House File 2112 - Introduced HOUSE FILE 2112 BY SALMON A BILL FOR An Act relating to dependent adult abuse in facilities and 1 programs, and to elder abuse, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5255YH (7) 89 pf/rh

H.F. 2112 Section 1. Section 235E.2, subsection 6, paragraph a, Code 1 2022, is amended to read as follows: 2 a. The department’s investigation shall determine if the 3 resident has a guardian, conservator, or attorney in fact. If, 4 upon completion of an investigation, the department determines 5 that the best interests of the dependent adult require court 6 action, the department shall inform any existing guardian, 7 conservator, or attorney in fact of the dependent adult of the 8 department’s determination. The department shall also inform 9 any family member or other person for whom the resident has 10 granted permission to have access to the resident’s medical 11 and facility records of the department’s determination. If 12 an existing guardian, conservator, or attorney in fact of 13 the dependent adult refuses to pursue appropriate relief or 14 remedies provided by law for the dependent adult, or if the 15 dependent adult does not have a guardian, conservator, or 16 attorney in fact, the department shall notify the department 17 of human services of the potential need for a guardian or 18 conservator or for admission or commitment to an appropriate 19 institution or facility pursuant to the applicable procedures 20 under chapter 125 , 222 , 229 , or 633 , or shall pursue other 21 remedies provided by law. The appropriate county attorney 22 shall assist the department of human services in the 23 preparation of the necessary papers to initiate the action and 24 shall appear and represent the department of human services at 25 all district court proceedings. 26 Sec. 2. Section 235E.2, subsection 9, Code 2022, is amended 27 to read as follows: 28 9. a. A person required by this section to report a 29 suspected case of dependent adult abuse pursuant to subsection 30 2 who knowingly and willfully fails to do so within twenty-four 31 hours commits a simple misdemeanor. 32 b. A person required by subsection 2 to report a suspected 33 case of dependent adult abuse who knowingly fails to do so or 34 who knowingly interferes with the making of such a report or 35 -1- LSB 5255YH (7) 89 pf/rh 1/ 5

H.F. 2112 applies a requirement that results in such a failure is civilly 1 liable for the damages proximately caused by the failure. 2 c. A person who reports or causes to be reported false 3 information regarding a suspected case of dependent adult abuse 4 pursuant to subsection 2, knowing that the information is false 5 or that the abuse did not occur, commits a simple misdemeanor. 6 Sec. 3. Section 235F.1, subsection 5, paragraph a, 7 unnumbered paragraph 1, Code 2022, is amended to read as 8 follows: 9 “Elder abuse” means any of the following relative to a 10 vulnerable elder in all aspects of the vulnerable elder’s life, 11 liberty, and property : 12 Sec. 4. Section 235F.1, subsections 8 and 17, Code 2022, are 13 amended to read as follows: 14 8. “Financial exploitation” relative to a vulnerable elder 15 means when a person stands in a position of trust or confidence 16 with the vulnerable elder and knowingly and by undue influence, 17 deception, coercion, fraud, or extortion, obtains control over 18 or otherwise uses or diverts the benefits, property, resources, 19 belongings, or assets of the vulnerable elder solely for the 20 benefit of someone other than the vulnerable elder and not for 21 the benefit of the vulnerable elder. “Financial exploitation” 22 includes alteration of a governing instrument by a person who 23 stands in a position of trust or confidence with the vulnerable 24 elder . 25 17. “Vulnerable elder” means a person sixty years of age 26 or older who is unable to protect himself or herself the 27 person’s self from elder abuse as due to any of the following 28 circumstances: 29 a. As a result of a mental or physical condition or because . 30 b. Because of a personal circumstance which results in an 31 increased risk of physical, psychological, or financial harm 32 to the person. Clear and convincing evidence of physical, 33 psychological, or financial harm to the person creates a 34 rebuttable presumption that the person was unable to protect 35 -2- LSB 5255YH (7) 89 pf/rh 2/ 5

H.F. 2112 the person’s self. 1 Sec. 5. Section 235F.1, Code 2022, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 8A. “Governing instrument” means a 4 will; a trust; a deed; a custodianship; an insurance or 5 annuity policy; an account with a designation for payment on 6 death; a security registered in beneficiary form; a pension, 7 profit-sharing, retirement, or other employment-related benefit 8 plan; a family limited partnership; an instrument creating or 9 exercising a power of attorney; an estate planning document; 10 or a dispositive, appointment, or nominative instrument of any 11 similar type. 12 Sec. 6. Section 235F.8, subsection 1, Code 2022, is amended 13 to read as follows: 14 1. A proceeding under this chapter shall afford a vulnerable 15 elder due process of law, shall be held in accordance with the 16 rules of civil procedure, except as otherwise set forth in this 17 chapter and in chapter 664A , and is in addition to any other 18 civil or criminal remedy. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to dependent adult abuse in facilities and 23 programs and to elder abuse. 24 The bill amends provisions under Code chapter 235E 25 (dependent adult abuse in facilities and programs) to provide 26 that an investigation of dependent adult abuse in a health 27 care facility or hospital by the department of inspections and 28 appeals (DIA) shall determine if the dependent adult has an 29 existing guardian, conservator, or attorney in fact. If upon 30 completion of an investigation, DIA determines that the best 31 interests of the dependent adult require court action, DIA 32 shall inform any existing guardian, conservator, or attorney 33 in fact of the dependent adult of DIA’s determination. DIA 34 shall also inform any family member or other person for whom 35 -3- LSB 5255YH (7) 89 pf/rh 3/ 5

H.F. 2112 the resident has granted permission to have access to the 1 resident’s medical and facility records of the department’s 2 determination. If an existing guardian, conservator, or 3 attorney in fact of the dependent adult refuses to pursue 4 appropriate relief or remedies provided by law for the 5 dependent adult, or if the dependent adult does not have a 6 guardian, conservator, or attorney in fact, DIA shall notify 7 the department of human services of the potential need for 8 a guardian or conservator or for admission or commitment of 9 the dependent adult to an appropriate institution or facility 10 pursuant to the applicable procedures under Code chapter 125, 11 222, 229, or 633, or shall pursue other remedies provided by 12 law. The bill also provides that a person who reports or 13 causes to be reported false information regarding a suspected 14 case of dependent adult abuse, knowing that the information 15 is false or that the abuse did not occur, commits a simple 16 misdemeanor. 17 With regard to Code chapter 235F (elder abuse), the bill 18 amends the definition of “elder abuse” to include several 19 actions taken relative to a vulnerable elder in all aspects of 20 the vulnerable elder’s life, liberty, and property. 21 The bill amends the definition of “financial exploitation” 22 to limit financial exploitation to that which is solely for 23 the benefit of a person other than the vulnerable elder and 24 not for the benefit of the vulnerable elder. Additionally, 25 under the bill, “financial exploitation” includes alteration 26 of a governing instrument by a person who stands in a position 27 of trust or confidence with the vulnerable elder. The bill 28 provides a definition of “governing instrument”. 29 The bill also amends the definition of “vulnerable elder” 30 to include a person 60 years of age or older who is unable to 31 protect the person’s self from elder abuse due to a personal 32 circumstance which results in an increased risk of physical, 33 financial, or psychological harm to the person. The bill 34 provides that clear and convincing evidence of physical, 35 -4- LSB 5255YH (7) 89 pf/rh 4/ 5

H.F. 2112 psychological, or financial harm to a person creates a 1 rebuttable presumption that the person was unable to protect 2 the person’s self. 3 The bill provides that a proceeding under Code chapter 235F 4 shall afford a vulnerable elder due process of law. 5 -5- LSB 5255YH (7) 89 pf/rh 5/ 5