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Legislative Update – Week 5 – 2/7 – 2/11

The legislative session is busy as it nears the final week before funnel. To make sure introduced bills can make it through the legislative process, they need to be through at least a committee hearing on either the Senate or House side. After funnel, the number of eligible bills that can be debated drops significantly.

Education is still the most debated topic at the Capitol. Between school funding, cameras in classrooms, transgender athletes, school choice, and more, there is significant media and legislative attention focused on schools.

For LAI members, several key bills moved forward and are protected from the first funnel, including temporary staffing agency, Governor’s workforce bill, and a CON bill that nursing facilities are carved out of.

Temporary Staffing Agency Bills

SF 2210 and HSB 638 made their way through the legislative process this week and is through the Committee Human Resources on the House side and should pass through the Senate next week. If the bill does so, then the bill is protected from any other funnel deadlines.

On the House side, the subcommittee and House Human Resources committee had unanimous support from both parties. During the subcommittee hearing, there was no one who spoke out against the bill. LAI was on hand and discussed the workforce shortage and the financial toll temporary staffing agencies are having on Medicaid.

In the Senate, the bill passed out of subcommittee unanimously and heads to the full Senate Human Resources next week.

These bills are priorities for LAI, and we will continue to advocate on their passage. As a reminder, the bills would regulate temporary staffing agencies for the first time, require agency staff employed or contracted by a temporary staffing agency to be properly credentialed to work in a facility, prohibit non-compete clauses, require temporary staffing agencies to publish their charges of facilities and payments to agency staff, and other regulations.

Governor’s Workforce Bill

The Governor released her workforce bills, SSB 3123 and HSB 682, targeted at assisting various industries deal with shortages, and health care was a large component of it.

While many of the initiatives are focused on increasing capacity for rural doctors, the bill does revamp the health care loan repayment program. Renamed the Health Care Award program, it eases the restrictions on who is able to receive the reward and makes the award a flat $6,000 a year for up to five years. For LAI members, this award program could be used to support RNs. The changes would need to be attached to an increased appropriation to fully expand the scope of the program.

There is also a section that expands work-based learning initiatives in the state. The legislation directs the educational examiners to adopt rules to create a certification process for work-based program supervisors located in high schools whose purpose is to identify and develop work-based learning programs in grades 9-12.

The bill would also allow military spouses of active-duty personnel who move into the state to expedite the process to receive certifications, and it waives the fees for credentials for veterans if they have a certain threshold of VA disability.

LAI came out in support of the bills. The Senate version is through a subcommittee, and LAI expects both versions of the bill to pass out of committees next week.

CON Bill

This week saw the introduction of SF 2255 which would alter the CON process for all entities other than nursing facilities. The bill is in flux in regard to the specific language and scope, but the bill that passed out of subcommittee was a complete repeal of the CON process except for nursing facilities. At this time, the expectation is that nursing facilities will remain exempt from the repeal.

LAI is registered as undecided on the bill and has shared with legislators to need to have dialog about the issue. Prior to the start of the pandemic, LAI had created a CON committee to review CON and work with IDPH to discuss the current regulations. Due to the public health emergency, that discussion was put on hold. LAI has connected with IDPH to state our interest in restarting the conversation.

Action Alert

LAI sent out an action alert related to support of workforce and the temporary agency bills. Additionally, the action alert asks legislators for a virtual meeting in lieu of our LAI Day on the Hill. If you have not sent a letter to your legislator, please take some time by following the link below:

Support Workforce Initiatives and HSB 638

Legislative Forums

Saturday, Feb 12

  • 8:00-9:00 a.m. | Creston Legislative Forum, Creston City Hall 
  • 8:30-9:30 a.m. | Oskaloosa Eggs & Issues Forum, Smokey Row Coffee.
  • 9:00-10:30 a.m. | Virtual Des Moines Legislative Coffee, Virtual Link. 
  • 9:00-10 a.m. | Plainfield Legislative Town Hall, Plainfield Public Library Community Room
  • 10:00-11:00 a.m. | Corning Legislative Forum, Corning Public Library
  • 10:00-11:00 a.m. | Denison Legislative Forum, Bake Shop and Hollywood Cafe
  • 11:00-Noon | Frederika Legislative Town Hall, Frederika Community Center Community Room.

Sunday, Feb 13

  • 11:00 a.m.-Noon | Readlyn Legislative Town Hall, Readlyn Library

Bill Tracker

Bill Number Sponsor Summary Position Status
Key Legislation        
HF 2171  Human Resources   Authorizes DHS to release NF rates prior to receiving approval of a state plan amendment from CMS. The bill would authorize DHS to retroactively adjust NF rates released prior to receipt of federal approval and to retroactively reconcile payments based on such rates as necessary to reflect any differences between the rates submitted and the rates actually approved by CMS to align the rates with available funding.   For  1/31/2022 - Placed on House Calendar 
SF 2057  Carlin  Related to authorized electronic monitoring in nursing facilities. The bill creates a code section outlining the procedures for implementing electronic monitoring, including allowing electronic monitoring, standards for consent to electronic monitoring, refusal of roommate consent, notice and consent forms, notice to visitors, penalties for obstruction of electronic monitoring devices and dissemination of the recordings, admissibility of the recordings as evidence, liability for facilities, and resident protections.   Against  01/20/2022 Subcommittee: Johnson, Bolkcom, and Green. 
HF 2205  McConkey, Anderson, Thede, Cahill, Donahue, Staed, and Jacobsen  Related to authorized electronic monitoring in nursing facilities. The bill creates a code section outlining the procedures for implementing electronic monitoring, including allowing electronic monitoring, standards for consent to electronic monitoring, refusal of roommate consent, notice and consent forms, notice to visitors, penalties for obstruction of electronic monitoring devices and dissemination of the recordings, admissibility of the recordings as evidence, liability for facilities, and resident protections.   Against  2/02/2022, referred to Human Resources 
HF 638  Human Resources   The bill targets temporary staffing agencies. The bill requires the following: 1) health care employment agencies to register with DIA and pay an annual fee; 2) Requires temp agencies to make sure staff are fully and properly credentialed and maintain those records; 3) maintain general liability insurance coverage; 4) the temp agency cannot contractually restrict providers through non-complete clauses and damages; 5) the temp agency must provide a quarterly report to the department on a quarterly basis that includes a detailed list of the average amount charged to the health care entity for each individual agency worker category and a detailed list of the average amount paid by the agency to agency workers in each individual agency worker category; 6) provides penalties to the temp agencies who do not comply with the law.   For  2/9/2022 - Passed House Human Resources 
SF 2210 Edler  The bill targets temporary staffing agencies. The bill requires the following: 1) health care employment agencies to register with DIA and pay an annual fee; 2) Requires temp agencies to make sure staff are fully and properly credentialed and maintain those records; 3) maintain general liability insurance coverage; 4) the temp agency cannot contractually restrict providers through non-complete clauses and damages; 5) the temp agency must provide a quarterly report to the department on a quarterly basis that includes a detailed list of the average amount charged to the health care entity for each individual agency worker category and a detailed list of the average amount paid by the agency to agency workers in each individual agency worker category; 6) provides penalties to the temp agencies who do not comply with the law.   For   2/10/2022 - Passed Subcommittee 
HF2279  Labor  Medical Malpractice tort reform. The bill would put a cap of $1,000,000 on noneconomic damages for cases where a jury finds that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death which warrants exceeding the $250,000 cap.   For  2/1/2022 - Passed Labor Committee  
SSB 3093  Labor   Medical Malpractice tort reform. The bill would put a cap of $1,000,000 on noneconomic damages for cases where a jury finds that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, or death which warrants exceeding the $250,000 cap.   For   2/4/2022 - Subcommittee: Schultz, Brown, and Petersen. 
SF 2255 Human Resources   The bill repeals the CON process in Iowa except for nursing facilities.  Undecided 2/10/2022 - Introduced, placed on the calendar 
SSB 3123 Governor Reynolds  The bill has 10 different divsions related to workforce. Of interest, there is a section the creates a work-based learning program in high schools for certifications, expands the scope of the health care loan repayment program which could impact RNs, and allow spouses of active duty personnel to have expediated certification process.  For 2/10/2022 - Passed Subcommittee 
HSB 682 Govenror Reynolds  The bill has 10 different divsions related to workforce. Of interest, there is a section the creates a work-based learning program in high schools for certifications, expands the scope of the health care loan repayment program which could impact RNs, and allow spouses of active duty personnel to have expediated certification process.  For   2/8/2022 - Subcommittee: Thompson, Graber and Williams
HSB647 State Government  Would prohibit employers and other entities from asking or adversely acting against those who refuse vaccination status.  Against  2/10/2022 - Passed Subcommitee