Medicaid oversight misses Iowa's 'funnel' deadline but could be revived

DES MOINES — A proposal to add oversight of Iowa's new privately managed Medicaid program, set to launch in three weeks, failed to gain enough support from state lawmakers to survive this week's key legislative deadline.

But Democratic state lawmakers insisted they will continue to advocate for additional Medicaid oversight and likely will add their proposal to their health care budget bill.

It serves as a reminder that even after the Iowa Legislature's so-called 'funnel' deadlines, no legislation is truly dead until the session is completed and lawmakers leave the Capitol.

To remain eligible for consideration the remainder of the 2016 session, policy bills must have the approval of one legislative chamber and a committee in the other by Friday. In Iowa's Legislature — Democrats have the majority in the Senate and Republicans in the House — that means the only bills that met this week's deadline have at least some support from both political parties.

Legislators typically do not meet on Fridays and are not scheduled to do so this week. So Thursday was the funnel's de facto deadline.

However, there are legislative procedures through which almost any bill can be resurrected, typically by amending it to another bill or placing its language into budget bills.

Democrats said Thursday they plan to use the latter method to keep Medicaid oversight alive this year.

Starting April 1, management of the state's $5 billion Medicaid program will be handled by three private health-care companies that won state contracts.

Many Statehouse Democrats opposed the transition, expressing concerns that Medicaid patients may face reduced services. They originally proposed legislation that would have terminated the private management contracts.

When Republicans balked at that proposal and the federal government approved the Medicaid transition, Democrats introduced their oversight bill. House Republicans took a pass on that bill, too, so it did not survive this week's funnel.

'The House's inaction on the oversight bill …

is a disappointment,' Senate President Pam Jochum, D-Dubuque, said Thursday. 'However, I can assure you the fight over Medicaid is not done. You will see the human services budget bill will contain many of the measures that we believe are needed to protect Iowa's most vulnerable citizens.'

Republican leaders said Thursday they are open to considering some Medicaid oversight measures, just not the Democrats' proposal.

'The Senate spent their time working on killing the Medicaid modernization plan, so we talked about that for seven weeks, I believe. Only in the last week have we talked at all about the oversight portion,' said House Speaker Linda Upmeyer, R-Clear Lake.

'That's an 80-page bill that arrived very late last week. So we will look at oversight. We will work on oversight. But that bill just could not be managed in the time frame we were given. So we'll look at opportunities.'

Budget and tax bills are not affected by the funnel deadline.

Full list: bills dead or alive after Iowa Legislature's "funnel" deadline 

Other proposals that failed to survive this week's deadline include:

A Democratic proposal to give the state some oversight authority over private boarding schools. The proposal was in response to a private boarding school in Keokuk that is being investigated by the FBI and state officials over allegations of abuse. The school has since closed.

The Democrat-led Senate passed the bill. Republican leaders said they will defer to the work of the House Oversight Committee.

'I'm a little surprised the House is sitting on their hands on that issue,' Senate Majority Leader Mike Gronstal, D-Council Bluffs, said. 'They're interested in investigating. We're interested in shutting these places down. (Republicans) can investigate until the cows come home. We want to do something about it.'

A Republican bill that would have banned the sale or donation of fetal tissue from abortions for medical research or any other purposes.

Legislation that would have allowed terminally ill patients to try experimental treatments.

A bill that would have added transgender individuals to the classifications protected under the state's hate crimes law.

A controversial bill that would have eliminated the age restriction on when children can handle a handgun.

Current state law permits children to handle long guns but not handguns. The bill would have allowed children to handle handguns under supervision.

'The purpose of that bill was to conform with current language on long guns,' Upmeyer said. 'So, we think it would be clearer for Iowans. We think it would create opportunities for families to teach their children about firearm safety.'

Among the policy bills that remain eligible for consideration this year are:

Gov. Terry Branstad's proposal to use a portion of future school infrastructure sales tax revenue for water-quality improvement projects.

Two proposals, one from each chamber, that would expand the state's limited medical marijuana program. Although the Democrats' plan is more robust, both would allow for cannabidiol to be produced and dispensed in Iowa and would expand the ailments that it could be used for. Currently, Iowans may possess cannabidiol for treatment of epileptic seizures, but they must obtain the product through other states that produce it and sell it to non-residents.

A requirement that high schools staff medical personnel at certain varsity athletic contests for the identification and treatment of concussions.

A proposal to legalize more consumer-grade fireworks.

Legislation that would legalize wagering on daily fantasy sports websites such as FanDuel and DraftKings.

A proposal to centralize and streamline the gun permit process and make those permits confidential.

Senators tweaked the bill to require Iowans to demonstrate proficiency on a shooting range --- removing an online option --- and to require them to carry their permit any time they are carrying their weapon.

Some members indicated they will seek to amend the confidentiality language, which they say is not consistent with the intent of Iowa's open records law.

What's alive, what's dead

Here is a status report on selected non-money bills after Friday's second legislative 'funnel' deadline:

ALIVE

Tie together water quality/school infrastructure funding (HSB601)

Legalize possession/use of consumer fireworks (SF2113)

Ban tanning-bed access to minors under age 17 (HF420/SF232)

Legalize fantasy sports games (HF281/SF166)

'Couple' federal income tax changes to state tax code (HF2092)

Increase state aid to schools for fiscal 2017 (SF174/175)

Legalize possession/transfer of firearm suppressors (HF2279)

Expand medical cannabis access (HSB6070)

Allow ATV/snowmobile operators to carry firearms (HF2283)

Require medical assessment of sports-related concussions (HF2421)

Raise employment provider rate increase (SF2101/HF2272)

Establish confidentiality for weapon permit records (HF2314)

Make juvenile delinquency records secret unless judge makes public (SF2181)

Allow bullied student to open enroll for varsity sports participation (HF2264)

Regulate transportation network companies (HF2219)

Allow some 17-year-olds to vote in primary elections (SF2142)

Report state audit financial irregularities to county attorney (SF2156/HF2118)

Modify probation, parole and work release provisions (SF2059)

Allow lottery ticket sales via self-service kiosks (HSB540)

Expand renewable energy tax credits (SF2223)

Expand statewide preschool program (HF2037/SF2009)

Expand criminal offense for sex exploitation by school employee (HF2011)

Enhance absentee ballot voting for military/overseas Iowans (HF2147)

Include jailers under criminal offense of interference with official acts (SF2115)

Upgrade Iowa's identify theft statute (HF2271)

Modify sex offender registry provisions (HF2149/SF2268)

Amend law dealing with hazardous household waste (SF2181/HSB609)

Modify penalties for trespassing (SF2185)

Report use of state tax proceeds for bridge repair (HF2241)

Create renewable chemical production tax credit (HSB518/SSB3001)

Issue driver's license denoting veteran status (SF2187)

Extend to 10 years child endangerment statute of limitations (SF2183)

Transfer Sac & Fox tribal law enforcement functions (SF2022)

Exempt African hair braiding from state cosmetology licensure (SF2013/HF2094)

Report inventory of untested rape kits (HF2420)

Bar credit card for child without guardian/custodian permission (HF2007)

Change handicapped placards law (HF588)

Require ballot measure to relocate/establish/consolidate county seats (SF165)

Create license plate decal system for nonprofit groups (HF245)

Promote 'Buy Iowa First' program (SF1)

Establish preschool expansion incentive program (SF2237)

Expand to 10 years statute of limitations for kidnapping/human trafficking (HF2278)

Require carbon monoxide alarms in multi-unit dwellings (HF2310)

Allow requests for individuals to obtain own criminal history data (SSB3025)

Expunge public intoxication conviction after two years (SF2164)

Require meningococcal immunization to attend middle/high school (SSB3073)

Expand regulation of commercial animal kennels (SF502)

Create Enhance Iowa Board and fund (SSB3094)

Create state Department of Public Safety human trafficking office (SF2191)

Allow lottery ticket sales from self-service kiosks (HF2146)

Require county engineers to report bridge repairs yearly (HF2345)

Allow emergency personnel to hold elective office (HF2352)

Promote drug overdose prevention efforts (SF410)

Allow release of unclaimed cremated remains (HF2266)

Eliminate civil service residency requirement (HF2267)

Establish AmeriCorps program for refugees (SF2153)

Enact 'right of assistance' local preemption on nuisance property calls (HF493)

Establish seasons and limits for harvesting turtles (HF2357)

Prohibit state from investing in companies boycotting Israel (HF2331)

Extends time permitted for storing animal pelts (HF2343)

Establish a clearinghouse for providing information on state veterans' preference hiring (HF2415)

Expand definition of father for parental rights (HF2270)

DEAD

Beef up oversight for privatized Medicaid managed care (SF2213)

Add transgender to hate-crimes protections/enhancements (SF2284)

Create 'right to try' experimental treatments for terminally ill (HF2231)

Increase state aid to schools by 4 percent in fiscal 2018 (SF2092/2093)

Ban sale/donation of fetal body parts (HF2329)

Create seven new crimes for mistreating animals (SF2289)

Eliminate front vehicle license plate requirement (HF2148)

Require reasonable passing distance between vehicles and bicycles (SF2076)

Strengthen provisions of state wage discrimination law (SF2193)

Bar cities/counties from limiting immigration law enforcement (HF2276)

End privatized Medicaid managed care changeover (SF2125)

Require reasonable passing distance between vehicles and bicycles (SF2076)

Move school board elections from September to November (HF2406)

Strengthen provisions of state wage discrimination law (SF2193)

Remove criminal record 'box' from employment applications (SF84)

Protect gun rights during state of emergency (HF2280)

Amend Iowa Constitution to protect electronic communications from unreasonable search/seizure (HJR2003)

Provide employees up to 40 hours leave for prenatal appointments (SF2243)

Allow schools to direct teacher development money to other purposes (HF2312)

Require reasonable employment accommodations for pregnant workers (SF2098)

Limit classroom and driving time for driver's education (HF2099)

Allow fishing without a license at private lake/pond (HF2262)

Dispense up to 12 months' supply of oral contraceptives under Medicaid (SF2222)

Remove age restriction for possession of gun/revolver (HF2042)

Grant prescription authority to certain licensed psychologists (SF2188/HSB503)

Tighten employment rules to combat employer wage theft (SF398)

Allow straight wall cartridge rifles to hunt deer for minors (HF2047)

Establish sobriety/drug monitoring for offenders (HSB606)

Amend Iowa Constitution to provide right to hunt, fish and harvest wildlife (SJR2003)

Allow any qualified parent to teach their child to drive (HF2110)

Require DOT traffic-cameras certification and fines deposited to courts (HF2109)

Standardize law enforcement data to prevent racial profiling (SF2173)

Establish pre-arrest diversion program for certain offenders (HF2155)

Waive hunter education requirement for military veterans (HSB582)

Bar DNR officials from buying weapons seized as public nuisance (HF2144)

Expand vehicle registration fee exemptions to disabled veterans (HF2259)

Allow .410-gauge shotgun or muzzleloaders to hunt wild turkeys (HF2108)

Bar GPS device placement without consent (HF2077)

Establish veterans' treatment courts in each judicial district (SF2168)

Bar hunting or taking deer by feeding in a baited area (HF2160)

Change criminal penalties involving crack cocaine (SF2186/HF2309)

Require reasonable accommodations for pregnant employees (SF18/SF313)

Bar unauthorized placement of a GPS device (SF416)

Extend time for homeowners to bring action for faulty/defective work (HF2332)

Require health insurance to cover assessment/treatment of eating disorders (SF2019)

Repeal criminal offense of public intoxication (HF2023)

Add dating violence education to school curriculum (SF2077)

Require health insurance coverage for autism spectrum disorders (SF2072)

Oversee private boarding schools (SF2235)

Affix identification to blind or stand used for deer hunting (SF2003)

Extend statute of limitation for criminal acts against a minor (SF2226)

Strengthen Iowa's gift law for government employees/officials (SF2143)