   5. The state hygienic laboratory shall establish 8   the newborn screening fee schedule in a manner sufficient 9   to support the newborn screening system of care including 10   laboratory screening costs, short-term and long-term follow-up 11   program costs, the newborn screening developmental fund, and 12   the cost of the departments newborn screening data system. 13   Sec. 7. ADMINISTRATIVE RULES. The department of health 14   and human services shall adopt rules pursuant to chapter 17A 15   to ensure all of the following: 16   1. That the sole duty of the congenital and inherited 17   disorders advisory committee is to designate the conditions 18   to be included in the newborn screening and in regularly 19   evaluating the effectiveness and appropriateness of the newborn 20   screening. 21   2. That the duties of the advisory committee shall not 22   include supporting the development of special projects and 23   conferences regarding genetic and genomic health care services 24   and issues, or advocating for quality genetic and genomic 25   health care services for all residents in the state of Iowa. 26   CHILD CARE ADVISORY DUTIES   27   Sec. 8. Section 237A.12, subsection 3, Code 2023, is amended 28   to read as follows: 29   3. Rules relating to fire safety for child care centers 30   shall be adopted under this chapter by the state fire marshal 31   in consultation with the department. Rules adopted by the 32   state fire marshal for a building which is owned or leased by a 33   school district or accredited nonpublic school and used as a 34   child care facility shall not differ from standards adopted by 35   -5-   LSB 1570YH (9) 90   pf/rh   5/ 34    

  H.F. 386   the state fire marshal for school buildings under chapter 100 . 1   Rules relating to sanitation shall be adopted by the department 2   in consultation with the director of public health   . All rules 3   shall be developed in consultation with the state child care 4   advisory committee   early childhood Iowa office . The state fire 5   marshal shall inspect the facilities. 6   Sec. 9. Section 237A.25, subsection 1, Code 2023, is amended 7   to read as follows: 8   1. The department shall develop consumer information 9   material to assist parents in selecting a child care provider. 10   In developing the material, the department shall consult with 11   department of health and   human services staff, department of 12   education staff, the state child care advisory committee, the 13   early childhood Iowa state board, and child care resource and 14   referral services. In addition, the department may consult 15   with other entities at the local, state, and national level. 16   Sec. 10. Section 237A.30, subsection 1, Code 2023, is 17   amended to read as follows: 18   1. The department shall work with the early childhood Iowa 19   office in the department of management   established in section 20   256I.5 and the state child care advisory committee   in designing 21   and implementing a voluntary quality rating system for each 22   provider type of child care facility. 23   Sec. 11. Section 256.9, subsection 31, paragraph b, Code 24   2023, is amended to read as follows: 25   b. Standards and materials developed shall include materials 26   which employ developmentally appropriate practices and 27   incorporate substantial parental involvement. The materials 28   and standards shall include alternative teaching approaches 29   including collaborative teaching and alternative dispute 30   resolution training. The department shall consult with the 31   child development coordinating council, the state child care   32   advisory committee established pursuant to section 135.173A 33   the early childhood Iowa office   , the department of health and 34   human services, the state board of regents center for early 35   -6-   LSB 1570YH (9) 90   pf/rh   6/ 34               

  H.F. 386   developmental education, the area education agencies, the 1   department of human development and family studies in the 2   college of human sciences at Iowa state university of science 3   and technology, the early childhood elementary division of the 4   college of education at the university of Iowa, and the college 5   of education at the university of northern Iowa, in developing 6   these standards and materials. 7   Sec. 12. Section 256I.12, subsection 8, Code 2023, is 8   amended to read as follows: 9   8. Duties. The early childhood stakeholders alliance duties 10   shall include but are not limited to all of the following 11   regarding the Iowa early childhood system: 12   a. Coordinate with the early childhood Iowa state board. 13   b. Serve as the state advisory council required under the 14   federal Improving Head Start for School Readiness Act of 2007, 15   Pub. L. No. 110-134, as designated by the governor. 16   c.   Advise and make recommendations to the governor, general 17   assembly, department, and other state agencies concerning   18   policy issues relating to child care. Such advice and   19   recommendations shall relate to child care services; resource 20   and referral services; provider training; quality improvement;   21   public-private partnerships; standards review and development; 22   collaboration with prekindergarten, kindergarten, before and   23   after school programming and facilities and programs supporting 24   the education and development of young children across state 25   departments; improvement of the eligibility determination 26   processes used for state child care assistance and related 27   programs; and program data collection and analysis. 28   Sec. 13. REPEAL. Section 135.173A, Code 2023, is repealed. 29   MENTAL HEALTH AND DISABILITY SERVICES CHILDRENS BEHAVIORAL 30   HEALTH SYSTEM STATE BOARD REPEAL  COMMISSION   31   Sec. 14. Section 225C.2, subsection 14, Code 2023, is   32   amended by striking the subsection. 33   Sec. 15. Section 225C.4, subsection 1, paragraphs c, l, and 34   m, Code 2023, are amended to read as follows: 35   -7-   LSB 1570YH (9) 90   pf/rh   7/ 34                

  H.F. 386   c. Assist the state board in planning for community-based 1   childrens behavioral health services. 2   l. Encourage and facilitate coordination of childrens 3   behavioral health services with the objective of developing 4   and maintaining in the state a childrens behavioral health 5   system to provide behavioral health services to all children 6   in this state who need the services, regardless of the place 7   of residence or economic circumstances of those children. 8   The administrator   department shall work with the state board 9   and other state agencies including but not limited to the 10   department of education and the department of public health   11   to develop and implement a strategic plan to expand access to 12   qualified mental health workers across the state. 13   m. Establish and maintain a data collection and management 14   information system oriented to the needs of children utilizing 15   the childrens behavioral health system, providers, the 16   department, and other programs or facilities in accordance 17   with section 225C.6A . The system shall be used to identify, 18   collect, and analyze service outcome and performance measures 19   data in order to assess the effects of the services on the 20   children utilizing the services. The administrator   department 21   shall annually submit to the state board commission information 22   collected by the department indicating the changes and trends 23   in the childrens behavioral health system. The administrator   24   department shall make the outcome data available to the public. 25   Sec. 16. Section 225C.5, Code 2023, is amended to read as 26   follows:   27   225C.5 Mental health and disability services commission. 28   1. A mental health and disability services commission 29   is created as the state policy-making body for the provision 30   of services to persons with mental illness, an intellectual 31   disability, other developmental disabilities, or brain 32   injury. The commissions voting members shall be appointed 33   to three-year staggered terms by the governor and are subject   34   to confirmation by the senate . Commission members shall be 35   -8-   LSB 1570YH (9) 90   pf/rh   8/ 34                

  H.F. 386   appointed on the basis of interest and experience in the fields 1   of mental health, intellectual disability, other developmental 2   disabilities, and brain injury, in a manner so as to ensure 3   adequate representation from persons with disabilities and 4   individuals knowledgeable concerning disability services. The 5   department shall provide staff support to the commission, and 6   the commission may utilize staff support and other assistance 7   provided to the commission by other persons. The commission 8   shall meet at least four times per year. The voting   membership 9   of the commission shall consist of the following persons who, 10   at the time of appointment to the commission, are active 11   members of the indicated groups: 12   a. Three members shall be members of a county board of 13   supervisors selected from nominees submitted by the county 14   supervisor affiliate of the Iowa state association of counties. 15   b. Two members shall be selected from nominees submitted by 16   the director. 17   c. One member shall be an active board member of a community 18   mental health center selected from nominees submitted by the 19   Iowa association of community providers. 20   d. One member shall be an active board member of an agency 21   serving persons with a developmental disability selected 22   from nominees submitted by the Iowa association of community 23   providers. 24   e. One member shall be a board member or employee of 25   a provider of mental health or developmental disabilities 26   services to children.   27   f. Two members shall be staff members of regional 28   administrators selected from nominees submitted by the 29   community services affiliate of the Iowa state association of 30   counties.   31   g.   One member shall be selected from nominees submitted 32   by the states council of the association of federal, state, 33   county, and municipal employees.   34   h. g. Three members shall be service consumers or family 35   -9-   LSB 1570YH (9) 90   pf/rh   9/ 34          

  H.F. 386   members of service consumers. Of these members, one shall be 1   a service consumer, one shall be a parent of a child service 2   consumer, and one shall be a parent or other family member of a 3   person admitted to and living at a state resource center. 4   i. h. Two members shall be selected from nominees submitted 5   by service advocates. Of these members, one shall be an active 6   member of a statewide organization for persons with brain 7   injury. 8   j.   i. One member shall be an active board member of 9   an agency serving persons with a substance abuse problem 10   selected from nominees submitted by the Iowa behavioral health 11   association. 12   k.   j. One member shall be a military veteran who is 13   knowledgeable concerning the behavioral and mental health 14   issues of veterans. 15   k.   One member shall be selected from nominees submitted by 16   the state court administrator. 17   l.   One member shall be a board member or an employee of a 18   provider of child welfare services.   19   m. One member shall be an administrator of an area education 20   agency.   21   n. One member shall be an educator, counselor, or 22   administrator of a school district.   23   o. One member shall be a sheriff. 24   p. One member shall be a representative from a health care 25   system. 26   l. In addition to the voting members, the membership shall 27   include four members of the general assembly with one member 28   designated by each of the following: the majority leader of 29   the senate, the minority leader of the senate, the speaker of   30   the house of representatives, and the minority leader of the 31   house of representatives. A legislative member serves for a   32   term as provided in section 69.16B in an ex officio, nonvoting 33   capacity and is eligible for per diem and expenses as provided   34   in section 2.10 . 35   -10-   LSB 1570YH (9) 90   pf/rh   10/ 34                                                

  H.F. 386   2. The three-year terms shall begin and end as provided in 1   section 69.19 . Vacancies on the commission shall be filled as 2   provided in section 2.32 . A member shall not be appointed for 3   more than two consecutive three-year terms. 4   3. Members of the commission shall qualify by taking the 5   oath of office prescribed by law for state officers. At its 6   first meeting of each year, the commission shall organize by 7   electing a chairperson and a vice chairperson for terms of 8   one year. Commission members are entitled to a per diem as   9   specified in section 7E.6 and reimbursement for actual and 10   necessary expenses incurred while engaged in their official   11   duties, to be paid from funds appropriated to the department. 12   Sec. 17. Section 225C.7A, subsection 8, paragraph j, Code 13   2023, is amended to read as follows: 14   j. If the department has made its decisions but has 15   determined that there are otherwise qualifying requests for 16   incentive funds that are beyond the amount available in the 17   incentive fund for a fiscal year, the department shall compile 18   a list of such requests and the supporting information for 19   the requests. The list and information shall be submitted to 20   the commission , the childrens behavioral health system state   21   board, and the general assembly. 22   Sec. 18. Section 331.388, subsection 7, Code 2023, is 23   amended by striking the subsection. 24   Sec. 19. Section 331.397A, subsection 3, Code 2023, is 25   amended to read as follows: 26   3. Pursuant to recommendations made by the state board, the   27   The department of health and human services shall adopt rules 28   to define the services included in the core domains listed in 29   this section . The rules shall provide service definitions, 30   service provider standards, service access standards, and 31   service implementation dates, and shall provide consistency, 32   to the extent possible, with similar service definitions under 33   the medical assistance program. 34   Sec. 20. REPEAL. Sections 225C.51 and 225C.52, Code 2023, 35   -11-   LSB 1570YH (9) 90   pf/rh   11/ 34             

  H.F. 386   are repealed. 1   COMMISSION ON AGING 2   Sec. 21. Section 231.11, Code 2023, is amended to read as 3   follows: 4   231.11 Commission established. 5   The commission on aging is established which shall consist 6   of eleven   seven members . One member each shall be appointed 7   by the president of the senate, after consultation with the 8   majority leader of the senate, and by the minority leader of   9   the senate, from the members of the senate to serve as ex 10   officio, nonvoting members. One member each shall be appointed   11   by the speaker of the house of representatives and by the 12   minority leader of the house of representatives, from the 13   members of the house of representatives to serve as ex officio,   14   nonvoting members. Seven members shall be appointed by the 15   governor subject to confirmation by the senate . Not more than 16   a simple majority of the governors appointees shall belong to 17   the same political party. At least four of the seven members 18   appointed by the governor shall be fifty-five years of age or 19   older when appointed. 20   Sec. 22. Section 231.12, Code 2023, is amended to read as 21   follows: 22   231.12 Terms. 23   All   The members of the commission appointed by the governor 24   shall be appointed for terms of four years, with staggered 25   expiration dates. The terms of office of members appointed 26   by the governor shall commence and end as provided by section 27   69.19 . Legislative members of the commission shall serve 28   terms of office as provided in section 69.16B . A vacancy on 29   the commission shall be filled for the unexpired term of the 30   vacancy in the same manner as the original appointment was 31   made. If a legislative member ceases to be a member of the   32   general assembly the legislative member may continue to serve 33   until a successor is appointed.   34   Sec. 23. Section 231.13, Code 2023, is amended to read as 35   -12-   LSB 1570YH (9) 90   pf/rh   12/ 34                          

  H.F. 386   follows: 1   231.13 Meetings  officers. 2   Members of the commission shall elect from the commissions 3   membership a chairperson, and other officers as commission 4   members deem necessary, who shall serve for a period of two 5   years. The commission shall meet at regular intervals at 6   least four times each year and may hold special meetings at 7   the call of the chairperson or at the request of a majority 8   of the commission membership. The commission shall meet at 9   the seat of government or such other place as the commission 10   may designate. Members shall be paid a per diem as specified   11   in section 7E.6 and shall receive reimbursement for actual 12   expenses for their official duties. 13   COMMISSION ON TOBACCO USE PREVENTION AND CONTROL 14   Sec. 24. Section 142A.2, Code 2023, is amended to read as 15   follows: 16   142A.2 Definitions. 17   As used in this chapter , unless the context otherwise 18   requires: 19   1.   Administrator means the administrator of the division 20   of tobacco use prevention and control.   21   2. Commission means the commission on tobacco use 22   prevention and control established in   this chapter . 23   3. 1. Community partnership means a public agency or 24   nonprofit organization implementing the tobacco use prevention 25   and control initiative in a local area in accordance with this 26   chapter . 27   4.   2. Department means the Iowa department of public 28   health and human services .   29   5.   3. Director means the director of public health and 30   human services .   31   6.   Division means the division of tobacco use prevention 32   and control of the Iowa department of public health, 33   established pursuant to   this chapter . 34   7.   4. Initiative means the comprehensive tobacco use 35   -13-   LSB 1570YH (9) 90   pf/rh   13/ 34                                         

  H.F. 386   prevention and control initiative established in this chapter . 1   8.   5. Manufacturer means manufacturer as defined in 2   section 453A.1 . 3   9. 6. Pregnant woman means a female of any age who is 4   pregnant. 5   10. School-age youth means a person attending school in 6   kindergarten through grade twelve. 7   11. 7. Tobacco means both cigarettes and tobacco products 8   as defined in section 453A.1 . 9   12.   8. Youth means a person who is five through 10   twenty-four years of age. 11   Sec. 25. Section 142A.3, Code 2023, is amended to read as 12   follows: 13   142A.3 Tobacco use prevention and control    division  14   commission  created . 15   1. The department shall establish, as a separate and 16   distinct division within the department, a division of tobacco 17   use prevention and control. The division   shall develop, 18   implement, and administer the initiative established in this 19   chapter and shall perform other duties as directed by this 20   chapter or as assigned by the director of public health   . 21   2. A commission on tobacco use prevention and control is 22   established to   The department shall develop policy, provide 23   direction for the initiative, and perform all other duties 24   related to the initiative and other tobacco use prevention and 25   control activities as directed by this chapter or referred to 26   the commission by the director of public health . 27   3. The membership of the commission shall include the 28   following voting members who shall serve three-year, staggered 29   terms:   30   a. Members, at least one of whom is a member of a racial 31   minority, to be appointed by the governor, subject to   32   confirmation by the senate pursuant to sections 2.32 and 69.19 , 33   and consisting of the following:   34   (1) Three members who are active with nonprofit health 35   -14-   LSB 1570YH (9) 90   pf/rh   14/ 34                                                

  H.F. 386   organizations that emphasize tobacco use prevention or who are 1   active as health services providers, at the local level.   2   (2) Three members who are active with health promotion 3   activities at the local level in youth education, nonprofit 4   services, or other activities relating to tobacco use   5   prevention and control.   6   b. Three voting members, to be selected by the participants 7   in the annual statewide youth summit of the initiatives youth 8   program, who shall not be subject to   section 69.16 or 69.16A . 9   However, the selection process shall provide for diversity 10   among the members and at least one of the youth members shall   11   be a female. 12   4. The commission shall also include the following ex 13   officio, nonvoting members:   14   a. Four members of the general assembly, with not more than 15   one member from each chamber being from the same political 16   party. The majority leader of the senate and the minority 17   leader of the senate shall each appoint one of the senate   18   members. The majority leader of the house of representatives   19   and the minority leader of the house of representatives shall 20   each appoint one of the house members.   21   b. The presiding officer of the statewide youth executive 22   body, selected by the delegates to the statewide youth summit.   23   5. In addition to the members of the commission, the 24   following agencies, organizations, and persons shall each 25   assign a single liaison to the commission to provide assistance 26   to the commission in the discharge of the commissions duties: 27   a. The department of education. 28   b. The drug policy coordinator. 29   c.   The department of justice, office of the attorney 30   general. 31   d.   The department of human services. 32   6. Citizen members shall be reimbursed for actual and 33   necessary expenses incurred in performance of their duties.   34   Citizen members shall be paid a per diem as specified in 35   -15-   LSB 1570YH (9) 90   pf/rh   15/ 34                                                               

  H.F. 386   section 7E.6 . Legislative members are eligible for per diem 1   and expenses as provided in   section 2.10 . 2   7. A member of the commission who is convicted of a crime 3   relating to tobacco, alcohol, or controlled substances is 4   subject to removal from the commission.   5   8.   A vacancy on the commission other than for the youth 6   members shall be filled in the same manner as the original 7   appointment for the balance of the unexpired term. A youth 8   member vacancy shall be filled by the presiding officer of the   9   statewide executive body as selected by the delegates to the 10   statewide youth summit.   11   9. The commission shall elect a chairperson from among its 12   voting members and may select other officers from among its 13   voting members, as determined necessary by the commission.   14   The commission shall meet regularly as determined by the 15   commission, upon the call of the chairperson, or upon the call 16   of a majority of the voting members. 17   10.   The commission may designate an advisory council. The 18   commission shall determine the membership and representation   19   of the advisory council and members of the council shall serve 20   at the pleasure of the commission. The advisory council may   21   include representatives of health care provider groups, parent 22   groups, antitobacco advocacy programs and organizations,   23   research and evaluation experts, and youth organizers. 24   Sec. 26. Section 142A.4, Code 2023, is amended to read as 25   follows: 26   142A.4 Commission Department duties. 27   The commission department shall do all of the following: 28   1. Develop and implement the comprehensive tobacco use 29   prevention and control initiative as provided in this chapter . 30   2. Provide a forum for the discussion, development, and 31   recommendation of public policy alternatives in the field of 32   tobacco use prevention and control. 33   3. Develop an educational component of the initiative. 34   Educational efforts provided through the school system shall be 35   -16-   LSB 1570YH (9) 90   pf/rh   16/ 34                                         

  H.F. 386   developed in conjunction with the department of education. 1   4. Develop a plan for implementation of the initiative in 2   accordance with the purpose and intent specified in section 3   142A.1 . 4   5. Provide for technical assistance, training, and other 5   support under the initiative. 6   6. Take actions to develop and implement a statewide 7   system for the initiative programs that are delivered through 8   community partnerships. 9   7. Manage and coordinate the provision of funding and other 10   moneys available to the initiative by combining all or portions 11   of appropriations or other revenues as authorized by law. 12   8. Assist with the linkage of the initiative with child 13   welfare and juvenile justice decategorization projects, 14   education programming, early childhood Iowa areas, and other 15   programs and services directed to youth at the state and 16   community level. 17   9. a.   Coordinate and respond to any requests from a 18   community partnership relating to any of the following: 19   (1)   a. Removal of barriers to community partnership 20   efforts. 21   (2)   b. Pooling and redirecting of existing federal, state, 22   or other public or private funds available for purposes that 23   are consistent with the initiative. 24   (3)   c. Seeking of federal waivers to assist community 25   partnership efforts. 26   b. In coordinating and responding to the requests, the 27   commission shall work with state agencies, the governor, and 28   the general assembly as necessary to address requests deemed 29   appropriate by the commission.   30   10. Adopt rules pursuant to chapter 17A as necessary for the 31   designation, governance, and oversight of the initiative and 32   the implementation of this chapter . The commission   department 33   shall provide for community partnership and youth program input 34   in the rules adoption process. The rules shall include but are 35   -17-   LSB 1570YH (9) 90   pf/rh   17/ 34                 

  H.F. 386   not limited to all of the following: 1   a. Performance indicators for initiative programs, community 2   partnerships, and the services provided under the auspices of 3   community partnerships. The performance indicators shall be 4   developed with input from communities. 5   b. Minimum standards to further the provision of equal 6   access to services. 7   11. Monitor and evaluate the effectiveness of performance 8   measures utilized under the initiative. 9   12. Submit a report to the governor and the general 10   assembly on a periodic basis, during the initial year of   11   operation, and on an annual basis thereafter, regarding 12   the initiative, including demonstrated progress based on 13   performance indicators. The commission   department shall report 14   more frequently if requested by the joint appropriations 15   subcommittee that makes recommendations concerning the 16   commissions departments budget. Beginning July 1, 2005, the 17   commission shall also perform a comprehensive review of the   18   initiative and shall submit a report of its findings to the   19   governor and the general assembly on or before December 15, 20   2005.   21   13. Represented by the chairperson of the commission, 22   annually appear before the joint appropriations subcommittee   23   that makes recommendations concerning the commissions budget 24   to report on budget expenditures and division operations 25   relative to the prior fiscal year and the current fiscal year. 26   14. Advise the director in evaluating potential candidates 27   for the position of administrator, consult with the director 28   in the hiring of the administrator, and review and advise 29   the director on the performance of the administrator in the   30   discharge of the administrators duties. 31   15.   13. Prioritize funding needs and the allocation of 32   moneys appropriated and other resources available for the 33   programs and activities of the initiative. 34   16.   14. Review fiscal needs of the initiative and make 35   -18-   LSB 1570YH (9) 90   pf/rh   18/ 34                                

  H.F. 386   recommendations to the director in the development of budget 1   requests. 2   17.   15. Solicit and accept any gift of money or property, 3   including any grant of money, services, or property from the 4   federal government, the state, a political subdivision, or 5   a private source that is consistent with the goals of the 6   initiative. The commission department shall adopt rules 7   prohibiting the acceptance of gifts from a manufacturer of 8   tobacco products. 9   18.   16. Advise and make recommendations to the governor, 10   the general assembly, and   the director, and the administrator, 11   relative to tobacco use, treatment, intervention, prevention, 12   control, and education programs in the state. 13   19.   17. Evaluate the work of the division and the 14   department relating to the initiative. For this purpose, 15   the commission department shall have access to any relevant 16   department records and documents, and other information 17   reasonably obtainable by the department. 18   20.   18. Develop the structure for the statewide youth 19   summit to be held annually. 20   21.   19. Approve the content of any materials distributed 21   by the youth program pursuant to section 142A.9 , prior to 22   distribution of the materials. 23   Sec. 27. Section 142A.5, Code 2023, is amended to read as 24   follows: 25   142A.5 Director and administrator   duties. 26   1. The director shall do all of the following: 27   a. Establish and maintain the division of tobacco use 28   prevention and control. 29   b.   Employ a separate division administrator, in accordance 30   with the requirements of section 142A.4, subsection 14 , in a 31   full-time equivalent position whose sole responsibility and   32   duty shall be the administration and oversight of the division. 33   The division administrator shall report to and shall serve   34   at the pleasure of the director. The administrator shall 35   -19-   LSB 1570YH (9) 90   pf/rh   19/ 34                                   

  H.F. 386   be exempt from the merit system provisions of chapter 8A, 1   subchapter IV   . 2   c. 1. Coordinate all tobacco use prevention and control 3   programs and activities under the purview of the department. 4   d.   Receive and review budget recommendations from the 5   commission. The director shall consider these recommendations   6   in developing the budget request for the department. 7   2. The administrator shall do all of the following: 8   a.   2. Implement the initiative , coordinate the activities 9   of the commission and the initiative, and coordinate with other 10   tobacco use prevention and control activities as assigned by   11   the director . 12   b. 3. Monitor and evaluate the effectiveness of performance 13   measures. 14   c.   Provide staff and administrative support to the 15   commission. 16   d. 4. Administer contracts entered into under this chapter . 17   e.   5. Coordinate and cooperate with other tobacco use 18   prevention and control programs within and outside of the 19   state. 20   f.   Provide necessary information to the commission to 21   assist the commission in making its annual report to the 22   joint appropriations subcommittee pursuant to   section 142A.4, 23   subsection 13 , and in fulfilling other commission duties 24   pursuant to section 142A.4 . 25   Sec. 28. Section 142A.6, subsections 1, 4, and 5, Code 2023, 26   are amended to read as follows:   27   1. A comprehensive tobacco use prevention and control 28   initiative is established. The division   department shall 29   implement the initiative as provided in this chapter . 30   4. The division   department shall implement the initiative 31   in a manner that ensures that youth are extensively involved 32   in the decision making for the programs implemented under 33   the initiative. The initiative shall also involve parents, 34   schools, and community members in activities to achieve the 35   -20-   LSB 1570YH (9) 90   pf/rh   20/ 34                                                

  H.F. 386   results desired for the initiative. The division department 1   shall encourage collaboration at the state and local levels 2   to maximize available resources and to provide flexibility to 3   support community efforts. 4   5. Procurement of goods and services necessary to implement 5   the initiative is subject to approval of the commission   6   department . Notwithstanding chapter 8A, subchapter III , or any 7   other provision of law to the contrary, such procurement may 8   be accomplished by the commission under its own competitive   9   bidding process which shall provide for consideration of 10   such factors as price, bidder competence, and expediency in   11   procurement. 12   Sec. 29. Section 142A.8, subsections 2 and 3, Code 2023, are 13   amended to read as follows: 14   2. A community partnership area shall encompass a county 15   or multicounty area, school district or multischool district 16   area, economic development enterprise zone that meets the 17   requirements of an urban or rural enterprise community under 18   Tit. XIII of the federal Omnibus Budget Reconciliation Act of 19   1993, or early childhood Iowa area, in accordance with criteria 20   adopted by the commission   department for appropriate population 21   levels and size of geographic areas. 22   3. The commission   department shall adopt rules pursuant to 23   chapter 17A providing procedures for the initial designation 24   of community partnership areas and for subsequent changes to 25   the initially designated areas. 26   Sec. 30. Section 142A.10, Code 2023, is amended to read as   27   follows: 28   142A.10 Funding of programs delivered through community 29   partnerships. 30   1. The commission   department shall develop and implement a 31   statewide system for the initiative programs that are delivered 32   through community partnerships. 33   2. The system shall provide for equitable allocation of 34   funding for initiative programs among the states community 35   -21-   LSB 1570YH (9) 90   pf/rh   21/ 34                    

  H.F. 386   partnership areas, based upon school-age population and other 1   criteria established by the commission   department . 2   3. The specific programs, distribution provisions, and 3   other provisions approved by the commission department for 4   expenditure of the maximum allocation amount established for 5   a community partnership area shall be outlined in the written 6   contract with the community partnership. 7   4. Any allocation received by a community partnership 8   shall be matched with local funding, in-kind services, office 9   support, or other tangible support or offset of costs. 10   DEPENDENT ADULT PROTECTIVE ADVISORY COUNCIL 11   Sec. 31. Section 235B.1, subsection 4, Code 2023, is amended 12   to read as follows: 13   4. a. The establishment of a dependent adult protective 14   advisory council. The advisory council shall do all of the 15   following: 16   (1) Advise the director of health and   human services, 17   the director of the department on aging,   the director of 18   inspections and appeals, the director of public health,   and the 19   director of the department of corrections , and the director of 20   human rights   regarding dependent adult abuse. 21   (2) Evaluate state law and rules and make recommendations 22   to the general assembly and to executive branch departments 23   regarding laws and rules concerning dependent adults. 24   (3) Receive and review recommendations and complaints from 25   the public, health care facilities, and health care programs 26   concerning the dependent adult abuse services program. 27   b. (1) The advisory council shall consist of twelve   nine 28   members . Eight members who shall be appointed by and serve at 29   the pleasure of the governor. Four of the members appointed   30   shall be appointed on the basis of knowledge and skill related 31   to expertise in the area of dependent adult abuse including   32   professionals practicing in the disciplines of medicine, public 33   health, mental health, long-term care, social work, law,   34   and law enforcement. Two of the members appointed shall be 35   -22-   LSB 1570YH (9) 90   pf/rh   22/ 34                      

  H.F. 386   members of the general public with an interest in the area of 1   dependent adult abuse and two of the members appointed shall   2   be members of the Iowa caregivers association. In addition, 3   the membership of the council shall include the director or the 4   directors designee of the department of human services, the   5   department on aging, the Iowa department of public health, and   6   the department of inspections and appeals. 7   (2) The members of the advisory council shall be appointed 8   to terms of four years beginning May 1. Appointments shall 9   comply with sections 69.16 and 69.16A . Vacancies shall be 10   filled in the same manner as the original appointment. 11   (3)   Members shall receive actual expenses incurred while 12   serving in their official capacity. 13   (4)   (3) The advisory council shall select a chairperson, 14   annually, from its membership. 15   DOMESTIC ABUSE DEATH REVIEW TEAM 16   Sec. 32. Section 135.109, subsection 7, Code 2023, is 17   amended by striking the subsection. 18   Sec. 33. Section 135.110, subsection 5, Code 2023, is 19   amended by striking the subsection. 20   EARLY CHILDHOOD IOWA STATE BOARD 21   Sec. 34. Section 256I.3, Code 2023, is amended to read as 22   follows: 23   256I.3 Early childhood Iowa state board created. 24   1. The early childhood Iowa state board is created to 25   promote a vision for a comprehensive early care, education, 26   health, and human services system in this state. The board 27   shall oversee state and local efforts. The vision shall be   28   achieved through strategic planning, funding identification, 29   guidance, and decision-making authority to assure collaboration 30   among state and local early care, education, health, and human 31   services systems. 32   2. a. The board shall consist of twenty-one   thirteen voting 33   members with fifteen   nine citizen members and six four state 34   agency members. The six four state agency members shall be 35   -23-   LSB 1570YH (9) 90   pf/rh   23/ 34                       

  H.F. 386   the directors or their designees of the following agencies: 1   economic development authority, education, human rights,   health 2   and human services, public health, and workforce development. 3   The designees of state agency directors shall be selected on 4   an annual basis. The citizen members shall be appointed by 5   the governor , subject to confirmation by the senate . The 6   governors appointments of citizen members shall be made in 7   a manner so that each of the states congressional districts 8   is represented by at least two citizen members and so that 9   all the appointments as a whole reflect the ethnic, cultural, 10   social, and economic diversity of the state. A member of the 11   state board shall not be a provider of services or other entity 12   receiving funding through the early childhood Iowa initiative 13   or be employed by such a provider or other entity. 14   b. The governors appointees shall be selected from 15   individuals nominated by area boards. The nominations shall 16   reflect the range of interests represented on the area boards 17   so that the governor is able to appoint one or more members 18   each for early care, education, health, human services, 19   business, faith, and public interests. At least one of the 20   citizen members shall be a service consumer or the parent of a 21   service consumer. The term of office of the citizen members 22   is three years. A citizen member vacancy on the board shall be 23   filled in the same manner as the original appointment for the 24   balance of the unexpired term. 25   3.   In addition to the voting members, the state board shall 26   include four members of the general assembly with not more than 27   one member from each chamber being from the same political 28   party. The two senators shall be appointed one each by the 29   majority leader of the senate and by the minority leader of   30   the senate. The two representatives shall be appointed one 31   each by the speaker of the house of representatives and by the   32   minority leader of the house of representatives. Legislative 33   members shall serve in an ex officio, nonvoting capacity. A   34   legislative member is eligible for per diem and expenses as 35   -24-   LSB 1570YH (9) 90   pf/rh   24/ 34                   

  H.F. 386   provided in section 2.10 . 1   4.   3. The state board shall elect a chairperson from among 2   the citizen members and may select other officers from the 3   voting members as determined to be necessary by the board. The 4   board shall meet regularly as determined by the board, upon the 5   call of the boards chairperson, or upon the call of a majority 6   of voting members. The board shall meet at least no more than 7   quarterly. 8   HAWKI PROGRAM AND BOARD  MEDICAL ASSISTANCE ADVISORY COUNCIL 9   Sec. 35. Section 249A.4B, subsection 1, Code 2023, is 10   amended to read as follows: 11   1. A medical assistance advisory council is created to 12   comply with 42 C.F.R. 431.12 based on section 1902(a)(4) of 13   the federal Social Security Act and to advise the director 14   about health and medical care services under the medical 15   assistance program. The council shall also serve as an   16   advisory council to the Hawki program pursuant to chapter 17   514I to the extent necessary to comply with federal law.   The 18   council shall meet no more than quarterly. The director of   19   directors designee responsible for public health or their 20   designee   and a public member of the council selected by the 21   public members of the council shall serve as co-chairpersons 22   of the council. 23   Sec. 36. Section 249A.4B, subsection 2, paragraph b, 24   subparagraph (6), Code 2023, is amended by striking the 25   subparagraph. 26   Sec. 37. Section 249A.4B, subsections 4 and 7, Code 2023,   27   are amended to read as follows: 28   4. Based upon the deliberations of the council, the council 29   shall make recommendations to the director regarding the 30   budget, policy, and administration of the medical assistance 31   program and regarding the Hawki program as necessary to comply   32   with federal law .   33   7. The director shall consider the recommendations offered 34   by the council in the directors preparation of medical 35   -25-   LSB 1570YH (9) 90   pf/rh   25/ 34                  

  H.F. 386   assistance and Hawki program budget recommendations to the 1   council on human services pursuant to section 217.3 and 2   in implementation of medical assistance and Hawki   program 3   policies. 4   Sec. 38. Section 249A.4B, subsection 5, Code 2023, is 5   amended by striking the subsection. 6   Sec. 39. Section 514I.1, subsection 2, Code 2023, is amended 7   to read as follows: 8   2. It is the intent of the general assembly that the program 9   be implemented and administered in compliance with Tit. XXI 10   of the federal Social Security Act. If, as a condition of 11   receiving federal funds for the program, federal law requires 12   implementation and administration of the program in a manner 13   not provided in this chapter , during a period when the general 14   assembly is not in session, the department , with the approval   15   of the hawk-i board, shall proceed to implement and administer 16   those provisions, subject to review by the next regular session 17   of the general assembly. 18   Sec. 40. Section 514I.2, subsection 6, Code 2023, is amended 19   by striking the subsection. 20   Sec. 41. Section 514I.4, Code 2023, is amended to read as 21   follows: 22   514I.4 Director and department  duties  powers. 23   1. The director , with the approval of the hawk-i board,   24   shall implement this chapter . The director shall do all of the 25   following: 26   a. At least every six months, evaluate the scope of the 27   program currently being provided under this chapter , project 28   the probable cost of continuing the program, and compare 29   the probable cost with the remaining balance of the state 30   appropriation made for payment of assistance under this chapter 31   during the current appropriation period. The director shall 32   report the findings of the evaluation to the board and shall   33   annually report findings of the evaluation   to the governor and 34   the general assembly by January 1. 35   -26-   LSB 1570YH (9) 90   pf/rh   26/ 34         

  H.F. 386   b. Establish premiums to be paid to participating insurers 1   for provision of health insurance coverage. 2   c. Contract with participating insurers to provide health 3   insurance coverage under this chapter . 4   d. Recommend to the board proposed rules necessary to 5   implement the program. 6   e.   Recommend to the board individuals to serve as members of 7   the clinical advisory committee. 8   2. a. The director , with the approval of the board,   may 9   contract with participating insurers to provide dental-only 10   services. 11   b. The director , with the approval of the board,   12   may contract with participating insurers to provide the 13   supplemental dental-only coverage to otherwise eligible 14   children who have private health care coverage as specified in 15   the federal Childrens Health Insurance Program Reauthorization 16   Act of 2009, Pub. L. No. 111-3. 17   3. The department may enter into contracts with other 18   persons whereby the other person provides some or all of the 19   functions, pursuant to rules adopted by the board   department , 20   which are required of the director or the department under this 21   section . All contracts entered into pursuant to this section 22   shall be made available to the public. 23   4. The department shall do or shall provide for all of the 24   following: 25   a. Determine eligibility for program enrollment as 26   prescribed by federal law and regulation, using policies and 27   procedures adopted by rule of the department pursuant to 28   chapter 17A . The department shall not enroll a child who has 29   group health coverage unless expressly authorized by such 30   rules.   31   b. Enroll qualifying children in the program with 32   maintenance of a supporting eligibility file or database. 33   c. Utilize the departments eligibility system to maintain 34   eligibility files with pertinent eligibility determination and 35   -27-   LSB 1570YH (9) 90   pf/rh   27/ 34           

  H.F. 386   ongoing enrollment information including but not limited to 1   data regarding beneficiaries, enrollment dates, disenrollments, 2   and annual financial redeterminations. 3   d. Provide for administrative oversight and monitoring of 4   federal requirements. 5   e. Perform annual financial reviews of eligibility for each 6   beneficiary. 7   f. Collect and track monthly family premiums to assure that 8   payments are current. 9   g. Notify each participating insurer of new program 10   enrollees who are enrolled by the department in that 11   participating insurers plan. 12   h. Verify the number of program enrollees with each 13   participating insurer for determination of the amount of 14   premiums to be paid to each participating insurer. 15   i. Maintain data for the purpose of quality assurance 16   reports as required by rule of the board   . 17   j. (1) Establish the family cost sharing amounts for 18   children of families with incomes of one hundred fifty percent 19   or more but not exceeding two hundred percent of the federal 20   poverty level, of not less than ten dollars per individual 21   and twenty dollars per family, if not otherwise prohibited by 22   federal law , with the approval of the board   . 23   (2) Establish for children of families with incomes 24   exceeding two hundred percent but not exceeding three hundred 25   percent of the federal poverty level, family cost sharing 26   amounts, and graduated premiums based on a rationally developed 27   sliding fee schedule, in accordance with federal law , with the 28   approval of the board . 29   k. Perform annual, random reviews of enrollee applications 30   to ensure compliance with program eligibility and enrollment 31   policies. Quality assurance reports shall be made to the board   32   compiled based upon the data maintained by the department. 33   l. Perform other duties as determined by the board   director . 34   Sec. 42. Section 514I.6, subsection 4, paragraph d, Code 35   -28-   LSB 1570YH (9) 90   pf/rh   28/ 34          

  H.F. 386   2023, is amended to read as follows: 1   d. Other information as directed by the board   department . 2   Sec. 43. Section 514I.6, subsection 5, Code 2023, is amended 3   to read as follows: 4   5. Submit a plan for a health improvement program to the 5   department , for approval by the board . 6   Sec. 44. Section 514I.8, subsection 2, paragraph e, Code 7   2023, is amended to read as follows: 8   e. Is not currently covered under a group health plan as 9   defined in 42 U.S.C. 300gg-91(a)(1) unless allowed by rule of 10   the board   department . 11   Sec. 45. Section 514I.8, subsection 3, Code 2023, is amended 12   to read as follows: 13   3. In accordance with the rules adopted by the board   14   department , a child may be determined to be presumptively 15   eligible for the program pending a final eligibility 16   determination. Following final determination of eligibility, 17   a child shall be eligible for a twelve-month period. At the 18   end of the twelve-month period, a review of the circumstances 19   of the childs family shall be conducted to establish 20   eligibility and cost sharing for the subsequent twelve-month 21   period. Pending such review of the circumstances of the 22   childs family, the child shall continue to be eligible for 23   and remain enrolled in the same plan if the family complies 24   with requirements to provide information and verification of 25   income, otherwise cooperates in the annual review process, 26   and submits the completed review form and any information 27   necessary to establish continued eligibility in a timely manner 28   in accordance with administrative rules. 29   Sec. 46. Section 514I.9, subsection 1, Code 2023, is amended   30   to read as follows: 31   1. The hawk-i board   department shall review the benefits 32   package annually and shall determine additions to or deletions 33   from the benefits package offered. The hawk-i board   department 34   shall submit the recommendations to the general assembly for 35   -29-   LSB 1570YH (9) 90   pf/rh   29/ 34             

  H.F. 386   any amendment to the benefits package. 1   Sec. 47. REPEAL. Section 514.5, Code 2023, is repealed. 2   INTERAGENCY COORDINATING COUNCIL  REPEAL 3   Sec. 48. REPEAL. Section 691.6B, Code 2023, is repealed. 4   IOWA CHILD DEATH REVIEW TEAM 5   Sec. 49. Section 135.43, subsection 2, paragraphs m and n, 6   Code 2023, are amended by striking the paragraphs. 7   LEADERSHIP COUNCIL FOR CHILD CARE TRAINING AND DEVELOPMENT  8   REPEAL 9   Sec. 50. REPEAL. Section 237A.23, Code 2023, is repealed. 10   EARLY HEARING DETECTION AND INTERVENTION ADVISORY COMMITTEE 11   Sec. 51. EARLY HEARING DETECTION AND INTERVENTION ADVISORY 12   COMMITTEE. The department of health and human services 13   shall adopt rules pursuant to chapter 17A to provide that the 14   membership of the early hearing detection and intervention 15   advisory committee shall be limited to no more than thirteen 16   members, and that the committee shall meet no more than two 17   times per year. 18   MATERNAL AND CHILD HEALTH ADVISORY COUNCIL 19   Sec. 52. MATERNAL AND CHILD HEALTH ADVISORY COUNCIL. The 20   department of health and human services shall adopt rules 21   pursuant to chapter 17A to provide that the membership of the 22   maternal and child health advisory council be limited to a 23   total of no more than fifteen members, which shall not include 24   discretionary members or members of the general assembly, and 25   that the council shall meet not more than four times per year. 26   COUNCIL ON HEALTH AND HUMAN SERVICES   27   Sec. 53. Section 217.4, Code 2023, is amended to read as 28   follows:   29   217.4 Meetings of council. 30   The council shall meet at least monthly   every other month . 31   Additional meetings shall be called by the chairperson or 32   upon written request of any three council   members thereof 33   as necessary to carry out the duties of the council. The 34   chairperson shall preside at all meetings or in the absence 35   -30-   LSB 1570YH (9) 90   pf/rh   30/ 34      

  H.F. 386   of the chairperson the vice chairperson shall preside. The 1   members of the council shall be paid a per diem as specified in   2   section 7E.6 and their reasonable and necessary expenses. 3   PER DIEM AND REIMBURSEMENT 4   Sec. 54. PER DIEM AND REIMBURSEMENT. Beginning July 1, 5   2023, notwithstanding any provision to the contrary, members 6   of the following entities shall not be entitled to a per diem 7   as specified in section 7E.6 or reimbursement for actual and 8   necessary expenses incurred while engaged in their official 9   duties: 10   1. The center for congenital and inherited disorders 11   advisory committee established in section 136A.3A. 12   2. The mental health and disability services commission 13   created in section 225C.5. 14   3. The commission on aging established in section 231.11. 15   4. The dependent adult abuse protective advisory council 16   created in section 235B.1. 17   5. The Iowa domestic abuse death review team created in 18   section 135.110. 19   6. The early childhood Iowa state board created in section 20   256I.3. 21   7. The Iowa child death review team established in section 22   135.43. 23   8. The early hearing detection and intervention advisory 24   committee. 25   9. The maternal and child health advisory council. 26   10. The council on health and human services created in   27   section 217.2. 28   11. The medical assistance advisory council created in 29   section 249A.4B. 30   12. The advisory committee for perinatal guidelines 31   established pursuant to chapter 135 and 641 IAC 150. 32   EXPLANATION 33   The inclusion of this explanation does not constitute agreement with 34   the explanations substance by the members of the general assembly. 35   -31-   LSB 1570YH (9) 90   pf/rh   31/ 34      

  H.F. 386   This bill relates to bodies of the state governmental 1   structure under the purview of the department of health and 2   human services (HHS). 3   The bill amends provisions relating to the legislative 4   health policy oversight committee to provide that the committee 5   may meet annually. Currently, the committee is required 6   to meet at least two times annually during the legislative 7   interim. 8   The bill requires that any statutory board, commission, 9   committee, or council under the purview of HHS shall provide 10   hybrid meeting, teleconference participation, virtual meeting, 11   and remote participation options for members to participate in 12   official meetings. 13   The bill eliminates the advisory council on brain injuries. 14   The bill amends provisions relating to the congenital and 15   inherited disorders advisory committee. The bill provides 16   that the advisory committee is established solely to assist 17   in designating the conditions to be included in the newborn 18   screening and in regularly evaluating the effectiveness and 19   appropriateness of the newborn screening. The bill limits the 20   voting membership to 15 voting members, and authorizes the 21   advisory committee to meet at least once per year. The bill 22   directs HHS to adopt administrative rules to ensure that the 23   duties of the council do not include those relating to genetic 24   and genomic health care services including special projects and 25   conferences. 26   The bill eliminates the child care advisory committee and 27   includes the duties of the former committee in the duties of   28   the early childhood stakeholders alliance under Code chapter 29   256I (early childhood Iowa initiative). 30   The bill eliminates the childrens behavioral health system 31   state board and amends the membership of the mental health and 32   disability services commission. 33   The bill amends the membership of the commission on aging by 34   reducing the number of members from 11 to 7 and by eliminating 35   -32-   LSB 1570YH (9) 90   pf/rh   32/ 34  

  H.F. 386   commission members who are members of the general assembly. 1   The bill eliminates the commission on tobacco use prevention 2   and control and transfers the duties of the commission to the 3   department or director of HHS. 4   The bill amends the membership of the dependent adult 5   protective advisory committee by reducing the membership from 6   12 to 9 members. 7   The bill amends provisions relating to the Iowa domestic 8   abuse death review team by eliminating authorization for the 9   team to establish committees or panels to which to assign the 10   teams responsibilities and by eliminating authorization for 11   payment of member actual and necessary expenses. 12   The bill amends provisions relating to the early childhood 13   Iowa state board by reducing the membership of the board 14   from 21 to 13 voting members, appointed by the governor but 15   not subject to confirmation by the senate. The bill also 16   eliminates members of the general assembly from membership on 17   the board. 18   The bill eliminates the Hawki board and requires the medical 19   assistance advisory council to also serve as the advisory 20   council to the Hawki program to the extent necessary to comply 21   with federal law. 22   The bill eliminates the interagency coordinating council; 23   eliminates certain membership positions on the Iowa child death 24   review team; repeals the leadership council for child care 25   training and development; directs HHS to adopt administrative 26   rules to provide that the membership of the early hearing 27   detection and intervention advisory committee is limited to 28   no more than 13 members and shall meet no more than two times 29   annually; and directs HHS to adopt administrative rules to 30   provide that the membership of the maternal and child health 31   advisory council is limited to no more than 15 members, which 32   shall not include discretionary members or members of the 33   general assembly, and that the council shall meet no more than 34   four times annually. 35   -33-   LSB 1570YH (9) 90   pf/rh   33/ 34  

  H.F. 386   The bill limits the meetings of the council on health and 1   human services to at least every other month rather than at 2   least monthly. 3   The bill eliminates language that specifically provides for 4   per diem or reimbursement for actual and necessary expenses 5   incurred while members of certain councils, committees, or 6   other bodies are engaged in their official duties. The bill 7   also provides that beginning July 1, 2023, the councils, 8   committees, and other bodies specified, most of which are 9   included in the bill, shall not be entitled to per diem or 10   reimbursement for actual and necessary expenses incurred while 11   engaged in official duties. 12   -34-   LSB 1570YH (9) 90   pf/rh   34/ 34