Bills › 90th General Assembly

HF 387Died when the session ended · February 28, 2023

Creating the better caths for Iowa Act including a review of the use and reimbursement of certain catheters under the Medicaid program

Topics:Health careReproductive rightsMedicaid

Where it is now

  1. Done: IntroducedFebruary 21, 2023
  2. Done: SubcommitteeFebruary 22, 2023
  3. Stopped: House committeeDied when the General Assembly ended
  4. Next: Passes the House
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The General Assembly adjourned on April 19, 2024. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill relates to the use and reimbursement of certain catheters under the Medicaid program. The bill shall be known as the “Better Caths for Iowa Act”. The bill includes findings relating to the use of phthalates, a family of toxic endocrine-disrupting chemicals that include Di(2-ethylhexyl)phthalate or DEHP, that when added to certain plastic products increase their flexibility. These products include catheters. The findings include that American patients receiving care in hospitals and other settings are overexposed to dangerous levels of phthalates; exposure to phthalates can do lasting harm to child brain development and increases children’s risks for learning, attention, and behavior disorders; a pregnant woman’s exposure to phthalates can harm reproductive tract development in male babies which may have lifelong consequences; phthalates have been banned from use in children’s toys in the United States; women have higher exposure to phthalates found in care products than men; African American and Latina women have higher exposure to certain phthalates compared with white women; persons with disabilities who use catheters experience bladder cancer at four times the national average; little has been done to protect patients from these harmful chemicals to actually reduce the use of these chemicals in health care settings; that the three billing categories of intermittent catheters, straight tip, curved tip, and sterile kit, show large differences between Medicare payments and acquisition costs, indicating the potential for substantial savings both to the Medicare program and Medicare beneficiaries who share responsibility for payment of the Medicare-allowed reimbursement amount; and that at the very least, the Iowa Medicaid program should not reimburse medical device manufacturers, distributors, or suppliers for catheters that are made with the known carcinogen DEHP.

Read the full explanation

The bill provides the Medicaid program shall not reimburse claims for catheters made with DEHP, until after the completion and the results of the review required under the bill including the recommendation of the Medicaid director regarding reimbursement of catheters under the Medicaid program. Pending completion of the review under the bill, the use of catheters made with DEHP is deemed unsafe for Iowa Medicaid recipients; any rules previously adopted prescribing the conditions under which any catheter made with DEHP may be safely used are void, and shall have no force or effect; the Medicaid director shall object to any notification of an intended use of catheters made with DEHP and shall not adopt rules prescribing any conditions under which any catheter made with DEHP may be safely used as an invasive medical device; and in establishing the safety of alternatives to catheters made with DEHP that may be used and reimbursed under the Iowa Medicaid program, the Medicaid director shall consider, in addition to criteria provided under federal law, the potential adverse effects of exposure to an alternative substance on vulnerable populations, including pregnant women, infants, children, persons with disabilities, the elderly, and populations with high exposure, including workers who are exposed through production practices or clinical handling of the final product. The Medicaid director is required to inform Medicaid providers and recipients of the prohibition against reimbursement of catheters made with DEHP during the pendency of the review and make available to Medicaid recipients and providers a list of alternative products that are not made with DEHP and that are reimbursable under Medicaid when provided to Medicaid recipients during the pendency of the review. The Medicaid director shall cause a review to be conducted of catheters, including a historical records review of Medicaid recipients who used catheters made with phthalate chemicals including DEHP, to determine whether Iowa Medicaid recipients who use these medical devices have a higher incidence rate of bladder cancer than the general population; identification of the brands of catheters with DEHP that are correlated with higher levels of bladder cancer in the Iowa Medicaid population of catheter users; a comparison of the average lifetime cost of care for a Medicaid recipient who uses catheters with the average lifetime cost of care for a Medicaid recipient who has bladder cancer treatment; consideration of the disproportionate exposure of invasive medical devices containing phthalate chemicals on members of communities of color and with disabilities, and the health effects of such exposure on members of such communities, including any increased risk of cancer, endocrine disruption, effects on reproductive health, and other risks to human health. No later than July 1, 2025, the Medicaid director shall issue a report on the findings of the review, submit the report to the governor and the general assembly, and post the report on the department of health and human services internet site. The report shall include a recommendation as to whether catheters made with DEHP should be reimbursed under the Medicaid program. Under the bill, catheters include intermittent and indwelling catheters.

From the explanation printed with the bill as introduced, written by the Legislative Services Agency. Amendments adopted later aren’t reflected. Full bill text

House subcommittee

Named February 24, 2023. On February 28, 2023 it recommended passage. Vote Total: 3-0.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Lobbying

3 for · 0 against · 4 undecided · Who →