April 2, 2004

In This Edition:

End Is Near…But Not ThatNear

State Budget News

Call to Action

Bills to Watch

Important Dates

Advocacy Toolkit

InfoNetContacts

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End is Near…But Not That Near

Tom Sawyer author Mark Twain once said, “reports of my death are greatly exaggerated” after a newspaper ran his obituary while he was still alive. Likewise, lobbyists, legislators, and the press all have been reporting the legislative session will end today or next Thursday. That too appears to be greatly exaggerated.
Legislators really thought they could be done by next Thursday (April 8), in time to send people home for the long Easter weekend. While the list of issues they have to do this year is getting smaller and smaller, the big issue still unresolved is the gambling debate.
Senators must decide this year if they want to expand gambling, and how they will tax riverboat and racetrack casinos. If they do not change the gambling bill or current laws, the state will lose $80 million in funding for infrastructure projects. This is money that pays for libraries, roads, state parks, environmental and clean water programs, volunteer firefighter training, ADA compliance in state buildings, and a whole lot more. It was a source of money that was being looked at to pay for the Help America Vote Act.
Nearly everyone has a stake in this issue. Senators think they can make changes to narrow that loss to $30 million, but that still means a lot of projects will get no state money this year. Once they reach agreement, the end will be in sight.
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State Budget News
The biggest news during the last two weeks is the budget. With some late night drama, the Senate Appropriations Committee went into the wee hours of the morning to pass the budget bill last week, after debating 50 amendments. On Tuesday evening, the full Senate debated the bill (SF 2298) and passed it out with few changes.
The 2005 budget spends just over $5 billion, including money from the state’s savings account (called the Cash Reserve Fund). Critics of the budget are concerned about it draining the state’s reserves and continuing to depend on the Senior Living Trust Fund to pay for Medicaid shortfalls. However, supporters point to the budget’s use of these moneys as a way to avoid raising taxes while making sure Iowans continue to receive the same level of services.
That’s the good news. This budget continues to fund all optional services, keeps provider rates the same, and continues to serve the same populations. While it does not enact any of the redesign or mental health expansions recommended by the Governor, it does allow DHS and the MH/MR/DD/BI Council to adopt emergency rules to start the redesign process. This allows DHS to move quickly, without the usual six-month delay in adopting rules.
The budget also states that part of the $20 million currently used to help nursing homes develop assisted living programs be used to “develop less restrictive community-based services for placement of persons currently residing in state resource centers.” This language was recommended by DHS and sends a strong signal that the state is serious about giving consumers more choices.
SF 2298 is now ready for the House to debate. It passed out of the House Appropriations Committee yesterday morning, and will likely be debated on Monday or Tuesday.
The following services and agencies will get the current level of funding for next year:
  • Deaf Services Division/Department of Human Rights
  • Persons with Disabilities Division/Department of Human Rights
  • Department for the Blind
  • Vocational Rehabilitation/Department of Education
  • Centers for Disabilities & Development/University of Iowa
  • Employment Policy Group (formerly CEO Project)
  • Child Health Specialty Clinics
  • MH/DD Community Services
  • Family Support Subsidy & the Children-at-Home Pilot
  • Cherokee, Clarinda, Independence, & Mt. Pleasant Mental Health Institutes
  • MI/MR/DD State Cases (for persons without legal settlement)
  • Iowa Compass Program
  • Personal Assistance Services Pilot Program
  • Prevention of Disabilities Policy Council
  • Civil Rights Commission
Increased funding was provided to the following services and agencies for next year:
  • State School for the Deaf ($161,994 increase for operations)
  • Iowa Braille & Sight Saving School ($90,630 increase for operations)
  • Medicaid ($19,308,028 increase to maintain current level of service)
  • State Supplementary Assistance ($74,400 increase for additional clients)
  • Glenwood ($2,489,502 increase to comply with Department of Justice changes)
  • Resident Advocate Committee training ($60,000 increase)
  • Long-Term Care Resident Advocates ($140,000 increase for 2 new advocates)
  • MH/DD Allowed Growth (2% growth - $4.8 million increase)
  • Elderly & Disabled Property Tax Credit ($3.3 million increase)
The bill also:
  • Decreases funding for Woodward by $57,994 (but additional funds are included elsewhere to make changes recommended by the US Department of Justice).
  • Scoops the entire 2005 Mental Health Risk Pool ($2 million), which was available to counties that have unexpected mental health costs come up.
  • Creates a Medicaid Mental Health Quality of Care Improvement Committee to look for ways to save money, serve people better, and enhance access to mental health services. The committee includes mental health advocates, consumers, and providers.
  • Requires health insurance companies to provide DHS with the names of people they insure, so DHS can identify Medicaid recipients that can first be served through private insurance.
  • Requires DHS bulk purchase durable medical equipment and medical supplies (saving $200,000) and requires private insurance to pay for certain home health care services first, before Medicaid picks up the bill (saving $600,000).
  • Keeps the current monthly family support payment in the Family Support Subsidy Program.
So what isn’t in the bill? Funding for the Help America Vote Act (HAVA). The state needs $765,000 to get the $23 million available at the federal level to help counties and the state make voting more accessible. If we do not find this money, Iowa loses those federal dollars. And more importantly, Iowa loses the federal money but still has to make the changes required under these new federal rules. That means the county and the state will have to make up the difference. Contact your legislators if you are concerned about this!
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Call to Action
With legislators trying to wrap things up in the next two weeks, now is the time for action. Things happen quickly in the last weeks of the legislative session, and sometimes changes are made without proper consideration. That’s why it is important for disability activists to watch what is happening closely, and let their legislators know what they think!
If you see anything in this update that concerns you – or pleases you – contact your legislators now. You can call your Representative and your Senator at home over the weekend, or you can call them during the week (Monday through Thursday) at the following numbers:
Senators: 515-281-3371
Representatives: 515-281-3221
Listen to debate on the Internet: .
Three issues in particular need help if they are to be addressed this year – mental health funding, mental health parity and the Help America Vote Act (HAVA). If any of these issues is important to you, read on!
Issue 1: Mental Health Funding
As you read, the current omnibus budget bill being considered by the Legislature includes Mental Health Allowable Growth funding for 2005 at the Governor/Lt. Governor’s recommended level, an increase of $4.6 Million. Good work advocates, getting legislative leadership to include this funding level in their budget.
The MHDD Redesign bill has passed out of the House and made it through both funnels. This means the bill is still alive and it now goes to the Senate. It must be passed out of the Senate prior to the close of this legislative session.

However, there is still work to be done:

The Governor/Lt. Governor’s FY05 budget provided $5 million to support the redesign of the mental health system. There is no funding in the budget for the MH/DD Redesign.
The Medicaid budget continues to be under-funded. While there appears to be an increase of $19 million, this is not nearly enough to pay for the expected use. The Governor/Lt. Governor’s budget proposed $391.4 million for Medicaid; the current budget proposes $352.8 million. This is a difference of almost $39 million. We need to encourage legislators to support needed Medicaid funding.
The Health and Human Services budget overall is down by at least $70 Million. This will drastically impact all services to vulnerable Iowans, including people with disabilities.
Republican legislative leaders have indicated that the session may wrap up soon. Time is short, so we encourage you to contact legislative leadership NOW to share your concerns and advocate for sufficient funding to address these important needs. Time is of the essence. Please take the time to call and to email the leadership.
Speaker of the House: Rep. Christopher Rants (515-281-5566)
House Majority Leader: Rep. Chuck Gipp (515-281-3054)
House Appropriations Chair: Rep. Bill Dix (515-281-5039)
President of the Senate: Sen. Jeff Lamberti (515-281-3811)
Senate Majority Leader: Sen. Stewart Iverson (515-281-3560)
Senate Appropriations Chair: Sen. Jeff Angelo (515-281-3271)
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Issue 2: Mental Health Parity
The Mental Health Parity Bill (HF 627) might be dead, but it is not forgotten. This bill, sponsored by Rep. Dan Boddicker, would have required insurance companies to pay for biologically-based mental illnesses in the same way they pay for physical illnesses. The bill does not include some childhood diagnoses and substance abuse, but many legislators think it is a good start.
Legislators are trying to revive this bill, because it is one the Senate has the votes to pass. As you recall, all attempts at passing parity over the last six years have been blocked by the Senate. While it is too late to pass the Boddicker bill, it can be rewritten as an amendment to another bill, such as the budget.
  • If you want to see Mental Health Parity passed once and for all, contact your State Representative on Monday or Tuesday and ask them to amend the budget (or another bill) to enact the Boddicker version of parity (HF 627). Tell them why this is important to you. Your Representative can be reached at: 515-281-3221.
  • After you’ve contacted your State Representative, contact your State Senator and ask him/her to also support any effort to enact Mental Health Parity. Tell them why it is important to you. Your Senator can be reached at: 515-281-3371.
  • Don’t know who your Senator is?
Contact the Legislative Information Office at 515-281-5129, or;
Contact ID Action toll-free at 866-432-2846 (866-432-2847 TTY/TDD), or;
Look it up on the Internet: .
WHAT DOES YOUR SENATOR THINK ABOUT PARITY?
Recently, we polled the Senate to find out where they stand on parity. We asked them if they would support the narrow form of parity presented in HF 627 – and found that we have the support of 28 Senators! Only 26 votes are needed to pass the Senate.

Would Support HF 627 Language (26)

Sen. Daryl Beall (D-Fort Dodge)
Sen. Nancy Boettger (R-Harlan)
Sen. Joe Bolkcom (D-Iowa City)
Sen. Dennis Black (D-Grinnell)
Sen. Mike Connolly (D-Dubuque)
Sen. Thomas Courtney (D-Burlington)
Sen. Dick Dearden (D-Des Moines)
Sen. Bill Dotzler (D-Waterloo)
Sen. Bob Dvorsky (D-Coralville)
Sen. Gene Fraise (D-Fort Madison)
Sen. Mike Gronstal (D-Council Bluffs)
Sen. Jack Hatch (D-Des Moines)
Sen. Jack Holveck (D-Des Moines)
Sen. Wally Horn (D-Cedar Rapids)
Sen. Jack Kibbie (D-Emmetsberg)
Sen. Keith Kreiman (D-Bloomfield)
Sen. Mary Lundby (R-Marion)
Sen. Matt McCoy (D-Des Moines)
Sen. Larry McKibben (R-Marshalltown)
Sen. Herman Quirmbach (D-Ames)
Sen. Amanda Ragan (D-Mason City)
Sen. Don Redfern (R-Cedar Falls)
Sen. Joe Seng (D-Davenport)
Sen. Roger Stewart (D-Preston)
Sen. Maggie Tinsman (R-Bettendorf)
Sen. Steve Warnstadt (D-Sioux City)

Would Consider Supporting:

Sen. Dick Drake (Muscatine) – if no fiscal impact
Sen. Kitty Rehberg (R-Rowley) – undecided, would consider
Sen. Pat Ward (R-West Des Moines) – if minimal fiscal impact
Sen. Doug Shull (R-Indianola) – undecided, would consider

Opposed (9)

Sen. Jerry Behn (R-Boone) – Opposes any insurance mandate.
Sen. Bob Brunkhorst (R-Waverly) – Opposes any insurance mandate.
Sen. Stewart Iverson (R-Dows) – Oppose any insurance mandate.
Sen. David Johnson (R-Ocheyedan) – Opposes unless insurance industry agrees to not raise premiums; believes it is a federal issue.
Sen. Steve Kettering (R-Lake View) – Opposes any insurance mandate.
Sen. David Miller (R-Fairfield) – Opposes any insurance mandate.
Sen. Neal Schuerer (R-Amana) – Opposes any insurance mandate.
Sen. Bryan Sievers (R-New Liberty) – Opposes, concerned with insurance mandate.
Sen. Ken Veenstra (R-Orange City) – Opposes mandates; supports tax credits

Refused to Answer (1)

Sen. Julie Hosch (R-Cascade)

We were not able to contact nine Senators: Sen. Jeff Angelo (R-Creston); Sen. Thurman Gaskill (R-Corwith); Sen. Hubert Houser (R-Carson); Sen. Jeff Lamberti (R-Ankeny); Sen. Paul McKinley (R-Chariton); Sen. John Putney (R-Gladbrook); Sen. Jim Seymour (R-Woodbine); Sen. Ron Wieck (R-Sioux City); and Sen. Mark Zieman (R-Postville).

AND HOW DID YOUR SENATOR VOTE ON PARITY?
Sen. Matt McCoy, a Des Moines Democrat, offered an amendment to the budget on Tuesday to enact full parity. Full parity means all mental illnesses (biologically based or otherwise) and substance abuse. Here is how your Senator voted:
Supported Amendment S-5202 (24):
BeallFraiseMcCoy
BlackGronstalMcKibben
BolkcomHatchQuirmbach
ConnollyHolveckRagan
CourtneyHornSeng
DeardenKibbieStewart
DotzlerKreimanTinsman
DvorskyLundbyWarnstadt
Opposed Amendment S-5202 (25):
AngeloJohnsonSeymour
BehnKetteringShull
BoettgerLambertiSievers
BrunkhorstMcKinleyVeenstra
DrakeMillerWard
GaskillPutneyWieck
HoschRedfernZieman
Houser Rehberg
IversonSchuerer
As you can see, there is the necessary support for the narrow form of parity presented by Rep. Boddicker – but several supporting legislators switch their position when substance abuse is included. That is why many organizations are now pushing for the narrow version of parity – because the votes are there in the Senate to pass it!
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Issue 3: Help America Vote Act (HAVA)
Yesterday, Secretary of State Chet Culver held a news conference and legislator briefing to encourage funding for HAVA. This year, Iowa must put up $764,492 in order to get $23,749,822 in federal funds. That’s important, because Iowa must comply with HAVA one way or another, with or without federal funds.
Here are some facts presented by Secretary Culver:
  • Iowa received $5 million from the federal government to planning and to start the process of making changes required by HAVA (to make voting more accessible).
  • The Governor was able to find $423,000 a year ago to allow the state to get almost $8.5 million in federal funds. This money would have been lost, as the Legislature did not appropriate the funds necessary to match it.
  • With a total state appropriation of $764,492, Iowa can get all of the funds available for our state’s HAVA efforts. That is $23,749,822 to help counties and the state make voting more accessible to all Iowans.
  • Without these additional funds, Iowa will only collect that $8.5 million. That means we turn away $15.2 million just because we can’t find the matching money. Iowa still must comply with HAVA deadlines for replacing and updating voter registration systems and voting equipment – with or without funding.
Sen. Mike Connolly, a Dubuque Democrat, tried to amend the budget bill to add $777,000 to provide the state match – but it was defeated (Democrats supported it; Republicans opposed it). Republicans say they want the Governor to first sign their HAVA bill; then they will provide the money. As you recall, the current bill enacts HAVA and includes three changes that are not required by HAVA. These three changes are at the heart of the disagreement between Democrats and Republicans. They are:
  • Allows the voter only to return his/her absentee ballot, but allows special election workers to pick up the ballots of confined persons. Absentee ballots would include paid postage (but the appropriation has not yet been made for this – the estimated cost is about $125,00 statewide).
  • Requires the use of official absentee ballot forms. Currently campaigns can make their own and send them to people, or people can write a request on a piece of paper and send it in.
  • Requires political parties and candidates picking up completed absentee ballot requests turn them in within 72 hours and give the voter a receipt.
Legislators will complete their work on the budget in the next week – with the Infrastructure Budget (funded by gambling dollars) to follow soon after. There is no time to waste – if you want Iowa to get all of the federal money reserved for them, contact your State Representative and State Senator and urge them to appropriate the money needed to get the federal dollars!
State Representatives can be reached at: 515-281-3371
State Senator can be reached at: 515-281-3221
Whether you are concerned about HAVA, Parity, or any other issue, do not wait! Do not hesitate! The session will be ending soon and decisions will be final, so contact your legislators now to make sure your voice is heard on the issues that matter to you.
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Bills to Watch

A full bill list can be viewed on the DD Council website (updated on Monday):

Bills that did not make the March 26 funnel have been removed. A “Dead Bill” list will also be available on the website.

Your next update will follow the close of session, sometime in the next two weeks.

Signed by the Governor
HF 2362 - Center for Congenital & Inherited Disorders
SF 2070 - Allowing Wheelchairs on Streets
Bills Sent to the GovernorHF 2134 - Medicaid HCBS Payments to RCFs & SSA Expansion
SF 2272 - Mentally Incompetent to Stand Trial (Chapter 812 Revision)

Bills in House – Ready for Debate