House
File
206
-
Introduced
HOUSE
FILE
206
BY
H.
MILLER
,
BERRY
,
ANDERSON
,
THEDE
,
STECKMAN
,
HANSON
,
MASCHER
,
GASKILL
,
ABDUL-SAMAD
,
T.
TAYLOR
,
RUNNING-MARQUARDT
,
KRESSIG
,
KAJTAZOVIC
,
WOLFE
,
and
BEARINGER
A
BILL
FOR
An
Act
relating
to
the
establishment
of
one
or
more
facilities
1
for
the
housing
of
certain
sex
offenders
in
need
of
medical
2
and
personal
care.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
218.101
Medical
and
personal
care
1
facility
for
sex
offenders.
2
1.
a.
By
July
1,
2014,
the
department
of
human
services,
3
subject
to
funding,
shall
establish
one
or
more
facilities
for
4
the
treatment
of
sex
offenders
classified
as
a
tier
II
or
tier
5
III
offender
who
require
the
type
of
medical
and
personal
care
6
provided
by
a
nursing
facility,
residential
care
facility,
or
7
assisted
living
program,
and
are
unable
to
obtain
admission
8
to
a
private
facility
due
to
the
persons’
status
as
a
sex
9
offender.
10
b.
The
department
may
use
or
establish
a
state
facility
11
or
facilities
for
the
purpose
described
in
this
section,
or
12
may
conduct
a
request
for
proposals
process
to
contract
with
13
private
facilities
or
programs
to
provide
some
or
all
of
the
14
necessary
services
described
in
subsection
2
for
eligible
15
persons
identified
in
subsection
3.
A
request
for
proposals
16
shall
identify
the
reimbursement
rates
and
the
necessary
17
training
for
the
staff
and
the
staffing
requirements
for
the
18
facility
or
program.
19
2.
The
purpose
of
a
medical
and
personal
care
facility
for
20
sex
offenders
is
to
provide
one
or
more
of
the
following:
21
a.
To
provide
the
type
of
care
provided
in
a
nursing
22
facility
as
described
in
section
135C.1,
subsection
13.
23
b.
To
provide
the
type
of
care
provided
in
a
residential
24
care
facility
as
described
in
section
135C.1,
subsection
17.
25
c.
To
provide
the
type
of
care
provided
in
assisted
living
26
programs
as
described
in
section
231C.2,
subsection
2.
27
3.
A
person
is
eligible
for
admission
to
a
medical
and
28
personal
care
facility
for
sex
offenders
if
the
person
meets
29
all
of
the
following
requirements:
30
a.
The
person
is
classified
as
a
tier
II
or
tier
III
sex
31
offender
pursuant
to
section
692A.102.
32
b.
The
person
requires
the
type
of
medical
and
personal
care
33
provided
by
a
nursing
facility,
residential
care
facility,
or
34
assisted
living
program.
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c.
The
person
is
unable
to
obtain
admission
to
a
private
1
nursing
facility,
residential
care
facility,
or
assisted
living
2
program
due
to
the
person’s
status
as
a
sex
offender.
3
4.
a.
A
person
requesting
admission
to
a
facility
shall
4
submit
an
application
for
admission
to
the
department.
5
b.
A
representative
of
the
department
of
inspections
and
6
appeals,
the
department
of
corrections,
or
the
department
7
of
public
safety,
an
administrator
of
a
residential
care
8
facility
or
nursing
facility
or
the
administrator’s
designee,
9
or
a
manager
of
an
assisted
living
program
or
the
manager’s
10
designee,
may
also
submit
an
application
requesting
admission
11
to
a
facility
on
behalf
of
a
person
with
the
permission
of
the
12
person
or
the
person’s
guardian.
13
c.
The
application
shall
include
a
statement
concerning
14
the
actions
the
person
requesting
admission
to
a
facility
has
15
taken,
or
the
steps
taken
on
the
person’s
behalf,
to
obtain
16
admission
to
a
private
nursing
facility,
residential
care
17
facility,
or
assisted
living
program.
18
5.
Upon
application
by
or
on
behalf
of
a
person
meeting
19
the
eligibility
requirements,
the
department
shall
admit
the
20
resident
or
tenant
to
a
medical
and
personal
care
facility
for
21
sex
offenders
unless
an
alternative,
adequate
placement
for
the
22
person
is
arranged.
23
6.
Upon
admission
to
a
state-operated
medical
and
personal
24
care
facility,
the
department
shall
assess
a
resident
or
tenant
25
to
identify
payment
options.
The
payor
of
last
resort
for
the
26
facility
is
the
medical
assistance
program
established
pursuant
27
to
chapter
249A.
28
7.
A
resident
or
tenant
may
be
discharged
from
a
29
state-operated
facility
if
the
person
is
no
longer
required
30
to
register
as
a
tier
II
or
tier
III
sex
offender,
if
the
31
department
determines
the
person
no
longer
requires
the
type
32
of
medical
and
personal
care
provided
by
a
nursing
facility,
33
residential
care
facility,
or
assisted
living
program,
or
if
an
34
alternative,
adequate
placement
is
arranged.
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8.
For
purposes
of
this
section,
“adequate
placement”
means
1
a
placement
that
will
provide
the
level
of
care
necessary
for
2
an
eligible
person
including
the
level
of
care
provided
by
a
3
nursing
facility,
residential
care
facility,
or
assisted
living
4
program.
5
9.
A
state-operated
facility
offering
the
type
of
medical
6
and
personal
care
provided
by
a
nursing
facility
shall
meet
the
7
requirements
for
Medicare
certification.
A
facility
operated
8
by
the
state
shall
not
be
required
to
be
licensed
or
certified
9
under
chapter
135C
or
231C.
10
10.
The
department
shall
establish
by
rule
all
of
the
11
following
requirements
for
a
medical
and
personal
care
facility
12
for
sex
offenders:
13
a.
The
training
requirements
for
staff
at
a
facility.
14
b.
The
staffing
plans
for
a
facility.
15
c.
The
requirements
of
a
safety
plan
for
residents
or
16
tenants
of
a
facility.
The
rules
shall
include
but
are
not
17
limited
to
all
of
the
following:
18
(1)
A
plan
for
the
safety
of
residents,
tenants,
and
staff
19
of
a
facility.
20
(2)
A
plan
for
the
safety
of
visitors
to
a
facility.
21
(3)
The
responsibilities
of
employees
of
a
facility
in
22
implementing
a
safety
plan.
23
d.
The
discharge
policy
and
requirements
of
a
state-operated
24
facility.
25
e.
The
security
policy
and
the
level
of
security
that
is
26
adequate
for
a
facility.
27
11.
The
department
shall
adopt
rules
to
administer
this
28
section.
29
EXPLANATION
30
This
bill
relates
to
the
establishment
of
a
facility
to
31
provide
for
the
housing
and
care
of
certain
sex
offenders
in
32
need
of
medical
and
personal
care.
The
bill
requires
the
33
department
of
human
services
(DHS)
to
establish
one
or
more
34
facilities,
by
July
1,
2014,
to
house
and
care
for
tier
II
or
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206
tier
III
sex
offenders
that
need
personal
and
medical
care
and
1
are
unable
to
obtain
admission
to
a
private
facility
because
2
of
the
person’s
status
as
a
sex
offender.
The
bill
states
that
3
DHS
may
use
or
establish
a
state
facility
to
provide
care
for
4
these
persons
or
may
conduct
a
request
for
proposals
process
to
5
contract
with
a
private
provider
to
provide
services
for
these
6
persons.
7
The
purpose
of
the
establishment
of
the
medical
and
personal
8
care
facility
for
sex
offenders
is
to
provide
the
type
of
care
9
provided
by
a
residential
care
facility,
nursing
facility,
or
10
assisted
living
program.
11
The
bill
provides
that
a
person
is
eligible
for
admission
to
12
a
medical
and
personal
care
facility
for
sex
offenders
if
the
13
person
is
classified
as
a
tier
II
or
tier
III
sex
offender,
the
14
person
requires
the
type
of
medical
and
personal
care
provided
15
by
a
nursing
facility,
residential
care
facility,
or
assisted
16
living
program,
and
the
person
is
unable
to
obtain
admission
17
to
a
private
nursing
facility,
residential
care
facility,
or
18
assisted
living
program
due
to
the
person’s
status
as
a
sex
19
offender.
If
a
person
admitted
to
a
state-operated
medical
and
20
personal
care
facility
for
sex
offenders
no
longer
meets
one
of
21
these
eligibility
requirements,
the
patient
may
be
discharged.
22
A
person
may
also
be
discharged
from
a
state-operated
facility
23
if
an
alternative,
adequate
placement
is
arranged.
24
A
person
must
submit
an
application
for
admission
to
a
25
medical
and
personal
care
facility
for
sex
offenders
to
DHS.
26
An
application
may
also
be
submitted
on
the
person’s
behalf
27
with
the
person’s
permission.
Upon
the
application
of
an
28
eligible
person,
the
medical
and
personal
care
facility
must
29
admit
that
resident
or
tenant
unless
an
alternative,
adequate
30
placement
for
the
person
is
arranged.
31
The
bill
requires
DHS
to
assess
a
resident
or
tenant’s
32
payment
options
if
accepted
into
a
state-operated
facility.
33
Medicaid
is
declared
to
be
the
payor
of
last
resort.
34
The
bill
also
mandates
that
a
state-operated
medical
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and
personal
care
facility
for
sex
offenders
providing
1
nursing
facility
care
must
meet
requirements
for
Medicare
2
certification,
but
a
state-operated
medical
and
personal
care
3
facility
is
not
required
to
be
licensed
or
certified
under
Code
4
chapter
135C
or
231C.
5
The
bill
provides
certain
requirements
that
DHS
must
6
establish
by
rule
concerning
the
operations
of
a
medical
and
7
personal
care
facility
for
sex
offenders.
These
requirements
8
include
staff
training
requirements,
staffing
plans,
safety
9
plan
requirements,
the
discharge
policy
and
requirements
of
a
10
state-operated
facility,
and
the
security
policy
of
a
facility.
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