# Nursing Homes



Happy Windsor Heights zip code day!

July 1, 2009 is a big day: the 4,800 residents of Windsor Heights are no longer divided by three zip codes. It couldn’t have happened without Congressman Leonard Boswell’s legislative efforts last year, and that probably wouldn’t have happened without Ed Fallon’s primary challenge. (Note: WHO’s Dave Price attended last night’s event celebrating our new zip code.)

Don’t feel left out if you’re among the 3 million Iowans who aren’t enjoying the good life in our state’s only inner-ring suburb. You too may be affected by one of the many laws that take effect today.

The Iowa House Democrats posted a partial list of these laws on their site, and Jason Hancock provided additional information at Iowa Independent, such as the margin by which these bills passed during the 2009 session. Many won unanimous approval or overwhelming bipartisan majorities in one or both chambers.

Most of the new laws are steps in the right direction for Iowa: increased foreclosure protections; $30 million in historic tax credits; expanded health care for children, low-income pregnant women and adult children under 25; broader eligibility for wind energy tax credits; more job protection for volunteer emergency providers, electronic logbooks to track pseudoephedrine sales. A few of the highlights on the House Democrats’ list deserve additional comment.

New rules for sex offenders: I’m glad that legislators replaced pointless sex offender residency restrictions that did nothing to protect children from predators, according to prosecutors as well as advocates for exploited children.  Too bad nobody listened to State Representative Ed Fallon, who was the only legislator to vote against the 2002 law and got bashed for that vote during his primary challenge against Boswell (see also here). Speaking of campaigns, Chris Rants was one of only three state representatives to vote against the new sex offender law. Will he make this an issue in the gubernatorial race?

Manure application during winter: On principle I think it’s a bad idea for legislators to interfere with the rulemaking process at the Department of Natural Resources. However, amendments greatly improved this bill from the version that passed the Iowa Senate. In fact, the new law includes tougher restrictions on liquid manure application than the rules that the DNR would have eventually produced. It’s important to note that these restrictions only apply to manure from hogs. Cattle farmers face no new limits on what to do with solid manure during winter.

Consumer fraud protections: Iowans rightly no longer need permission from the Attorney General’s Office to sue some types of businesses for fraud. Unfortunately, this law contains an embarrassingly long list of exemptions.

Nursing home rules: It’s pure chutzpah for House Democrats to write, “Nursing homes will face higher fines for incidents resulting in death or severe injury.” More like, nursing homes will no longer be fined for the violations most likely to result in death or severe injury, but are subject to higher fines for offenses regulators never charge anyone with.

Let’s end this post on a positive note. The septic tank inspection law approved during the 2008 session also takes effect today. Over time these inspections will reduce water pollution produced by unsewered communities in Iowa. Credit goes to the legislators who approved this bill last year and to Governor Chet Culver. He wisely used his line-item veto to block State Senator Joe Seng’s attempt to sneak a one-year delay of the septic tank inspections into an appropriations bill.

This thread is for any thoughts about Iowa’s brand-new laws. Probably none of them will be as controversial as the public smoking ban that took effect on July 1, 2008.

How one industry's political investments paid off

When Governor Chet Culver took final action on the last two dozen bills from the 2009 legislative session, my biggest disappointment was his decision to sign Senate File 433, a bill that “eliminates a broad range of fines against Iowa nursing homes that fail to meet minimum health and safety standards.”

Governors rarely veto bills that pass out of the state legislature unanimously, as this one did. However, when Culver didn’t sign Senate File 433 right away, I hoped he was seriously considering the advice of the Iowa Department of Elder Affairs and the Iowa Department of Inspections and Appeals. Both of those state agencies opposed the bill.

Instead of listening to the public officials who have the most in-depth knowledge of nursing home regulations and violations, Culver sided with a corporate interest group:

Former state legislator John Tapscott, who now advocates for Iowa seniors, said the new law is an example of what the nursing home industry can buy with its campaign contributions.

“It only proves that our legislative leaders and governor are willing to sell out the most vulnerable of our citizens – the sick and elderly residing in nursing homes – for a few thousand campaign dollars,” he said.

Click “there’s more” to read about the substance of this bill and the winning strategy of the Iowa Health Care Association, which represents nursing homes. I couldn’t have written this post without an outstanding series of reports by Clark Kauffman of the Des Moines Register last November (see also here and here).

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A contest Iowa has no hope of winning

At Talking Points Memo, Josh Marshall just opened nominations for the second annual “Golden Duke Awards,” “given out for excellence in corrupt acts, betrayals of the public trust and generalized shameful behavior.” You have until December 17 to submit nominations in the following categories:

Sleaziest Campaign Ad

Best Election Season Fib

Outstanding Achievement in Corruption-based Chutzpah

Best Scandal — Sex and Generalized Carnality

Best Scandal — Local Venue

Best Scandal — General Interest

Click here to view last year’s Golden Duke winners.

Talking Points Memo also has launched a contest to determine the most corrupt state. Reader WO named the short list:

I think it’s pretty clear that the only three serious contenders are Illinois, Louisiana, and Alaska. My money would be on the young upstart, Alaska, over the grizzled corruption veterans of Illinois and Louisiana, but who knows. Statistics should play a part in the contest, but style points are important, too. Cash in the freezer is pretty impressive, as is trying to shake down the President-Elect.

One of Marshall’s readers in New Orleans argues here that Louisiana is the “all time champ”.

A reader in Arizona explains why that state should be a finalist.

Another reader makes the case for Nevada.

Marshall also received a bunch of e-mails nominating New York, New Jersey or Rhode Island. He explained here why those states are not in the same league as Illinois, Louisiana or Alaska:

I know there are a lot of hurt feelings out there. A lot of people feel slighted on behalf of their states. But while a number of these states have impressive histories of corruption, as I told a few emailers, a lot of it really comes down to a case of ‘what have you done for me lately?’ […]

Sure, there’s plenty of crooks in New York and New Jersey and Rhode Island. And Massachusetts has its moment. But I’m just not sure any of them can put the kind of serious and recent per capita muck on the table as these three other worthy states. Certainly not when it comes to governors and federal officeholders.

I think we can all agree that Iowa is never going to win any (mock) awards for political corruption.

Historically and today, our problem is not so much law-breaking by elected officials but the “legal corruption” that stems from the influence of money in our system. So, we get state lawmakers traveling on the dime of the Iowa Healthcare Association, which represents nursing homes, and then lobbying Congress and state officials to reduce regulation of nursing homes.

Similarly, we won’t get any legislative action to give counties zoning authority over agriculture (which would allow greater regulation of large hog lots), even though Governor Chet Culver as well as the Iowa Democratic and Republican party platforms ostensibly support “local control.”

Iowa is not a particularly corrupt state, but we should not let our squeaky-clean image blind us to the influence of money in politics, even here.

To get involved with solving this problem, check out the Voter-Owned Iowa website. Public Campaign’s site has tons of information on how “clean elections” systems work in other states.  

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