HF 399 (LSB 2536YH (3) 86)

HOUSE FILE 399

BY  H. MILLER, RUFF, GAINES, OURTH, HANSON, ANDERSON, KEARNS, COHOON, WINCKLER, LENSING, BERRY, MASCHER, and THEDE

A BILL FOR

An Act relating to the establishment of one or more facilities for the housing of certain sex offenders in need of medical and personal care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  218.101  Medical and personal care facility for sex offenders.
   1.  a.  By July 1, 2016, the department of human services, subject to funding, shall establish one or more facilities for the treatment of sex offenders classified as a tier II or tier III offender who require the type of medical and personal care provided by a nursing facility, residential care facility, or assisted living program, and are unable to obtain admission to a private facility due to the persons’ status as a sex offender.
   b.  The department may use or establish a state facility or facilities for the purpose described in this section, or may conduct a request for proposals process to contract with private facilities or programs to provide some or all of the necessary services described in subsection 2 for eligible persons identified in subsection 3. A request for proposals shall identify the reimbursement rates and the necessary training for the staff and the staffing requirements for the facility or program.
   2.  The purpose of a medical and personal care facility for sex offenders is to provide one or more of the following:
   a.  To provide the type of care provided in a nursing facility as described in section 135C.1, subsection 13.
   b.  To provide the type of care provided in a residential care facility as described in section 135C.1, subsection 19.
   c.  To provide the type of care provided in assisted living programs as described in section 231C.2, subsection 2.
   3.  A person is eligible for admission to a medical and personal care facility for sex offenders if the person meets all of the following requirements:
   a.  The person is classified as a tier II or tier III sex offender pursuant to section 692A.102.
   b.  The person requires the type of medical and personal care provided by a nursing facility, residential care facility, or assisted living program.
   c.  The person is unable to obtain admission to a private nursing facility, residential care facility, or assisted living program due to the person’s status as a sex offender.
   4.  a.  A person requesting admission to a facility shall submit an application for admission to the department of human services.
   b.  A representative of the department of inspections and appeals, the department of corrections, or the department of public safety, an administrator of a residential care facility or nursing facility or the administrator’s designee, or a manager of an assisted living program or the manager’s designee, may also submit an application requesting admission to a facility on behalf of a person with the permission of the person or the person’s guardian.
   c.  The application shall include a statement concerning the actions the person requesting admission to a facility has taken, or the steps taken on the person’s behalf, to obtain admission to a private nursing facility, residential care facility, or assisted living program.
   5.  Upon application by or on behalf of a person meeting the eligibility requirements, the department of human services shall admit the resident or tenant to a medical and personal care facility for sex offenders unless an alternative, adequate placement for the person is arranged.
   6.  Upon admission to a state-operated medical and personal care facility, the department of human services shall assess a resident or tenant to identify payment options. The payor of last resort for the facility is the medical assistance program established pursuant to chapter 249A.
   7.  A resident or tenant may be discharged from a state-operated medical and personal care facility if the person is no longer required to register as a tier II or tier III sex offender, if the department of human services determines the person no longer requires the type of medical and personal care provided by a nursing facility, residential care facility, or assisted living program, or if an alternative, adequate placement is arranged.
   8.  For purposes of this section, “adequate placement” means a placement that will provide the level of care necessary for an eligible person including the level of care provided by a nursing facility, residential care facility, or assisted living program.
   9.  A state-operated medical and personal care facility offering the type of medical and personal care provided by a nursing facility shall meet the requirements for Medicare certification. A medical and personal care facility operated by the state shall not be required to be licensed or certified under chapter 135C or 231C.
   10.  The department shall establish by rule all of the following requirements for a medical and personal care facility for sex offenders:
   a.  The training requirements for staff at a facility.
   b.  The staffing plans for a facility.
   c.  The requirements of a safety plan for residents or tenants of a facility. The rules shall include but are not limited to all of the following:
   (1)  A plan for the safety of residents, tenants, and staff of a facility.
   (2)  A plan for the safety of visitors to a facility.
   (3)  The responsibilities of employees of a facility in implementing a safety plan.
   d.  The discharge policy and requirements of a state-operated facility.
   e.  The security policy and the level of security that is adequate for a facility.
   11.  The department of human services shall adopt rules to administer this section.
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 the establishment of a facility to provide for the housing and care of certain sex offenders in need of medical and personal care. The bill requires the department of human services (DHS) to establish one or more facilities, by July 1, 2016, to house and care for tier II or tier III sex offenders who need personal and medical care and are unable to obtain admission to a private facility because of the person’s status as a sex offender. The bill states that DHS may use or establish a state facility to provide care for these persons or may conduct a request for proposals process to contract with a private provider to provide services for these persons.
   The purpose of the establishment of the medical and personal care facility for sex offenders is to provide the type of care provided by a residential care facility, nursing facility, or assisted living program.
   The bill provides that a person is eligible for admission to a medical and personal care facility for sex offenders if the person is classified as a tier II or tier III sex offender, the person requires the type of medical and personal care provided by a nursing facility, residential care facility, or assisted living program, and the person is unable to obtain admission to a private nursing facility, residential care facility, or assisted living program due to the person’s status as a sex offender. If a person admitted to a state-operated medical and personal care facility for sex offenders no longer meets one of these eligibility requirements, the patient may be discharged. A person may also be discharged from a state-operated facility if an alternative, adequate placement is arranged.
   A person must submit an application for admission to a medical and personal care facility for sex offenders to DHS.  An application may also be submitted on the person’s behalf with the person’s permission. Upon the application of an eligible person, the medical and personal care facility must admit that resident or tenant unless an alternative, adequate placement for the person is arranged.
   The bill requires DHS to assess a resident or tenant’s payment options if accepted into a state-operated facility. Medicaid is declared to be the payor of last resort.
   The bill also mandates that a state-operated medical and personal care facility for sex offenders providing nursing facility care must meet requirements for Medicare certification, but a state-operated medical and personal care facility is not required to be licensed or certified under Code chapter 135C or 231C.
   The bill provides certain requirements that DHS must establish by rule concerning the operations of a medical and personal care facility for sex offenders. These requirements include staff training requirements, staffing plans, safety plan requirements, the discharge policy and requirements of a state-operated facility, and the security policy of a facility.