# State Government



Branstad will transfer more money to for-profit Medicaid managed care providers

During his long tenure, Governor Terry Branstad has typically been attentive to the concerns of for-profit corporations. So when the insurance companies picked to manage Medicaid for more than half a million Iowans reported in August that they were losing money on the deal, they got a favorable hearing.

A senior analyst from Iowa’s non-partisan Legislative Services Agency confirmed on Friday that the Branstad administration has agreed to pay an extra $33.2 million to the three Medicaid managed care providers for the contract period beginning on April 1 and continuing through June 2017. I enclose that e-mail below, along with reaction from several Democratic state senators.

Hardly a week goes by without my hearing yet another story about an Iowan hurt by Medicaid privatization. Thousands of people have been forced to change doctors or have lost access to therapy for loved ones. This summer, a survey of care providers for Iowans on Medicaid found that:

90% say their administrative costs have increased;
80% say more health care claims are being denied;
79% of providers say they are not getting paid on time;
66% say they are being reimbursed at rates lower than their contracted rates;
61% say the quality of services they can provide has been reduced;
46% have or plan to cut their services; and
28% have taken out loans while waiting to be paid.

Branstad refuses to adjust his Medicaid policy to help patients who are suffering or care providers struggling to keep the doors open. On the contrary, he keeps spinning tales (backed up by no evidence) about “protecting the interests of the taxpayers” and “stopping significant fraud and abuse.” His administration hasn’t followed up on supposed new benefits for patients and puts out impossible-to-verify accounts of “success stories.”

Critics warned that any money saved by privatizing Medicaid would come at the expense of health care for vulnerable patients. They warned that those apparent savings would evaporate once for-profit insurers demanded more money from the state, as had happened in Florida following that state’s rapid privatization of Medicaid.

Iowa enjoyed low administrative costs under the old Medicaid system. Thanks to our governor and his Republican enablers in the state legislature, taxpayers will now experience the “nightmare” scenario that has already unfolded for Medicaid patients and care providers. Connecticut saved money by moving away from managed care, back to the state-run, fee-for-service model.

Don’t expect anything that sensible from Branstad, who happily spends other people’s money when corporations come calling.

UPDATE: Branstad claimed at an October 31 press conference that the state budget will still save money thanks to efficiencies in the new Medicaid system. If those savings materialize (they didn’t in Connecticut), it will happen through companies denying health care services to Iowans.

SECOND UPDATE: Added below excerpts from an excellent post by Iowa Policy Project Executive Director Mike Owen.

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Branstad talks big on family incomes but opposes concrete steps to raise them

Since the day he launched his 2010 campaign for governor, Terry Branstad has been promising to raise Iowa family incomes by 25 percent. That aspiration is still highlighted on the front page of the governor’s website.

Family incomes haven’t increased in any significant way, according to a September 2015 report by the Iowa Fiscal Partnership: “Median household income was $53,712 in 2014 — compared with $53,031 the year before. It was also statistically unchanged from 2007 ($53,994 in 2014 dollars) and from 2000 ($52,483 in 2014 dollars).” U.S. Census Bureau data indicate that as of July 2015, the median family income in Iowa was $52,716.

Despite the lack of progress toward one of his central goals, Branstad has opposed various policies that would raise incomes, especially toward the lower end of the scale.

Most recently, he moved last week to block a new U.S. Department of Labor rule, which would make at least 120,000 Iowans eligible to earn overtime pay.

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A close look at Republican message-testing in key Iowa House races

Republicans are testing potentially damaging messages about Iowa House Democratic candidates, along with statements that might increase support for GOP candidates in battleground legislative districts. After listening to several recordings of these telephone polls and hearing accounts from other respondents, I have three big takeaways:

• Republicans are seeking ways to insulate themselves from voter anger over inadequate education funding and the Branstad administration’s botched Medicaid privatization;
• The time-honored GOP strategy of distorting obscure legislative votes is alive and well;
• The Iowa Democratic Party’s platform plank on legalizing all drugs may be used against candidates across the state.

Read on for much more about these surveys.

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Title IX and the Rio Olympics

Tom Witosky covered sports, politics and business for many years as an investigative reporter at the Des Moines Register. -promoted by desmoinesdem

-30-

Back when newspaper reporters typed their stories onto paper, the notation -30- at the bottom of the final page indicated the end of a story.

When the U.S. Men’s Olympic basketball team on Sunday defeated Serbia, 96-66, the 30-point drubbing fittingly symbolized the end of one of the best Olympic efforts ever by U.S. male and female athletes. Medal totals told the story: U.S. teams earned 121 medals (45 gold, 37 silver and 38 bronze) outpacing China’s second place finish with 70 medals.

But what’s more interesting is how the dominance of U.S. female athletes, likely the most superior women’s team ever fielded by the United States Olympic Committee, played such a huge role in that success.

In many ways, the U.S. success provides another metaphor for the progress that has been made in this country’s striving for a better union. Like the breaking of the racial barrier in Major League Baseball by Jackie Robinson, and the breaking of the sexual-orientation barrier by a variety of athletes, the success of the U.S. women illustrates vividly that commitment to equality and diversity does pay despite long-term, deep-seated resistance from those who disagree.

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Bakken pipeline received final federal permit; land use lawsuit pending

The U.S. Army Corps of Engineers has granted the Texas-based Dakota Access company a federal permit to build the Bakken pipeline across Iowa.

Although opponents plan various forms of direct action, the best remaining chance for stopping the pipeline is a lawsuit challenging the Iowa Utilities Board’s authority to use eminent domain for a project with no legitimate public purpose.

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Data Centers Do Not Make Iowa a High Tech State

Dave Swenson

The news out of West Des Moines last week was that Microsoft will add a third data center. At first glance, a data center cluster looks to be popping-up in Iowa. We have the three Microsoft projects in West Des Moines, Facebook’s two complexes on the other side of the metro in Altoona, Google’s two projects in Council Bluffs, and a smattering of smaller centers scattered about the state.

“Microsoft could build these centers anywhere in the world,” said West Des Moines Mayor Steve Gaer, as quoted in the Des Moines Register, but they’re building them right here in Iowa. A map of data centers across the U.S. tells us, though, that data centers of all sorts and sizes are just about everywhere there are people. In short, Iowa isn’t that special. Don’t tell West Des Moines.

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Iowa DNR allows Bakken pipeline to run under Indian burial site

The Iowa Department of Natural Resources amended a permit to allow Dakota Access to run the Bakken pipeline under a sensitive area in the Big Sioux River Wildlife Management Area, William Petroski reported for the Des Moines Register on June 20. The amendment means Dakota Access is no longer subject to the stop-work order the DNR imposed last month. DNR spokesperson Kevin Baskins told Petroski the company will run the pipeline “about 85 feet underground” to avoid disrupting sacred ground, which may include American Indian burial sites.

State Archaeologist John Doershuk said in an email last week to DNR Director Chuck Gipp that the proposed directional boring construction method is a satisfactory avoidance procedure from an archaeological standpoint that he supports in this case. However, Doershuk emphasized he could not speak for American Indian tribes that have expressed concerns about the pipeline project.

Energy Transfer Partners, the parent company of Dakota Access, maintains that a 2004 archeological review of the site in question did not turn up any areas of cultural significance. Gavin Aronsen posted that document and comments from a company spokeswoman at Iowa Informer.

Now that the DNR has lifted the stop-work order and the Iowa Utilities Board has changed its stance to allow pipeline construction before Dakota Access has all federal permits in hand, only two legal obstacles stand in the way of completing the project across eighteen Iowa counties. The U.S. Army Corps of Engineers has yet to issue permits covering a small portion of the Iowa route–though I would be shocked to see the federal government stand in the way once construction has begun. A series of landowner lawsuits are challenging the use of eminent domain for the Bakken pipeline, saying a 2006 Iowa law does not allow farmland to be condemned for a private project by a company that is not a utility.

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Lawsuit claims secret Harreld meetings violated Iowa law

A retired University of Iowa employee has filed suit to nullify last year’s hiring of University President Bruce Harreld, on the grounds that five members of the Iowa Board of Regents violated the state’s open meetings law, Ryan Foley reported yesterday for the Associated Press.

I enclose below more background on the case as well as the full text of the plaintiff’s court filing.

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The Jury Is In: Impact of Iowa Business Property Tax Cuts

Thanks to Jon Muller for a close look at the effects of a law that is a major reason Iowa lacked the revenue to fund K-12 schools and higher education adequately this year. -promoted by desmoinesdem

Senate File 295, the keystone tax bill passed into Iowa law in 2013, is now in full swing. It left a big hole in the State’s General Fund. It delivered handsomely on its promise to cut taxes for commercial property owners, at least in the short run. It provided modest help to the working poor. For its $500 million (plus) price tag, it has accomplished little else.

One positive aspect from the bill, at least from the perspective of most readers on this blog, was an increase in the Earned Income Tax Credit, which returns approximately $30 million to low-income working Iowans. Whether that benefit was worth the hundreds of millions given away to Iowa commercial property owners is a question left to the political analysts.

The remainder of this piece will focus on the property tax components of the bill. For reasons economic, these provisions are not likely to fulfill their stated purpose of spurring development or reducing rents for small businesses and renters. Those issues will be the subject of a different blog post. This post addresses a variety of tax burden shifts, some intended, some not. Virtually all of the benefit has gone directly to improve the wealth of commercial property owners, and shifted the property tax burden to homeowners in the short-medium run. In a strange twist, for those who desired that impact, even that may possibly fail the test of time.

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The ACLU of Iowa is seeking a policy director

I don’t post job listings here often, but since many Bleeding Heartland readers have substantial public policy experience and are interested in the issues at the core of the American Civil Liberties Union’s work, I wanted to spread the word that the ACLU of Iowa is hiring a policy director. The full job listing is after the jump. The non-profit organization will accept applications through June 26, with the goal of filling the position by August.

The eventual hire will be “responsible for advancing the ACLU’s broad civil liberties agenda before the state legislature, executive branch, and local governmental bodies,” leading policy projects related to “areas including but not limited to voting rights, racial justice, criminal justice reform, immigrant’s rights, free speech, reproductive freedom, women’s rights, LGBT rights and privacy rights.”

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Iowa DNR issues stop work order on Bakken pipeline route "ground-disturbing activity"

The Iowa Department of Natural Resources has told attorneys for Dakota Access the company is “no longer authorized to engage in any activities” related to a permit previously issued for a pipeline across the Big Sioux River Wildlife Management Area in northwest Iowa, Gavin Aronsen reported at Iowa Informer. The U.S. Fish and Wildlife Service informed Iowa DNR Director Chuck Gipp on May 25 that a “significant archeological site” identified within that Wildlife Management Area “may fall along the proposed path of the Dakota Access Pipeline,” more commonly known as the Bakken pipeline. Consequently, the federal agency revoked approval of that permit and asked the DNR to “stop all tree clearing or any ground-disturbing activities within the pipeline corridor pending further investigation.”

Citing the letter from the Fish and Wildlife Service as well as e-mail communication from Iowa’s State Archeologist John Doershuk, yesterday the DNR sent Dakota Access a stop work order for the eastern half of the Wildlife Management Area in Lyon County, overlapping the proposed pipeline route. Aronsen posted both letters in full. Iowa Informer is a must-follow for Bakken pipeline news.

The Bakken Pipeline Resistance Coalition is holding a day of action in Oskaloosa (Mahaska County) on Saturday, May 28. In the morning, kayaks and canoes will float along the South Skunk River near where the pipeline would cross it. Along that section of river, paddlers will pass “7-generation landowner Sylvia Rodgers Spalding’s property adjacent to the proposed pipeline route.” Authors Carolyn Raffensperger, Fred Kirschenmann, Angie Carter, and Rachel Morgan will read from the recently-published book Fracture: Essays, Poems, and Stories on Fracking in America at 3 pm at the Book Vault in Oskaloosa (105 South Market Street).

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More lawsuits challenge eminent domain for Bakken pipeline

Owners of two farms in Cherokee County filed lawsuits on May 20 seeking to block the Texas-based oil company Energy Transfer Partners from seizing their land for the Dakota Access (Bakken) pipeline, William Petroski reported for the Des Moines Register. I enclose excerpts from his story below.

Like a separate lawsuit filed in Polk County last month, these legal claims are based on a 2006 Iowa law, which was designed to protect farmland from being condemned for private development. The plaintiffs argue the Iowa Utilities Board erred when it authorized a private company that is not a utility to use eminent domain.

Regardless of how district courts decide these claims, the Iowa Supreme Court will likely be the final voice on whether state law allows the use of eminent domain for this project.

Dakota Access started Bakken pipeline construction in North Dakota, South Dakota, and Illinois this week, but the Iowa Utilities Board denied the company’s request to start building here. O.Kay Henderson reported for Radio Iowa that the board’s legal counsel noted the oil company “has not filed all the necessary permits and associated verifications to begin construction.” Although the board approved the permit to build the Bakken pipeline in March, as did the Iowa Department of Natural Resources, the Army Corps of Engineers has not yet approved permits for portions of the pipeline that would cross federal land.

Brian Morelli and Rod Boshart reported for the Cedar Rapids Gazette on the Private Property Rights Coalition’s work to educate landowners along the pipeline route about the eminent domain process and “legal options if they refuse to voluntarily sign easement agreements with the oil company.” One of that group’s leaders is Keith Puntenney, who has not signed an easement for his farmland in Boone and Webster counties. Puntenney is also the Democratic challenger to State Senator Jerry Behn in Iowa Senate district 24.

More resources for landowners and citizens who oppose the pipeline project are available on the website of the Bakken Pipeline Resistance Coalition, uniting more than two dozen Iowa non-profit organizations. I expect Bakken opponents to make their presence known when U.S. Senator Heidi Heitkamp of North Dakota comes to Des Moines as the featured guest for the Iowa Democratic Party’s Hall of Fame event next month.

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Hold on to your hats: Search for new president coming to UNI

I have a bad feeling about this: after three years as University of Northern Iowa president, Dr. William Ruud is leaving Cedar Falls to lead Marietta College in Ohio. That college and the Iowa Board of Regents confirmed Ruud’s plans shortly after Jeff Charis-Carlson broke the news yesterday.

Moving from the top job at a well-regarded state university to a private college one-tenth the size isn’t a typical path for academic leaders. So, did Ruud jump or was he pushed?

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Want to help under-funded schools? Invest in your downtown

“Footprint” of Jordan Creek Town Center development in West Des Moines, overlaid on the “East Village” neighborhood of downtown Des Moines, courtesy of Jim Thompson

Four of the oldest buildings in downtown Waterloo “have been renovated with their historic features revived,” John Molseed reported for the Waterloo-Cedar Falls Courier on May 13. A block that had been vacant since 2007 will now hold “four commercial spaces and six loft-style apartments.” The city of Waterloo and the state historic tax credit program helped secure private investment for the project.

Renovating older buildings is much better for the environment than razing them. The economic benefits of historic preservation are not always easy to measure, but converting vacant buildings to commercial or residential use generates revenue.

Downtown property is the most valuable per acre, according to data compiled by Jim Thompson, a business specialist for the Iowa Economic Development Authority’s Main Street Program. For that reason, Thompson advises anyone who will listen, “If you want to help your school districts, invest in your downtown buildings.”

His message should resonate with local officials after yet another state legislative session produced a disappointing budget for K-12 schools. With Thompson’s permission, I enclose below some materials he has created to show the impact of repurposing downtown buildings.

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New details on Wellmark's plans to sell policies through Iowa's public exchange

The 800-pound gorilla of Iowa’s health insurance market, Wellmark Blue Cross/Blue Shield, released new details today about its plans to sell policies for 2017 on the health insurance exchange created as part of the 2010 Affordable Care Act. More than half of Iowans are insured by Wellmark, mostly through employer-provided policies. The company controls about three-quarters of the state’s market for individual health insurance, but up to now, those policy-holders have not been eligible for federal subsidies. Wellmark announced last October that it would participate in Iowa’s exchange for 2017 and confirmed those plans last month, when UnitedHealthcare disclosed that it would exit “Obamacare marketplaces” across the country, including Iowa’s.

Wellmark’s Chairman and CEO John Forsyth said last year that the company decided to join the public exchange so members “can access subsidies that are critical to help reduce the cost of health insurance premiums for themselves and their families.” Many thousands of people will need those subsidies, because today Wellmark revealed that roughly 30,000 Iowans who hold individual policies compliant with the Affordable Care Act will likely see massive premiums increases of 38 to 43 percent next year.

Unfortunately, as Tony Leys reported for the Des Moines Register, Wellmark policies will be available on the public exchange only for residents of 47 Iowa counties–not statewide.

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Iowa Medicaid Transition Not Smooth

Rhonda Shouse, a Medicaid recipient and member of Iowa’s Mental Health Planning and Advisory Council, is a leading advocate for Iowans affected by Medicaid privatization. She is an admin for the MCO Watchdog Facebook group and has previously shared resources to help people report problems with managed-care providers. The Cedar Rapids Gazette published a shorter version of this commentary last week. -promoted by desmoinesdem

Iowa Medicaid Enterprises (IME) Director Mikki Stier wrote a guest column on Iowa’s Medicaid Modernization which appeared in the Cedar Rapids Gazette, Fort Dodge Messenger, and Sioux City Journal in April. I am writing in response to Ms. Stier’s column.

If IME considers making it more difficult for Medicaid beneficiaries to get much needed items such as catheters, diapers, medication, transportation to medical appointments, and permission for guardians to represent their wards, then Iowa’s Medicaid Modernization is a huge success. These were not obstacles under the old Medicaid system.

In IA Health Link’s first month, the bulk of the problems point directly to the Department of Human Resources and IME to adequately provide the MCOs with accurate information. It is likely due to the unrealistic time frame established by Governor Terry Branstad, or DHS, depending on who tells the story of who came up with the idea for Iowa’s Medicaid Managed Care program. Most states that have moved to a managed care approach have moved only portions of their beneficiaries at a time and done so over a two to five year period.

It is very unfortunate that Governor Branstad, DHS, and IME have been perpetrating a public relations campaign for more than a year now to misinform Iowans on how their tax dollars will be spent, who Medicaid beneficiaries are, and how services will be delivered to approximately half a million Iowa residents. Healthcare should not be a partisan political issue.

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Branstad names Bruce Rastetter ally Michael Richards to Board of Regents

Governor Terry Branstad appointed Michael Richards to the Iowa Board of Regents last Friday. Subject to confirmation by the Iowa Senate, Richards will serve the last five years of Mary Andringa’s term on the nine-member board, which oversees Iowa’s state universities. Andringa announced her resignation in late April, saying she had “underestimated the time required to fully serve in this role.” (It soon emerged that she is a paid director for the Herman Miller furniture company, which received a multimillion-dollar no-bid contract from the University of Iowa last year.)

An alumnus of the University of Iowa undergraduate college and medical school, Richards has held management positions in various corporations, inside and outside the health care field. The official announcement of his appointment mentions several of those jobs as well as Richards’ philanthropy.

Richards continues a long tradition of major political donors securing spots on the prestigious Board of Regents. He made contributions totaling more than $40,000 to Branstad’s 2010 and 2014 gubernatorial campaigns. (Details on that giving are after the jump, along with the May 6 press release.) Last year, Richards gave $10,000 to Lieutenant Governor Kim Reynolds, who is almost certain to run for governor in 2018, as well as $2,500 to Iowa House Speaker Linda Upmeyer. He has given nearly $100,000 to other Republican candidates around the country.

Richards has been a close political ally of Iowa Board of Regents President Bruce Rastetter. In 2011, he joined a small group of business Republicans led by Rastetter, who encouraged New Jersey Governor Chris Christie to run for president. Last year, he joined Rastetter and most of that group to endorse Christie’s presidential campaign.

The Iowa Senate has confirmed hundreds of Branstad’s nominees unanimously or nearly so. During the legislature’s 2017 session, I don’t expect Richards to have any trouble winning confirmation to serve out Andringa’s term on the Board of Regents. The two appointees to that board whom senators rejected in 2013 had political baggage that Richards lacks.

UPDATE: Added below excerpts from Vanessa Miller’s latest report for the Cedar Rapids Gazette. Democratic lawmakers see the Senate confirming Richards next year.

LATE UPDATE: News emerged in early June that Branstad was considering Richards for the vacancy before Andringa had announced her resignation, so I’ve added more details below. Branstad has known Richards for far longer than Rastetter has been one of the governor’s most influential advisers.

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Mary Andringa stepping down from Iowa Board of Regents (updated)

Saying she had “underestimated the time required to fully serve in this role,” Mary Andringa announced today she will step down from the Iowa Board of Regents, just one year into her six-year term. I enclose the official statement below, along with more background on Andringa, who has had a long and distinguished career in business and industry advocacy work. As a regent, she is best known for participating in a secret Ames meeting with Bruce Harreld and three other board members, then sending Harreld an effusive e-mail encouraging him to apply for the University of Iowa’s presidency.

Governor Terry Branstad will select Andringa’s successor on the nine-member Board of Regents, almost certainly after the state legislature has adjourned for this year. Consequently, the Iowa Senate will consider that nominee during the 2017 session.

Since 2011, state senators have confirmed the overwhelming majority of Branstad appointees unanimously or nearly so. However, Senate Democrats rejected two of Branstad’s picks for the Board of Regents in 2013. Craig Lang faced criticism for allegedly interfering with state university policies during his first term as a regent, while Robert Cramer drew fire for his record of social conservative activism, including as a member of the Johnston school board.

Branstad thinks highly of Andringa, naming her to a newly-created state economic development board a few years before appointing her to the even more prestigious board that oversees Iowa’s state universities. In fact, Branstad and his onetime chief of staff Doug Gross were said to have recruited Andringa to run for governor in 2009, a few months before GOP heavyweights persuaded Branstad to come out of political retirement. A poll commissioned by an organization linked to Gross had tested voters’ interest in female business leaders as potential gubernatorial candidates. Some news coverage in the spring of 2009 named Andringa among the possible GOP challengers to Governor Chet Culver.

UPDATE: Casting Andringa’s resignation in a new light, Ryan Foley reported for the Associated Press on April 28 that the outgoing regent “has long been a director for a national furniture company but failed to publicly disclose that relationship before its local distributor signed a major no-bid contract with the University of Iowa last year.” Excerpts from that story and from Jeff Charis-Carlson’s report on that no-bid contract are after the jump.

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Why is Iowa's secretary of state playing politics with felon voting case?

Iowa Secretary of State Paul Pate is a defendant in Kelli Jo Griffin’s lawsuit claiming Iowa violates her constitutional rights by disenfranchising all felons. The Iowa Supreme Court heard oral arguments in the case on March 30. Justices are expected to decide by the end of June whether to uphold the current system or declare that Iowa’s constitutional provision on “infamous crimes” should not apply to all felonies.

Defendants typically refrain from commenting on pending litigation, but during the past three weeks, Pate has carried out an extraordinary public effort to discredit the plaintiffs in the voting rights case. In his official capacity, he has addressed a large radio audience and authored an op-ed column run by many Iowa newspapers.

Pate amped up his attack on “the other side” in speeches at three of the four Iowa GOP district conventions on April 9. After misrepresenting the goals of Griffin’s allies and distorting how a ruling for the plaintiff could alter Iowa’s electorate, the secretary of state asked hundreds of Republican activists for their help in fighting against those consequences.

At a minimum, the secretary of state has used this lawsuit to boost his own standing. Even worse, his words could be aimed at intimidating the “unelected judges” who have yet to rule on the case. Regardless of Pate’s motives, his efforts to politicize a pending Supreme Court decision are disturbing.

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Landowners challenge use of eminent domain for Bakken pipeline

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

The Iowa Utilities Board issued a permit for the Dakota Access (Bakken) pipeline on April 8, after declaring that Dakota Access LLC “has substantially complied with the requirements” of the board’s March 10 order. The same day, a group of agricultural landowners filed a lawsuit challenging the board’s use of eminent domain for the pipeline, intended to carry oil roughly 400 miles across eighteen counties from northwest to southeast Iowa. Litigation grounded in environmental concerns about the pipeline is expected later this year.

Follow me after the jump for more details on the land use lawsuit and ongoing efforts to block the pipeline at the federal level.

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Weekend open thread: Threats to public health edition

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

On April 1, three months later than originally planned, Iowa officially switched to a managed-care model for the Medicaid program. Erin Murphy explained here how privatization will affect almost all of our state’s roughly 560,000 Medicaid recipients.

Many Iowans on Medicaid are learning that their current health care providers are now out of network, a particular concern for those who have special medical needs. The Mayo Clinic in Rochester, Minnesota has not signed contracts with any of the three insurance companies selected to be managed-care providers in Iowa. KCRG’s Katie Wiedemannn reported on March 31 about a 9-year-old cancer patient whose scheduled treatment at Mayo has been delayed because of the new policy. I am aware of other families whose children on Medicaid have relied on out-of-state medical specialists to treat their children’s rare genetic or chronic conditions.

Iowa House Republican leaders have refused to act on an extensive Medicaid oversight bill that cleared the Senate with bipartisan support. However, they promise to unveil their own Medicaid oversight proposal soon. Senate Democrats will seek to add many oversight provisions to the human services budget, which is often one of the last bills to be resolved before lawmakers adjourn for the year.

One major red flag: Iowa hired only “two ombudsmen to investigate and work as advocates for the 560,000 poor or disabled people” on Medicaid. As Jason Clayworth reported for the Des Moines Register in January, a working group that studied the issue recommended hiring 134 more ombudsmen at a possible cost of $17 million annually.

Rhonda Shouse has been among the most vocal opponents of Medicaid privatization. She shared with Bleeding Heartland some resources for recipients who run into problems with their new managed-care providers. I enclose those below.

Some good public health news: state lawmakers recently approved a bill that would allow “First responders, emergency medical service providers, police, firefighters and licensed health care professionals” to maintain a supply of the drug Naloxone (also known as Narcan). The medication can prevent death after an overdose of heroin or prescription opioid pain-killers, both of which have become more prevalent in Iowa, as in many other states. Senate File 2218 passed the upper chamber the Senate unanimously and cleared the House by 93 votes to 2 (the dissenters were Republicans Stan Gustafson and Mike Sexton). Several groups representing law enforcement or medical professionals lobbied for this bill. At this writing, Governor Terry Branstad has not yet signed it.

UPDATE: Branstad signed the bill about the overdose drug on April 6.

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Democrats settle for quarter of a loaf on tax deal, crumbs on school funding

The more things change, the more they stay the same.

Leaders in the Democratic-controlled Iowa Senate agreed early in the 2015 legislative session to pass two major tax bills backed by top Iowa House Republicans. The moves left Democrats no leverage to obtain concessions from Republicans on state spending for vital services, especially education. After months of negotiations, the final deal struck after Memorial Day gave House Republicans what they wanted on global budget targets and acceded to their demand for “allowable growth” of only 1.25 percent for K-12 education budgets.

As a gesture toward compromise, Republicans agreed last year to a supplemental spending bill, which included one-time funding for K-12 school districts, community colleges, and state universities. But once lawmakers had adjourned, Governor Terry Branstad item-vetoed some $56 million for education from that bill. The governor pleaded fiscal responsibility in his veto message, though such concerns hadn’t stopped him from signing $99 million in tax cuts into law months earlier.

I had high hopes for a better outcome this year when I saw Senate Democrats balk at passing a $97.6 million “tax coupling” bill much like the one that sailed through the upper chamber in 2015.

But during the past two weeks, Democrats approved harmonizing the state and federal tax codes as part of compromise legislation that was not linked to education spending. Then they agreed to school funding levels very close to the House Republicans’ initial offer for fiscal year 2017, which begins on July 1 and runs through next June. Lower projected state revenues forced Democrats to accept insufficient allowable growth for K-12 school budgets, lawmakers told disappointed students and educators. As usual, budget constraints never seem to be a reason for the Iowa legislature to say no to constituencies seeking expensive tax breaks.

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Iowa county governments: Don't inconvenience us by protecting fundamental constitutional rights

The Iowa State Association of Counties has asked the Iowa Supreme Court to keep tens of thousands of citizens permanently disenfranchised so county auditors will have “a definition of infamous crime that can be easily discerned and quickly applied” as they administer elections.

In addition, the association representing county officials suggests auditors will be unable to provide “the orderly conduct of elections” if the high court does not abandon efforts to distinguish certain felonies from the “infamous crimes” that disqualify Iowans from voting under our state’s constitution.

The disturbing attempt by county governments to place administrative convenience above a fundamental constitutional right came in a “friend of the court” (amicus curiae) brief filed in connection with a case the Iowa Supreme Court will consider this week. Yet Polk County Auditor Jamie Fitzgerald, the chief elections officer in Iowa’s largest county, maintains that a new standard allowing some felons to vote would not be “an administrative burden any more than the myriad other provisions that county auditors and poll-workers must contend with.”

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Turtle Protection Bill passes and is signed by the governor

When a bill passes by an overwhelming bipartisan vote, like the turtle harvesting bill did in both the Iowa House and Senate, one might assume it was easy to persuade lawmakers and the governor to act. Not necessarily. Thanks to Mike Delaney for an in-depth look at how one good idea became state law. Delaney is a founder of the non-profit Raccoon River Watershed Association. Turtle graphic produced by the non-profit Iowa Rivers Revival. -promoted by desmoinesdem

Over the years I have noticed a decline in the number of Soft-shelled turtles on my sandbars along the Raccoon River in Dallas County. When I first bought my farm in 1988 12” and 14” Soft-shells would regularly slide into the river off the sand where they were warming their cold-blooded bodies. A few seconds later you could see their noses and foreheads pop up to look around. When my son and daughter were little I showed them (as my older brothers had shown me as a child) how to walk along the shore at night, focus a flashlight at the water’s edge and spot the heads of baby Softshells sticking out of the sand. However, we have not seen these little guys for many years.

I asked around about what happened to the turtles. County conservation folks told me that the commercial turtle trappers were selling them to China. I asked some “environmentally concerned” friends. One said that the DNR was worried about Iowa’s turtles and had proposed rules to limit turtle “harvest” during egg laying season and limits on the numbers that could be taken. Iowa had no rules preventing over-harvest of turtles. I was told that the rules were being held up in the governor’s office.

I decided to act on the matter.

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Local government advocates concerned about Iowa Supreme Court ruling on open meetings

Advocacy groups representing local government bodies are concerned that the Iowa Supreme Court’s new decision on open meetings will make it difficult for elected officials to obtain information from staff and conduct business. On Friday, a divided court ruled that Warren County supervisors were not in compliance with Iowa law when they used a staffer as a go-between while working out a county downsizing plan behind closed doors. Writing for the majority of four, Justice David Wiggins argued that allowing such a scheme “would result in absurd consequences undermining the clear purpose of the open meetings law.” He further explained that “open meetings requirements apply to all in-person gatherings at which there is deliberation upon any matter within the scope of the policy-making duties of a governmental body by a majority of its members, including in-person gatherings attended by members of a governmental body through agents or proxies.”

Three justices dissented, seeing it as a job for state lawmakers “to redefine the requirements of the open meetings law” and warning that the court’s new standard “will have a chilling effect on well-intentioned public officials” who rely on information from staff when considering policy options.

The full text of the majority decision and dissents in Hutchison v Shull can be found here. Bleeding Heartland posted background on the case and highlights from the opinions here.

Justice Thomas Waterman’s dissent lamented the absence of “friend of the court” briefs from the Iowa State Association of Counties, the Iowa League of Cities, and the Iowa Association of School Boards. I asked representatives of each organization to explain how their training for elected officials addresses Warren County-like methods to avoid discussing public policy in open meetings. I also sought comment on the Hutchison v Shull majority ruling and on the concerns Waterman raised.

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Iowa Supreme Court rejects county supervisors' scheme to evade open meetings law

Just in time for “Sunshine Week,” a divided Iowa Supreme Court today rejected a scheme by Warren County supervisors to evade Iowa’s open meetings law by discussing a downsizing plan individually in turns with the county administrator. Four justices agreed, “the open meetings law does prohibit the majority of a governmental body gathering in person through the use of agents or proxies to deliberate any matter within the scope of its policy-making duties outside the public view.”

Follow me after the jump for background on the case and excerpts from the majority and dissenting opinions. Three Iowa Supreme Court justices would have upheld the District Court ruling, which stated that using a county administrator as a “conduit” or “messenger” to discuss policy did not trigger state law’s requirements for an open meeting with advance public notice.

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Market forces may kill Bakken pipeline despite likely Iowa Utilities Board approval

Pipes intended for use in the Dakota Access pipeline being stored in Jasper County, Iowa during 2015. Photo provided by Wallace Taylor, used with permission.

UPDATE: As expected, the board voted unanimously to approve the permit. Scroll to the end of this post for more details and reaction.

The Iowa Utilities Board will meet this afternoon to issue a decision on the proposed Dakota Access pipeline. Everyone I know in the environmental community expects the three board members to approve the permit for this project, better known as the Bakken pipeline. Litigation is sure to follow, as opponents charge the Iowa Utilities Board’s eminent domain powers may be used only in the service of a “public good,” not “to privilege a private corporation.”

Other legal hurdles include the need for a permit from the Iowa Department of Natural Resources, because the pipeline route would cross “four areas in Iowa that have been identified as sovereign lands.” The Sierra Club Iowa chapter has been pushing for a thorough Environmental Impact Study and archaeological review. (Too many Iowa politicians from both parties signed a letter to the utilities board opposing an independent environmental impact assessment.)

Iowa State University economist Dave Swenson has long cast doubt on the “bloated” economic impact numbers Dakota Access has used to market the project. Click here for Swenson’s detailed analysis on the pipeline’s “purported economic and fiscal benefits to the state of Iowa.”

A growing number of observers believe the project no longer makes economic sense even for Energy Transfer Partners, the parent company of Dakota Access.

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Medicaid Privatization Hurts Vulnerable Iowans

Maridith Morris is a nurse and the Democratic candidate in Iowa House district 39. -promoted by desmoinesdem

This picture is my nephew Fin. He is an adorable, happy little guy and I love him to pieces. Fin has autism spectrum disorder. Fin is just one vulnerable Iowan who is going to be hurt by Medicaid privatization.

At Fin’s age, early intervention therapy is crucial for his positive outcomes. Therapy can mean the difference between him becoming a high functioning adult, one who is able to live independently, work, and pay taxes and a disabled adult needing tax payer support. Despite the crucial nature of Fin’s therapy, the rush to privatize Iowa’s Medicaid puts those services in jeopardy. To receive therapy, Fin’s parents will have to transport him from Indianola to appointments at Blank Children’s Hospital in Des Moines because services are no longer in network in Indianola.

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Unfolding Energy Release Iowa Energy Assessment and Planning For A Cleaner Future Report

Paritosh Kasotia is the founder and CEO of Unfolding Energy and was named to the Midwest Energy News list of “40 under 40” last year. She led the Iowa Energy Office until late 2014. -promoted by desmoinesdem

Unfolding Energy, a not-for-profit organization released its Iowa Energy Assessment and Planning for a Cleaner Future Report. The report is intended for the State of Iowa, elected officials, Iowans, and potential political candidates as a resource to guide the Iowa Energy Office’s planning process as they work towards creating a statewide energy plan.

The report provides an overview of Iowa’s energy production and consumption patterns and dives into Iowa’s current regulatory and policy framework in the context of climate change, renewable energy, energy efficiency, and building codes. Other sections of the report examines the potential for various clean energy sources and concludes the report with recommendations that the State of Iowa should implement.

Excerpt from the report below

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Nice Bunch of Jobs You Have There, Iowa. Be a Shame if Something Happened to Them

Dave Swenson

Is it extortion when one party pays up even though it was never threatened?

Recently, the state of Iowa awarded $17 million in state assistance to Dow-DuPont for pledging to keep its Pioneer-related research and development activities in Johnston. In a Des Moines Register interview of Tina Hoffman, a spokesperson for the Iowa Economic Development Authority (IEDA), we were told they were sure “Pioneer wasn’t going to up and close down shop. That was clear from the beginning ….” Still, the state is spinning this to be all about job retention.

Except it wasn’t.

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Feds approve Iowa's Medicaid privatization, effective April 1

Iowa’s Medicaid program will shift to managed care for some 560,000 recipients on April 1, in accordance with waivers granted by the federal Centers for Medicare and Medicaid Services. CMS had previously denied the request from Governor Terry Branstad’s administration to privatize Medicaid by January 1, citing numerous signs that the state was not ready. In a letter the Branstad administration released today, Vikki Wachino of CMS noted “significant improvement” in several areas: the provider networks of three insurance companies picked to manage care for Medicaid recipients; plans for reimbursing out-of-network providers for services; better communication between state officials and Medicaid providers and recipients; and training of case managers to assist Medicaid beneficiaries during the transition.

I enclose below reaction to today’s news from the governor, key state lawmakers, and other stakeholders, as well as the full five-page letter from CMS to Mikki Stier, director for Medicaid in the Iowa Department of Human Services. Federal officials set several conditions on their approval of Iowa’s plans, such as monitoring the actions of the three managed-care organizations, making sure call centers are running their helplines competently, and preserving some “continuity of care” for Medicaid recipients.

Although the delay until April 1 will allow more time to prepare for the transition, the policy’s likely impact remains the same: more money for insurance company overhead and profit and less for health care services; a deterioration in care for disabled people, as seen in Kansas and other states; and less access to health care providers (a key issue for the three Iowa Senate Republicans who recently voted with Democrats to terminate Medicaid privatization).

Senate Democrats continue to push for “tough, bipartisan oversight and accountability protections.” Chelsea Keenan reported for the Cedar Rapids Gazette that the Senate Human Resources Committee will consider that bill (Senate File 2213) on February 24. I don’t expect that legislation to go anywhere. All I’ve heard from Iowa House Republicans is happy talk, backed up by no evidence, that privatizing Medicaid will save the state money and improve patient care.

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WellCare loses battle to maintain Iowa Medicaid contract

One of the four companies the Iowa Department of Human Services initially selected to manage care for Medicaid recipients has given up the fight to keep a contract that would have been worth hundreds of millions of dollars. Follow me after the jump for details on the final stages of WellCare’s unsuccessful effort to overturn state officials’ decision to terminate that contract.

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16 Iowa politics predictions for 2016

Hoping to improve on my percentages from last year, I offer sixteen Iowa politics predictions for 2016. Please spin your own scenarios in this thread.

I finally gave up on trying to predict whether Governor Terry Branstad will still be in office at the end of the year. Although his close adviser David Roederer “emphatically” says Branstad will serve out his sixth term, I am convinced the governor will resign early. But I can’t decide whether that will happen shortly after the November 2016 election or shortly after the Iowa legislature’s 2017 session.

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"The View from Nowhere" in Iowa legislative news coverage

When politicians lie, opponents often echo longtime Senator Daniel Patrick Moynihan’s famous words: You’re entitled to your opinion, but you’re not entitled to your own facts.

Politicians can get away with deception, however, when journalists present conflicting facts as opposing viewpoints in a “he said/she said” frame. So it was when Governor Terry Branstad recently touted phony job creation numbers, and reputable Iowa journalists hid behind “critics say” rather than acknowledging reality: no serious economist would recognize those statistics.

And so it was when the Des Moines Register again covered the Iowa Department of Revenue’s unprecedented attempt to rewrite tax code through the rule-making process. Statehouse reporter Brianne Pfannenstiel’s attention to the topic is welcome. The rule change has been an under-reported Iowa politics story this fall, even though it could have a huge impact on the state budget in coming years. Unfortunately, as was the case in earlier articles for the Register on the same controversy, Pfannenstiel avoided stating some important truths about the Branstad administration’s efforts, attributing such observations to “others” including “Democratic lawmakers.”

The journalist’s reflex to appear impartial by presenting factual statements as partisan opinions is part of what media critic Jay Rosen has called the View from Nowhere.

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The 15 Bleeding Heartland posts I worked hardest on in 2015

As I mentioned on Tuesday, writing is a labor of love for me. Some posts are much more labor-intensive than others.

All of the pieces linked below took at least a couple of days to put together. Some were in progress for weeks before I was ready to hit the publish button. (No editor, deadlines, or word limits can be a dangerous combination.) A few of the particularly time-consuming posts required additional research or interviews. More often, the challenge was figuring out the best way to present the material.

Several pieces that would have qualified for this list are not included, because they are still unfinished. Assuming I can get those posts where they need to be, I plan to publish them during the first quarter of 2016.

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The 15 Bleeding Heartland posts that were most fun to write in 2015

While working on another piece about Iowa politics highlights from the year, I decided to start a new Bleeding Heartland tradition. Writing is a labor of love for me, as for many bloggers, but let’s face it: not all posts are equally lovable.

The most important political events can be frustrating or maddening to write up, especially when there is so much ground to cover.

Any blogger will confirm that posts attracting the most readers are not necessarily the author’s favorites. The highest-traffic Bleeding Heartland post of 2015–in fact, the highest-traffic post in this blog’s history–was just another detailed account of a message-testing opinion poll, like many that came before. Word to the wise: if you want a link from the Drudge Report, it helps to type up a bunch of negative statements about Hillary Clinton.

Sometimes, committing to a topic leads to a long, hard slog. I spent more time on this critique of political coverage at the Des Moines Register than on any other piece of writing I’ve done in the last decade. But honestly, the task was more depressing than enjoyable.

Other pieces were pure pleasure. Follow me after the jump for my top fifteen from 2015.

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Beth Townsend's embarrassing defense of phony job numbers

“Phony number” graphic created by Dave Swenson

I was encouraged when Beth Townsend became Iowa Workforce Development director early this year. The previous director, Teresa Wahlert, was one of Governor Terry Branstad’s worst appointees; I suspect her record for legal entanglements involving an agency director for the State of Iowa will never be surpassed. In contrast, I’d heard consistently good feedback about Townsend’s work as executive director of the Iowa Civil Rights Commission. The new director has taken several steps to bring Iowa Workforce Development’s operations in line with federal labor laws.

Which makes it even more disappointing to see Townsend sell one of the biggest lies of Branstad’s long, long stint as governor, first in her agency’s annual budget presentation, and now in the editorial pages of Iowa’s largest newspapers.

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