Bill Text: IA HF2422 | 2011-2012 | 84th General Assembly | Amended
Bill Title: A bill for an act relating to sex offender notification in a nursing facility, residential care facility, or assisted living program, providing penalties, and including effective date provisions. (Formerly HSB 551)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2012-04-24 - Message from House, with amendment S-5229. S.J. 848. [HF2422 Detail]
Download: Iowa-2011-HF2422-Amended.html
House
File
2422
-
Reprinted
HOUSE
FILE
2422
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HSB
551)
(As
Amended
and
Passed
by
the
House
March
14,
2012
)
A
BILL
FOR
An
Act
relating
to
sex
offender
notification
in
a
nursing
1
facility,
residential
care
facility,
or
assisted
living
2
program,
providing
penalties,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2422
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2422
Section
1.
Section
135C.3,
subsection
1,
Code
2011,
is
1
amended
to
read
as
follows:
2
1.
a.
A
licensed
nursing
facility
shall
provide
an
3
organized
twenty-four-hour
program
of
services
commensurate
4
with
the
needs
of
its
residents
and
under
the
immediate
5
direction
of
a
licensed
nurse.
Medical
and
nursing
services
6
must
be
provided
under
the
direction
of
either
a
house
7
physician
or
an
individually
selected
physician.
Surgery
or
8
obstetrical
care
shall
not
be
provided
within
the
facility.
9
An
admission
to
the
nursing
facility
must
be
based
on
a
10
physician’s
written
order
certifying
that
the
individual
being
11
admitted
requires
no
greater
degree
of
nursing
care
than
the
12
facility
to
which
the
admission
is
made
is
licensed
to
provide
13
and
is
capable
of
providing.
14
b.
A
nursing
facility
is
not
required
to
admit
an
individual
15
through
court
order,
referral,
or
other
means
without
the
16
express
prior
approval
of
the
administrator
or
owner
of
the
17
nursing
facility.
18
Sec.
2.
Section
135C.4,
Code
2011,
is
amended
to
read
as
19
follows:
20
135C.4
Residential
care
facilities.
21
1.
Each
facility
licensed
as
a
residential
care
facility
22
shall
provide
an
organized
continuous
twenty-four-hour
program
23
of
care
commensurate
with
the
needs
of
the
residents
of
the
24
home
and
under
the
immediate
direction
of
a
person
approved
25
and
certified
by
the
department
whose
combined
training
26
and
supervised
experience
is
such
as
to
ensure
adequate
and
27
competent
care.
28
2.
All
admissions
to
residential
care
facilities
shall
be
29
based
on
an
order
written
by
a
physician
certifying
that
the
30
individual
being
admitted
does
not
require
nursing
services
or
31
that
the
individual’s
need
for
nursing
services
can
be
avoided
32
if
home
and
community-based
services,
other
than
nursing
care,
33
as
defined
by
this
chapter
and
departmental
rule,
are
provided.
34
3.
For
the
purposes
of
this
section
,
the
home
and
35
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community-based
services
to
be
provided
shall
be
limited
to
the
1
type
included
under
the
medical
assistance
program
provided
2
pursuant
to
chapter
249A
,
shall
be
subject
to
cost
limitations
3
established
by
the
department
of
human
services
under
the
4
medical
assistance
program,
and
except
as
otherwise
provided
by
5
the
department
of
inspections
and
appeals
with
the
concurrence
6
of
the
department
of
human
services,
shall
be
limited
in
7
capacity
to
the
number
of
licensed
residential
care
facilities
8
and
the
number
of
licensed
residential
care
facility
beds
in
9
the
state
as
of
December
1,
2003.
10
4.
A
residential
care
facility
is
not
required
to
admit
11
an
individual
through
court
order,
referral,
or
other
means
12
without
the
express
prior
approval
of
the
administrator
or
13
owner
of
the
residential
care
facility.
14
Sec.
3.
NEW
SECTION
.
135C.23A
Sex
offender
notification.
15
1.
Upon
commitment
of
a
person
required
to
register
as
16
a
sex
offender
as
provided
in
section
692A.103
to
a
nursing
17
facility,
residential
care
facility,
or
assisted
living
program
18
as
defined
in
section
231C.2,
the
clerk
of
the
committing
court
19
shall
notify
the
department
of
inspections
and
appeals
and
the
20
admitting
facility
or
program.
21
2.
Prior
to
admission
of
a
resident
or
tenant
to
a
nursing
22
facility,
residential
care
facility,
or
assisted
living
23
program,
the
facility
or
program
shall
access
and
search
the
24
sex
offender
registry
established
in
chapter
692A
to
determine
25
whether
the
resident
or
tenant
is
a
person
required
to
register
26
as
a
sex
offender,
as
provided
in
section
692A.103.
27
3.
Upon
the
admission
of
a
person
required
to
register
as
a
28
sex
offender,
a
nursing
facility,
residential
care
facility,
or
29
assisted
living
program
shall
provide
notice
of
the
admission,
30
in
accordance
with
the
federal
Health
Insurance
Portability
and
31
Accountability
Act
of
1996,
Pub.
L.
No.
104-191,
other
state
32
and
federal
regulations,
and
rules
adopted
by
the
department,
33
to
all
of
the
following
persons:
34
a.
Residents
or
tenants
of
the
facility
or
program.
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b.
The
emergency
contact
person
or
next
of
kin
for
residents
1
or
tenants
of
the
facility
or
program.
2
c.
Operators,
owners,
managers,
or
employees
of
the
facility
3
or
program.
4
d.
Visitors
to
the
facility
or
program.
5
e.
The
sheriff
for
the
county
in
which
the
facility
or
6
program
is
located.
The
sheriff
shall
notify
local
law
7
enforcement
agencies.
8
4.
Upon
the
admission
of
a
person
required
to
register
as
a
9
sex
offender,
a
nursing
facility,
residential
care
facility,
or
10
assisted
living
program
shall
develop
and
implement
a
written
11
safety
plan
for
each
such
person
in
accordance
with
rules
12
adopted
by
the
department.
13
5.
The
department
shall
establish
by
rule,
all
of
the
14
following:
15
a.
The
requirements
of
the
notice
required
under
this
16
section.
The
rules
shall
include
but
are
not
limited
to
17
provisions
for
the
method
of
notice
and
time
of
notice
to
each
18
of
the
persons
enumerated
in
subsection
3.
19
b.
The
requirements
of
a
safety
plan
for
persons
required
20
to
register
as
a
sex
offender
who
are
admitted
by
a
nursing
21
facility,
residential
care
facility,
or
assisted
living
22
program.
The
rules
shall
include
but
are
not
limited
to
all
of
23
the
following:
24
(1)
A
plan
for
the
safety
of
residents,
tenants,
and
staff
25
of
the
facility
or
program.
26
(2)
A
plan
for
the
safety
of
others
when
community
functions
27
are
held
at
a
facility
or
program
and
when
a
person
required
to
28
register
as
a
sex
offender
is
not
on
the
premises
of
a
facility
29
or
program
but
the
person
remains
within
the
care,
custody,
and
30
control
of
the
facility
or
program.
31
(3)
A
provision
to
establish
the
responsibilities
of
a
32
nursing
facility,
residential
care
facility,
and
assisted
33
living
program
and
the
operators,
owners,
managers,
and
34
employees
of
facilities
and
programs
in
implementing
a
safety
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plan.
1
(4)
A
provision
for
the
timely
development
and
2
implementation
of
a
safety
plan.
3
6.
The
department
shall
work
with
interested
stakeholders
4
in
developing
the
proposed
rules
under
this
section.
5
7.
A
violation
of
this
section
is
subject
to
the
imposition
6
of
a
civil
penalty
in
accordance
with
rules
adopted
by
the
7
department
pursuant
to
this
section.
8
Sec.
4.
Section
231C.3,
subsection
9,
Code
2011,
is
amended
9
to
read
as
follows:
10
9.
An
assisted
living
program
shall
comply
with
section
11
sections
135C.23A
and
135C.33
.
12
Sec.
5.
Section
231C.5A,
Code
2011,
is
amended
to
read
as
13
follows:
14
231C.5A
Assessment
of
tenants
——
program
eligibility.
15
1.
An
assisted
living
program
receiving
reimbursement
16
through
the
medical
assistance
program
under
chapter
249A
shall
17
assist
the
department
of
veterans
affairs
in
identifying,
upon
18
admission
of
a
tenant,
the
tenant’s
eligibility
for
benefits
19
through
the
United
States
department
of
veterans
affairs.
The
20
assisted
living
program
shall
also
assist
the
commission
of
21
veterans
affairs
in
determining
such
eligibility
for
tenants
22
residing
in
the
program
on
July
1,
2009.
The
department
of
23
inspections
and
appeals,
in
cooperation
with
the
department
of
24
human
services,
shall
adopt
rules
to
administer
this
section
,
25
including
a
provision
that
ensures
that
if
a
tenant
is
eligible
26
for
benefits
through
the
United
States
department
of
veterans
27
affairs
or
other
third-party
payor,
the
payor
of
last
resort
28
for
reimbursement
to
the
assisted
living
program
is
the
medical
29
assistance
program.
The
rules
shall
also
require
the
assisted
30
living
program
to
request
information
from
a
tenant
or
tenant’s
31
personal
representative
regarding
the
tenant’s
veteran
status
32
and
to
report
to
the
department
of
veterans
affairs
only
the
33
names
of
tenants
identified
as
potential
veterans
along
with
34
the
names
of
their
spouses
and
any
dependents.
Information
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reported
by
the
assisted
living
program
shall
be
verified
by
1
the
department
of
veterans
affairs.
2
2.
An
assisted
living
program
is
not
required
to
enter
3
into
a
lease
or
occupancy
agreement
with
an
individual
through
4
court
order,
referral,
or
other
means
without
the
express
5
prior
approval
of
the
manager
or
owner
of
the
assisted
living
6
program.
7
Sec.
6.
Section
231C.14,
subsection
1,
Code
2011,
is
amended
8
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
d.
Noncompliance
with
section
135C.23A.
10
Sec.
7.
Section
602.8102,
Code
2011,
is
amended
by
adding
11
the
following
new
subsection:
12
NEW
SUBSECTION
.
152.
Notify
the
department
of
inspections
13
and
appeals
and
the
admitting
entity
upon
commitment
of
a
14
person
required
to
register
as
a
sex
offender
as
provided
in
15
section
692A.103
to
a
nursing
facility
or
residential
care
16
facility
as
defined
in
section
135C.1,
or
assisted
living
17
program
as
defined
in
section
231C.2.
18
Sec.
8.
PLACEMENT
OF
PERSONS
REQUIRED
TO
REGISTER.
19
1.
For
purposes
of
this
section,
“adequate
placement”
means
20
a
placement
that
will
provide
the
level
of
care
necessary
for
21
a
person
including
the
level
of
care
provided
by
a
nursing
22
facility
or
residential
care
facility.
23
2.
For
the
period
beginning
July
1,
2012,
through
June
24
30,
2013,
the
department
of
human
services,
in
compliance
25
with
federal
and
state
law,
shall
secure
adequate
placements
26
for
persons
required
to
register
as
a
sex
offender
pursuant
27
to
chapter
692A
who
are
being
released
from
the
custody
of
28
the
department
of
corrections
and
require
the
type
of
medical
29
and
personal
care
provided
by
a
nursing
facility,
residential
30
care
facility,
or
assisted
living
program;
who
are
being
31
discharged
or
transferred
from
nursing
facilities,
residential
32
care
facilities,
or
assisted
living
programs
pursuant
to
a
33
provision
of
this
Act;
or
who
require
the
type
of
medical
and
34
personal
care
provided
by
nursing
facilities,
residential
care
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facilities,
or
assisted
living
programs
when
the
persons
are
1
unable
to
gain
access
to
a
facility
or
program
because
the
2
persons
are
required
to
register
on
the
sex
offender
registry.
3
3.
The
department
of
human
services
may
use
a
state
facility
4
to
provide
care
for
such
persons
or
may
conduct
a
request
for
5
proposal
process
to
contract
with
a
private
facility
to
care
6
for
such
persons.
A
request
for
proposals
shall
identify
the
7
reimbursement
rate
and
the
necessary
training
for
staff
in
the
8
facility
or
program.
9
4.
The
department
of
human
services
shall
secure
an
adequate
10
placement
for
such
a
person
within
ten
business
days
of
being
11
notified
by
the
department
of
corrections,
the
department
of
12
inspections
and
appeals,
or
a
nursing
facility,
residential
13
care
facility,
or
assisted
living
program
that
placement
is
14
needed
for
such
person,
provided
that
such
period
shall
not
15
commence
until
the
department
of
public
safety
receives
and
16
approves
registration
data
and
makes
such
data
available
on
17
the
sex
offender
registry
internet
site
pursuant
to
section
18
692A.121,
subsection
12.
19
Sec.
9.
WORKFORCE
DEVELOPMENT
WORKGROUP.
20
1.
If
a
workgroup
to
address
issues
connected
with
workforce
21
development
related
to
mental
health
and
disability
services
22
is
established
by
or
as
a
result
of
legislation
enacted
by
the
23
2012
regular
session
of
the
Eighty-fourth
General
Assembly,
the
24
workgroup
shall
also
address
issues
connected
with
ensuring
25
that
an
adequate
workforce
is
available
in
the
state
to
provide
26
services
to
persons
who
have
a
history
of
committing
sexual
27
offenses
and
have
been
determined
to
be
likely
to
reoffend.
28
2.
a.
If
a
workgroup
to
address
issues
connected
with
29
workforce
development
for
mental
health
and
disability
services
30
is
not
established
by
or
as
a
result
of
legislation
enacted
by
31
the
2012
regular
session
of
the
Eighty-fourth
General
Assembly,
32
the
department
of
human
services
shall
convene
and
provide
33
support
to
a
health
and
mental
health
services
for
sexual
34
offender
workforce
development
workgroup
to
address
issues
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connected
with
ensuring
that
an
adequate
workforce
is
available
1
in
the
state
to
provide
health
and
mental
health
services
to
2
persons
who
have
a
history
of
committing
sexual
offenses
and
3
have
been
determined
to
be
likely
to
reoffend.
The
workgroup
4
shall
report
at
least
annually
to
the
governor
and
general
5
assembly
providing
findings,
recommendations,
and
financing
6
information
concerning
the
findings
and
recommendations.
7
b.
The
membership
of
the
workgroup
shall
include
all
of
the
8
following:
9
(1)
The
director
of
the
department
of
aging
or
the
10
director’s
designee.
11
(2)
The
director
of
the
department
of
corrections
or
the
12
director’s
designee.
13
(3)
The
director
of
the
department
of
education
or
the
14
director’s
designee.
15
(4)
The
director
of
human
services
or
the
director’s
16
designee.
17
(5)
The
director
of
the
department
of
public
health
or
the
18
director’s
designee.
19
(6)
The
director
of
the
department
of
workforce
development
20
or
the
director’s
designee.
21
(7)
At
least
three
individuals
who
have
a
history
of
22
committing
sexual
offenses
and
have
been
determined
likely
to
23
reoffend
who
are
receiving
mental
health
or
health
services
or
24
involved
relatives
of
such
individuals.
25
(8)
At
least
three
providers
of
mental
health
or
health
26
services
for
individuals
who
have
a
history
of
committing
27
sexual
offenses
and
have
been
determined
likely
to
reoffend.
28
(9)
Other
persons
identified
by
the
workgroup.
29
c.
In
addition
to
the
members
identified
in
paragraph
30
“b”,
the
membership
of
the
workgroup
shall
include
four
31
members
of
the
general
assembly
serving
in
a
ex
officio,
32
nonvoting
capacity.
One
member
shall
be
designated
by
each
33
of
the
following:
the
majority
leader
of
the
senate,
the
34
minority
leader
of
the
senate,
the
speaker
of
the
house
of
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representatives,
and
the
minority
leader
of
the
house
of
1
representatives.
A
legislative
member
serves
for
a
term
as
2
provided
in
section
69.16B.
3
d.
Except
as
provided
in
paragraph
“c”
for
legislative
4
appointments,
the
workgroup
shall
determine
its
own
rules
of
5
procedure,
membership
terms,
and
operating
provisions.
6
Sec.
10.
FACILITY
FOR
SEXUAL
OFFENDERS
COMMITTEE
AND
7
REPORT.
8
1.
The
department
of
inspections
and
appeals
shall
9
establish
and
facilitate
the
activities
of
a
committee
of
10
stakeholders
to
examine
options
for
designating
a
facility
11
to
provide
care
for
persons
in
this
state
who
have
a
history
12
of
committing
sexual
offenses
and
have
been
determined
to
be
13
likely
to
reoffend.
14
2.
The
membership
of
the
committee
shall
include
but
is
not
15
limited
to
the
following:
16
a.
Representatives
of
the
departments
of
inspections
17
and
appeals,
human
services,
public
health,
corrections,
and
18
aging,
the
office
of
the
state
public
defender,
the
office
of
19
the
citizens’
aide,
the
office
of
the
state
long-term
care
20
ombudsman,
and
the
judicial
branch.
21
b.
Consumers
of
services
provided
by
health
care
facilities
22
and
family
members
of
consumers.
23
c.
Representatives
of
the
health
care
industry
and
industry
24
associations.
25
d.
Direct
care
workers
employed
by
health
care
facilities.
26
e.
Representatives
from
the
Iowa
legal
aid.
27
f.
Representatives
from
AARP
Iowa.
28
g.
Representatives
from
the
Iowa
civil
liberties
union.
29
h.
Other
stakeholders
as
the
department
of
inspections
and
30
appeals
deems
necessary.
31
i.
Four
ex
officio,
nonvoting
members
from
the
general
32
assembly
with
not
more
than
one
member
from
each
chamber
being
33
from
the
same
political
party.
The
two
senators
shall
be
34
appointed,
one
each,
by
the
majority
leader
of
the
senate
and
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the
minority
leader
of
the
senate.
The
two
representatives
1
shall
be
appointed,
one
each,
by
the
speaker
of
the
house
2
of
representatives
and
the
minority
leader
of
the
house
of
3
representatives.
4
3.
The
committee
shall
discuss
and
make
recommendations
on
5
all
of
the
following:
6
a.
Options
to
create
a
new
facility
or
assist
an
existing
7
facility
to
expand
services
to
provide
care
for
elderly
persons
8
who
are
no
longer
under
judicial
control,
but
have
a
history
9
of
committing
sexual
offenses
and
have
been
determined
to
10
be
likely
to
reoffend.
The
committee
shall
identify
the
11
characteristics
of
a
client
for
such
a
facility,
the
need
for
12
such
a
facility,
options
for
creating
a
new
facility
to
house
13
such
persons,
options
for
the
expansion
of
an
existing
facility
14
to
house
such
persons,
options
for
using
any
alternative
15
facilities
for
such
purposes,
options
for
a
public-private
16
partnership
for
such
a
facility,
options
for
using
part
of
17
a
mental
health
institute
to
house
such
persons,
options
to
18
qualify
a
facility
for
Medicaid
reimbursement,
cost
projections
19
for
any
recommendations,
regulatory
challenges,
and
other
20
information
deemed
relevant
by
the
department
of
inspections
21
and
appeals.
22
b.
The
responsibility
of
the
court,
the
clerk
of
the
23
district
court,
the
department
of
corrections,
or
any
other
24
entity,
department,
or
person
to
inform
a
nursing
facility,
25
residential
care
facility,
or
an
assisted
living
program
of
the
26
admission
of
a
person
who
has
a
history
of
committing
sexual
27
offenses.
28
c.
The
responsibility
of
the
court,
clerk
of
the
district
29
court,
department
of
corrections,
a
facility,
or
any
other
30
entity,
department,
or
person
to
notify
persons
of
the
31
discharge
of
a
person
who
has
a
history
of
committing
sexual
32
offenses
from
a
nursing
facility,
residential
care
facility,
or
33
assisted
living
program.
34
d.
The
requirements
of
a
treatment
safety
plan
for
a
person
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admitted
to
a
nursing
facility,
residential
care
facility,
1
or
assisted
living
program
who
has
a
history
of
committing
2
sexual
offenses.
The
treatment
safety
plan
shall
address
the
3
procedure
for
notifying
other
residents
of
the
residency
of
a
4
person
required
to
register
as
a
sex
offender.
5
e.
The
establishment
of
a
formal
process
for
the
department
6
of
inspections
and
appeals
to
follow
when
completing
facility
7
or
assisted
living
program
inspections
or
surveys.
8
f.
The
establishment
of
a
system
for
the
judicial
branch
to
9
identify
facilities
with
the
capacity
to
provide
an
appropriate
10
placement
for
a
person
requiring
commitment
when
the
person
11
also
has
a
history
of
committing
sexual
offenses.
12
4.
The
committee
shall
provide
a
report
detailing
its
13
findings
and
recommendations
to
the
governor
and
the
general
14
assembly
by
December
14,
2012.
15
Sec.
11.
RULES.
The
department
of
inspections
and
appeals
16
shall
adopt
rules
to
administer
the
provisions
of
this
Act.
17
Sec.
12.
CURRENT
RESIDENTS
AND
TENANTS
——
ACCESS
AND
SEARCH
18
OF
SEX
OFFENDER
REGISTRY
AND
NOTIFICATION.
A
nursing
facility,
19
residential
care
facility,
or
assisted
living
program,
within
20
three
months
of
the
adoption
of
the
rules
by
the
department
of
21
inspections
and
appeals
regarding
notification
of
the
admission
22
of
persons
required
to
register
as
a
sex
offender
to
a
facility
23
or
program
and
development
and
implementation
of
safety
plans
24
relating
to
such
admitted
persons,
shall
access
and
search
the
25
sex
offender
registry
established
in
chapter
692A
for
persons
26
who
were
residents
or
tenants
of
a
facility
or
program
prior
to
27
the
adoption
of
the
rules
and
who
remain
residents
or
tenants
28
of
the
facility
or
program
after
the
adoption
of
the
rules.
29
Upon
determining
that
a
resident
or
tenant
is
a
person
required
30
to
register
as
a
sex
offender,
the
facility
or
program
shall,
31
within
three
months
of
the
adoption
of
the
rules,
work
with
32
the
department
of
inspections
and
appeals
and
the
department
33
of
human
services
to
transfer
a
sex
offender
living
in
the
34
facility
or
program
to
a
state
facility,
based
on
the
sex
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offender
status
as
an
endangerment
to
the
safety
of
individuals
1
in
the
facility
or
program,
or
notify
persons
as
required
by
2
section
135C.23A
and
the
rules
adopted
pursuant
to
that
section
3
and
develop
and
implement
a
safety
plan
as
required
by
section
4
135C.23A
and
the
rules
adopted
pursuant
to
that
section.
The
5
rules
shall
provide
that,
for
purposes
of
this
section,
a
6
nursing
facility,
residential
care
facility,
or
assisted
living
7
program
has
the
right
to
discharge
a
current
resident
or
tenant
8
based
solely
on
the
person’s
status
as
a
sex
offender
as
an
9
endangerment
to
the
safety
of
individuals
in
the
facility
or
10
program.
11
Sec.
13.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
12
of
immediate
importance,
takes
effect
upon
enactment.
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