Legislative Update – WEEK 7

2/23/2021 – IMHCA Week 7

1.   Bill of the week

A.     HSB 225-Medicaid Reimbursement

                  i.          The bill provides that if the Medicaid program, including any managed care organization contracting with the state to pay providers for the cost of medical services received by Medicaid members, discovers any overpayment to a provider, the providers shall not be subject to repayment of the overpayment or to offset against future reimbursement of claims by the providers if months or more have elapsed since the overpayment was made.

B.      SSB 1227-Psychiatric Bed Tracking

                 i.          This bill establishes an inpatient psychiatric bed tracking system study committee. DHS to convene a study committed during the interim to examine issues and develop policy recommendations relating to improvement to the inpatient psychiatric bed tracking system including but not limited to expanding the acuity of disabilities a hospital or facility is able to accept in its program to include but not be limited to persons with certain mental disabilities, behavioral disabilities, and sexually or physically aggressive behaviors.

2.   Need to know

A.     SF 389-Public Assistance Program Oversight

                  i.          Bill requires the DHS to conduct an asset test to all members of the household of an applicant for SNAP benefits. Specifies the minimum information, federal, state, and other data sources, and public records that DHS must access prior to determining eligibility for an applicant’s SNAP benefits

1.    Fiscal Note was added: https://www.legis.iowa.gov/docs/publications/FN/1213345.pdf

3.   Bill to watch

A. HF 656 (Formerly known as HF 372)-Non-medical Switching and Continuity of Care

    • A bill for an act relating to continuity of care and non-medical switching by health carriers, health benefit plans, and utilization review organizations, and including applicability provisions

1.    If you are stabilized on a medication, then the insurance can’t just switch you without doctor’s permission

2.    Advocates and patients all supported this bill

a.    insurances companies opposed

        i.        Legislators say that if it wasn’t needed, people wouldn’t be pushing for it. Potential call to action may be needed in the future for this bill

https://www.legis.iowa.gov/legislation/BillBook?ga=89&ba=HF%20656

Note Name Title
Medicaid waiver for SUD-support* HF 108 A bill for an act relating to a Medicaid demonstration waiver to support and improve the delivery of substance use disorder treatment services.

 

Gender Identity Hate Crimes-Undecided* HF 120 A bill for an act modifying the elements defining hate crimes, and providing penalties.

 

Online Continuing Education-support* HF 132 A bill for an act relating to online continuing education courses for maintaining a professional license.

 

Extension of License deadlines-support* HF 133 A bill for an act relating to the extension of deadlines for the completion of continuing education requirements.

 

Bans Transgender bathrooms-Against* HF 187 A bill for an act relating to unfair practices involving access to areas of public accommodations or educational institutions.

 

Legalize Conversion Therapy-Against* HF 193 A bill for an act relating to actions relative to treatment or intervention regarding the discordance between a  minor’s sex and gender identity, and providing civil penalties.

 

Out-of-state Telehealth-undecided* Passed subcommittee on 2/3/21 & passed subcommittee 2/8/21. HF 269 A bill for an act prohibiting certain health carriers from excluding certain out-of-state health care professionals from participating as providers, via telehealth, under the carriers’ policies, plans, and contracts, and including effective date and applicability provisions.

 

Audio only telehealth-support*; passed House HF 431 A bill for an act relating to the provision of audio-only telehealth or telemedicine by health care professionals.(Formerly HF 88.)

 

Reimbursement for SUD. -undecided* HF 446 A bill for an act relating to substance use disorder treatment and behavioral health services and reimbursement, and including effective date provisions.

 

Evaluation of MCO’s-support* HF 447 A bill for an act relating to the evaluation of Medicaid-managed care long-term services and supports.

 

IMD Waiver-undecided* HF 479 A bill for an act relating to a Medicaid demonstration waiver to support and improve the delivery of mental health services through institutions for mental diseases.

 

Supervision for Therapists-supported* HF 485 A bill for an act relating to supervision requirements for licensed marital and family therapists, mental health counselors, and social workers, and including effective date provisions.(Formerly HF 107.)

 

Bed Tracking-Undecided-no one has registered * HF 54 A bill for an act relating to the inpatient psychiatric bed tracking system.

 

Telehealth $ Parity (Formerly 294)-support* HF 612 A bill for an act relating to reimbursement rates for health care services provided to covered persons by telehealth, and including retroactive applicability provisions.

 

Non-medical Switching-support* HF 656 A bill for an act relating to continuity of care and nonmedical switching by health carriers, health benefit plans, and utilization review organizations, and including applicability provisions.(Formerly HF 372.)

 

Mental Health & Disability Services-undecided* HF 661 A bill for an act relating to mental health and disability services regions, and including effective date and retroactive applicability provisions.

 

Non-certified Staff (Formerly HSB 172)-undecided* HF 691 A bill for an act relating to the qualifications of noncertified staff providing early and periodic screening, diagnosis, and treatment benefit services under the Medicaid program.(Formerly HSB 172.)

 

Medicaid Program & Oversight-support* HSB 169 A bill for an act relating to Medicaid program processes and oversight.

 

Occupational therapy licensure-undecided* HSB 201 A bill for an act establishing the occupational therapy licensure compact.

 

Medicaid Reimbursement-support* HSB 225 A bill for an act relating to the time frame applicable to the adjustment of overpayment of claims under the Medicaid program, and including effective date provisions.

 

Non medical switching-support* 2/15 indefinite post-ponement SF 178 A bill for an act relating to continuity of care and nonmedical switching by health carriers, health benefit plans, and utilization review organizations, and including applicability provisions.

 

Transportation Services for disabled-support* SF 293 A bill for an act including transportation services as a core service domain under the regional mental health and disability services system.

 

Continuing Education Requirements (Formerly SF 163) SF 354 A bill for an act relating to continuing education requirements for persons holding certain professional and occupational licenses. (Formerly SF 163.)

 

Public Assistance Program Oversight – oppose* 2/22 Fiscal Note: https://www.legis.iowa.gov/docs/publications/FN/1213345.pdf SF 389 A bill for an act relating to public assistance program oversight.(Formerly SSB 1125.)

 

Competitive Grant – undecided* SF 398 A bill for an act relating to a mental health service providers competitive grant program for school districts and area education agencies, making an appropriation, and including effective date provisions.

 

Certificate of need-undecided. Broadlawns is undecided-undecided* SF 4 A bill for an act relating to the elimination of the certificate of need process relating to the development of a new or changed institutional health service.

 

Apprenticeship- 2/18 subcommittee passed-undecided* SF 424 A bill for an act relating to the licensure of persons completing an apprenticeship, and including effective date provisions.(Formerly SSB 1149.)

 

Psychology interjurisdictional-undecided.-undecided* SF 78 A bill for an act adopting the psychology interjurisdictional compact.

 

Telehealth $ parity-registered as support*; incomplete needs amendment SF 92 A bill for an act relating to reimbursement rates for health care services provided to covered persons by telehealth, and including effective date and retroactive applicability provisions.

 

Operation of State Government-Passed subcommittee with amendments on 2/3-Undecided* SSB 1046 A bill for an act relating to the operation of state government, including the review of state boards, the regulation of professions and occupations, and investigations conducted by state boards, and including effective date and applicability provisions.

 

Felon voting rights – Support* SSB 1134 A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the qualifications of electors.

 

Medicaid Program Processes & Oversight-Support* Passed subcommittee 2/15 SSB 1164 A bill for an act relating to Medicaid program processes and oversight.

 

Psychiatric Bed Tracking-undecided* SSB 1227 A bill for an act establishing an inpatient psychiatric bed tracking system study committee.

 

Hospitalization for Mental Health-undecided

Changing on 2/26 to supporting due to updated information from Senator Steve Johnson.

SSB 1229 A bill for an act relating to reports prepared by a chief medical officer, licensed physician, or a mental health professional concerning the hospitalization of a person with a mental illness.

This is from Steve Johnson: Please consider supporting this bill sponsored by Sen Edler. This will not cost a dime and increase our psychiatric workforce.

The psychiatrist or other mental health professional can submit a medical recommendation instead of a full court report.

The recommendation options:

1. Commit this person to a hospital or another facility,
2. Commit this person on an outpatient basis,
3. Dismiss the commitment.
This recommendation may or may not be part of the hospital’s medical record. So there should be no HIPPA concerns and even less Protected Health information shared.

Of course the psychiatry team is still subject to verbal testimony if the case goes to hearing.

If this passes we will build our medical recommendation into our Electronic Medical Record which we already submit to the court and will streamline our process.