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Amendments › SF 579

Amendment S-3230 to SF 579

Prohibiting and requiring certain actions relating to abortion involving the detection of a fetal heartbeat, and including effective date provisions

Ruled out of order · July 11, 2023Strike everything: replaces the whole bill

Filed July 11, 2023 in the Senate by Sen. Sarah Trone Garriott (D), Sen. Liz Bennett (D), Sen. Tony Bisignano (D), Sen. Nate Boulton (D) and 12 more

What it changes

  1. By striking everything after the enacting clause and inserting: “DIVISION I FAMILY PLANNING Section
  2. IOWA FAMILY PLANNING NETWORK —— MEDICAID STATE PLAN AMENDMENT. The department of health and human services shall submit a Medicaid state plan amendment to the centers for Medicare and Medicaid services of the United States department of health and human services for approval to establish the Iowa family planning network with the same benefits, eligibility requirements, and other provisions included in the Medicaid Iowa family planning network waiver as approved by the centers for Medicare and Medicaid services of the United States department of health and human services in effect on June 30,
  3. Sec.
  4. REPEAL. Section 217.41B, Code 2023, is repealed. Sec.
  5. CONTINGENT EFFECTIVE DATE. The following takes effect upon receipt of approval by the department of health and human services from the centers for Medicare and Medicaid services of the United States department of health and human services of the Medicaid state plan amendment submitted pursuant to this division of this Act to establish the Iowa family planning network: The section of this division of this Act repealing section 217.41B, Code
  6. Sec.
  7. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION II MEDICAID —— EXTENDED POSTPARTUM COVERAGE Sec.
  8. MEDICAID EXTENDED POSTPARTUM COVERAGE OPTION. The department of health and human services shall submit a Medicaid state plan amendment to the centers for Medicare and Medicaid services of the United States department of health and human services for approval of the option to provide twelve months of continuous postpartum coverage under the Medicaid program to pregnant women enrolled in the Medicaid program in accordance with sections 9812 and 9822 of the federal American Rescue Plan Act of 2021, Pub. L. No. 117-2, as amended by section 5113 of the federal Consolidated Appropriations Act of
  9. Sec.
  10. MEDICAID EXTENDED POSTPARTUM COVERAGE —— APPROPRIATION. For the fiscal years beginning on or after July 1, 2023, there is appropriated from the general fund of the state to the department of health and human services a sufficient amount to fund extended postpartum coverage to pregnant women enrolled in the Medicaid program in accordance with this division of this Act. Sec.
  11. EFFECTIVE DATE. This division of this Act, being deemed of immediate importance, takes effect upon enactment. DIVISION III IOWA FAMILY AND MEDICAL LEAVE ACT Sec.
  12. Section 7E.5, subsection 1, paragraph h, Code 2023, is amended to read as follows: h. The department of workforce development, created in section 84A.1 , which has primary responsibility for administering the laws relating to unemployment compensation insurance, job placement and training, the family leave and medical insurance program, and related matters. Sec.
  13. Section 84A.1, subsection 1, Code 2023, is amended to read as follows:
  14. The department of workforce development is created to administer the laws of this state relating to unemployment compensation insurance, job placement and training, employment safety, labor standards, and workers’ compensation , and the family leave and medical leave insurance program . Sec.
  15. NEW SECTION . 96A.1 Short title. This chapter may be cited as the “Iowa Family and Medical Leave Act” . Sec.
  16. NEW SECTION . 96A.2 Definitions. As used in this chapter, unless the context otherwise requires:
  17. “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, regardless of the child’s age or dependency status.
  18. “Covered employer” means a private sector employer who has ten or more employees for each working day during each of twenty or more calendar workweeks in the current or previous calendar year, and a public employer without regard to the number of employees employed.
  19. “Department” means the department of workforce development.
  20. “Director” means the director of the department of workforce development.
  21. “Employee” means a natural person who is employed in this state for wages by an employer. “Employee” also includes a commission salesperson who takes orders or performs services on behalf of a principal and who is paid on the basis of commissions but does not include persons who purchase for their own account for resale. “Employee” shall not include an independent contractor, a self-employed person, or a patient or inmate employed by a state or local institution to which the patient or inmate has been sentenced or committed, or any of the following persons engaged in agriculture: a. The spouse of the employer and a relative of either the employer or the employer’s spouse who resides on the premises of the employer. b. A person engaged in agriculture as an owner-operator or tenant-operator, and the spouse or a relative of either an owner-operator or a tenant-operator who resides on the premises while exchanging labor with the owner-operator or the tenant-operator for mutual benefit. c. A neighboring person engaged in agriculture who is exchanging labor or other services.
  22. “Employer” means the same as defined in section 91A.2. “Employer” includes a temporary staffing agency or employment agency.
  23. “Employment benefits” means all benefits provided or made available to an employee by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions except benefits that are provided by a practice or written policy of an employer or through an employee benefit plan as defined in 29 U.S.C. §1002(3).
  24. “Family leave” means a leave taken from work by an employee for any of the following reasons: a. To participate in providing care, including physical or psychological care, for a family member of the employee made necessary by a serious health condition of the family member. b. To bond with the employee’s child after the child’s birth, or with a child under the age of eighteen placed with the employee for adoption or foster care. c. Because of a qualifying exigency for a family member as permitted under the federal Family and Medical Leave Act of 1993, as amended, and federal regulations as provided in 29 C.F.R. §825.126.
  25. “Family member” means a child, parent, or spouse of an employee.
  26. “Gross earnings” means the same as defined in section 85.61.
  27. “Health care provider” means a physician or other health care practitioner licensed, accredited, registered, or certified to perform specified health care services consistent with state law.
  28. “In loco parentis” means an individual who has day-to-day responsibilities to care for or financially support a child.
  29. “Inpatient care” means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity, or any subsequent treatment in connection with such inpatient care.
  30. “Medical leave” means a leave from work taken by an employee made necessary by the employee’s own serious health condition.
  31. “Parent” means a biological, adoptive, step, or foster father or mother, or any other individual who stands in loco parentis to an employee or who stood in loco parentis when the employee was a child. “Parent” does not include a parent-in-law.
  32. “Period of incapacity” means an inability to work, attend school, or perform other regular daily activities due to a serious health condition, treatment of a serious health condition, or recovery from a serious health condition.
  33. “Premium” or “premiums” means the payments required by section 96A.12 and paid to the department for deposit in the family and medical leave insurance account pursuant to section 96A.22.
  34. “Public employer” means the state of Iowa, its boards, commissions, agencies, departments, and its political subdivisions including school districts and other special purpose districts.
  35. “Serious health condition” means an illness, injury, impairment, physical condition, or mental condition that involves inpatient care in a hospital, hospice, medical care facility, or continued treatment or continuing supervision by a health care provider.
  36. “Spendable weekly earnings” means the amount remaining after payroll taxes are deducted from an employee’s gross weekly earnings.
  37. “Spouse” means the person with whom an individual has entered into marriage as defined or recognized under state law for purposes of marriage in the state in which the marriage was entered into or, in the case of a marriage entered into outside of any state, if the marriage is valid in the place where the marriage was entered into and the marriage could have been entered into in at least one state, including a common law marriage.
  38. “Wages” means the same as defined in section 91A.2. Sec.
  39. NEW SECTION . 96A.3 Benefit eligibility. An employee is eligible for family leave and medical leave as provided in this chapter after working for a covered employer for both a minimum of twelve consecutive months immediately preceding the employee’s request for leave and a minimum of one thousand two hundred fifty hours during that twelve-consecutive-month period. Sec.
  40. NEW SECTION . 96A.4 Leave entitlement for a defined twelve-month period.
  41. An employee is entitled to a maximum of twelve weeks of family leave during a defined period of twelve consecutive months.
  42. An employee is entitled to a maximum of twelve weeks of medical leave during a defined period of twelve consecutive months unless the employee experiences a serious health condition, which is pregnancy-related, that results in a longer period of incapacity in which case any extended medical leave beyond twelve weeks shall conform with section 216.6.
  43. An employee is entitled to a maximum combined total of paid family leave and medical leave of sixteen weeks during a defined period of twelve consecutive months.
  44. An employee is not entitled to family leave or medical leave of less than eight consecutive hours. Sec.
  45. NEW SECTION . 96A.5 Calculating the defined twelve-month period. The defined period of twelve consecutive months for calculation of an eligible employee’s family leave or medical leave entitlement begins on any of the following:
  46. The date of birth of the employee’s child, or the date of placement of a child for adoption or foster care with the employee.
  47. The first day of family leave that the employee takes for a family member’s serious health condition or a family member’s qualifying exigency.
  48. The first day of the employee’s medical leave. Sec.
  49. NEW SECTION . 96A.6 Disqualification from leave entitlement. An eligible employee is disqualified for family leave or medical leave benefits under this chapter for any of the following reasons:
  50. An absence due to the employee’s willful intention to injure or cause a sickness to the employee or to the employee’s family member.
  51. An injury or sickness caused by the employee engaging in an illegal act.
  52. The employee’s absence due to an employer taking any disciplinary action against the employee. Sec.
  53. NEW SECTION . 96A.7 Employee notice to employer of intent to take leave.
  54. If leave for the birth of a child or placement of a child for adoption or foster care with an employee is foreseeable, the employee shall provide written notice to the employer not less than thirty calendar days before the date the leave is to begin.
  55. If the birth of a child or placement of a child for adoption or foster care with an employee requires leave to begin in less than thirty calendar days, the employee shall provide written notice to the employer as far in advance as is practicable.
  56. If leave for a family member’s serious health condition or an employee’s serious health condition is foreseeable based on planned medical treatment, the employee shall do all of the following: a. Make a reasonable effort to schedule such medical treatment, subject to the recommendation of the employee’s or family member’s health care provider as appropriate, to not unduly disrupt the operations of the employer. b. Provide the employer with not less than thirty calendar days prior written notice of the employee’s intention to take leave for a family member’s serious health condition or the employee’s serious health condition.
  57. If leave for a family member’s serious health condition or an employee’s serious health condition is not foreseeable, the employee shall provide written notice to the employer as far in advance as is practicable. Sec.
  58. NEW SECTION . 96A.8 Weekly claim, certification, and verification. Beginning January 1, 2028, family leave or medical leave insurance benefits are payable to an employee during a period in which the employee is unable to perform the employee’s regular or customary work because the employee is on family leave or medical leave if the employee meets all of the following requirements:
  59. The employee files a weekly claim for benefits with the department as required per rules adopted by the director.
  60. The employee meets the eligibility requirements pursuant to section 96A.3 or the elective coverage requirements pursuant to section 96A.14.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book