HF 2122 (LSB 5522HH (3) 85)

HOUSE FILE 2122

BY  MASCHER, RUFF, HUNTER, MURPHY, STAED, JACOBY, KEARNS, DAWSON, STUTSMAN, LENSING, DUNKEL, ABDUL-SAMAD, COHOON, T. TAYLOR, HALL, MEYER, HEDDENS, BEARINGER, OURTH, WOLFE, ANDERSON, THEDE, H. MILLER, GAINES, STECKMAN, WINCKLER, BERRY, GASKILL, KAJTAZOVIC, HANSON, and OLDSON

A BILL FOR

An Act relating to elderly persons with aggressive or psychiatric behaviors in long-term care facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  FACILITY FOR ELDERLY PERSONS WITH AGGRESSIVE OR PSYCHIATRIC BEHAVIORS —— COMMITTEE —— REPORT.
   1.  The department of inspections and appeals, in conjunction with the department of human services, shall establish and facilitate a committee of stakeholders to examine options for designating a facility to provide care for elderly persons in this state who are sexually aggressive, combative, or have unmet geropsychiatric needs.
   2.  The membership of the committee shall include but is not limited to the following:
   a.  Representatives of the departments of inspections and appeals, human services, public health, and aging, the state public defender, the office of ombudsman, the office of the state long-term care ombudsman, and the judicial branch.
   b.  Consumers of services provided by long-term care facilities and family members of consumers.
   c.  Long-term care facility administrators or owners.
   d.  Direct care workers employed by long-term care facilities.
   e.  Representatives from Iowa legal aid.
   f.  Representatives from AARP Iowa.
   g.  Representatives from the Iowa civil liberties union.
   h.  Other stakeholders as the department of inspections and appeals and the department of human services deem appropriate.
   3.  The committee shall discuss whether a long-term care facility, as defined in section 142D.2, should have the ability to refuse admission to, or discharge, residents who are sexually aggressive, combative, or have unmet geropsychiatric needs. The committee shall consider options for establishment of a facility to provide care for persons who are sexually aggressive, combative, or have unmet geropsychiatric needs. The committee shall identify the characteristics of residents for such a facility, options for creating a new facility to house such residents, options for the expansion of an existing facility to house such residents, options for using any alternative facilities for such residents, the workforce and training necessary for the workforce in such facility, the use of protective restraints at such facility, options to qualify a facility for Medicaid reimbursement, cost projections for any recommendations, and other information deemed relevant by the department of inspections and appeals.
   4.  The committee shall provide a report detailing its findings and recommendations to the governor and the general assembly by December 15, 2014.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to housing of elderly persons who are sexually aggressive or combative or who have unmet geropsychiatric needs. The bill directs the department of inspections and appeals, in conjunction with the department of human services, to establish and facilitate a committee to address the placement or housing of such persons. The committee must identify the residents to be served; the need for a facility; options for creating a new facility, expanding an existing facility, or using any alternative facility for the purpose of housing the identified persons; the workforce and training needs for such a facility; the use of protective restraints at such facility; options to qualify a facility for Medicaid reimbursement; cost projections for the recommendations; and other information deemed relevant by the department of inspections and appeals. 
   The committee must provide a report of findings and recommendations to the governor and general assembly by December 15, 2014.