Text: HF00654                           Text: HF00656
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House File 655

Partial Bill History

Bill Text

PAG LIN
  1  1                                        HOUSE FILE 655
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ESTABLISHMENT OF A SYSTEM OF OVERSIGHT FOR
  1  5    ADULT DAY SERVICES.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  Section 89.2, subsection 5, paragraph a, Code
  1 10 2001, is amended to read as follows:
  1 11    a.  A building or structure primarily used as a theater,
  1 12 motion picture theater, museum, arena, exhibition hall,
  1 13 school, college, dormitory, bowling alley, physical fitness
  1 14 center, family entertainment center, lodge hall, union hall,
  1 15 pool hall, casino, place of worship, funeral home, institution
  1 16 of health and custodial care, hospital, or child care or adult
  1 17 day care services.
  1 18    Sec. 2.  Section 135C.1, subsection 1, Code 2001, is
  1 19 amended to read as follows:
  1 20    1.  "Adult day care services" means an organized program of
  1 21 supportive care provided for sixteen hours or less in a
  1 22 twenty-four-hour period to persons who require support and
  1 23 assistance on a regular or intermittent basis adult day
  1 24 services as defined in section 231.61 that are provided in a
  1 25 licensed health care facility.
  1 26    Sec. 3.  Section 135C.2, subsection 6, paragraph a, Code
  1 27 2001, is amended to read as follows:
  1 28    a.  This chapter shall not apply to adult day care services
  1 29 provided in a health care facility.  However, adult day care
  1 30 services shall not be provided by a health care facility to
  1 31 persons requiring a level of care which is higher than the
  1 32 level of care the facility is licensed to provide.
  1 33    Sec. 4.  Section 135C.33, subsection 5, paragraph a, Code
  1 34 2001, is amended to read as follows:
  1 35    a.  An employee of a homemaker, home-health aide, home-care
  2  1 aide, adult day care services, or other provider of in-home
  2  2 services if the employee provides direct services to
  2  3 consumers.
  2  4    Sec. 5.  Section 234.6, subsection 6, paragraph a, Code
  2  5 2001, is amended to read as follows:
  2  6    a.  Child care for children or adult day care for adults
  2  7 services, in facilities which are licensed or are approved as
  2  8 meeting standards for licensure.
  2  9    Sec. 6.  NEW SECTION.  231.61  ADULT DAY SERVICES
  2 10 REQUIREMENTS – OVERSIGHT.
  2 11    1.  As used in this section, unless the context otherwise
  2 12 requires, "adult day services" means personal care services
  2 13 provided on a planned basis in a supervised, protective,
  2 14 congregate setting during some portion of the twenty-four hour
  2 15 day.  Services offered as adult day services may include but
  2 16 are not limited to social, recreational, or health services,
  2 17 support services such as training and counseling, meals,
  2 18 medication assistance, rehabilitation services, and home
  2 19 health aide services.  Adult day services provided in an
  2 20 existing facility, must have separate and distinct staff,
  2 21 hours of operation, and designated space.
  2 22    2.  The department shall establish, in cooperation with the
  2 23 department of inspections and appeals, the department of human
  2 24 services, the Iowa department of public health, the area
  2 25 agencies on aging, industry representatives, and consumers, a
  2 26 system of oversight for all adult day services in the state.
  2 27 The system shall address, but is not limited to, all of the
  2 28 following:
  2 29    a.  Requirements for the operation of adult day services.
  2 30    b.  Oversight measures including evaluation of adult day
  2 31 services and assessment of compliance with rules for adult day
  2 32 services.
  2 33    c.  A system for formal investigation of consumer
  2 34 complaints relating to adult day services.
  2 35    d.  Coordination of requirements and funding sources
  3  1 available to adult day services.
  3  2    3.  The department shall adopt rules pursuant to chapter
  3  3 17A to implement the system.
  3  4    Sec. 7.  Section 235B.2, subsection 14, Code 2001, is
  3  5 amended to read as follows:
  3  6    14.  "Support services" includes but is not limited to
  3  7 community-based services including area agency on aging
  3  8 assistance, mental health services, fiscal management, home
  3  9 health services, housing-related services, counseling
  3 10 services, transportation services, adult day care services,
  3 11 respite services, legal services, and advocacy services.
  3 12    Sec. 8.  Section 249H.2, subsection 1, paragraph d, Code
  3 13 2001, is amended to read as follows:
  3 14    d.  The supported development of long-term care
  3 15 alternatives, including assisted-living facility services,
  3 16 adult day care services, and home and community-based
  3 17 services, is critical in areas of the state where such
  3 18 alternatives otherwise are not likely to be developed.
  3 19    Sec. 9.  Section 249H.6, subsection 5, Code 2001, is
  3 20 amended to read as follows:
  3 21    5.  In addition to the types of grants described in
  3 22 subsection 1, the department of human services, at the
  3 23 direction of the senior living coordinating unit, may also use
  3 24 moneys appropriated to the department from the senior living
  3 25 trust fund to award grants, of not more than one hundred
  3 26 thousand dollars per grant, to licensed nursing facilities
  3 27 that are awarded nursing facility conversion grants and agree,
  3 28 as part of the nursing facility conversion, to also provide
  3 29 adult day care services, child care for children with special
  3 30 needs, safe shelter for victims of dependent adult abuse, or
  3 31 respite care.
  3 32    Sec. 10.  Section 249H.7, subsection 1, Code 2001, is
  3 33 amended to read as follows:
  3 34    1.  Beginning October 1, 2000, the department of elder
  3 35 affairs, in consultation with the senior living coordinating
  4  1 unit, shall use funds appropriated from the senior living
  4  2 trust fund for activities related to the design, maintenance,
  4  3 or expansion of home and community-based services for seniors,
  4  4 including but not limited to adult day care services, personal
  4  5 care, respite, homemaker, chore, and transportation services
  4  6 designed to promote the independence of and to delay the use
  4  7 of institutional care by seniors with low and moderate
  4  8 incomes.  At any time that moneys are appropriated, the
  4  9 department of elder affairs, in consultation with the senior
  4 10 living coordinating unit, shall disburse the funds to the area
  4 11 agencies on aging.
  4 12    Sec. 11.  Section 422.45, subsection 22, paragraph c, Code
  4 13 2001, is amended to read as follows:
  4 14    c.  Rehabilitation facilities that provide accredited
  4 15 rehabilitation services to persons with disabilities which are
  4 16 accredited by the commission on accreditation of
  4 17 rehabilitation facilities or the accreditation council for
  4 18 services for persons with mental retardation and other persons
  4 19 with developmental disabilities and adult day care services
  4 20 approved for reimbursement by the state department of human
  4 21 services.
  4 22    Sec. 12.  IMPLEMENTATION – CONTINGENCY.  The department
  4 23 shall implement the adult day services system developed
  4 24 pursuant to section 231.61 on July 1, 2002, or at such time as
  4 25 the general assembly appropriates sufficient funding to
  4 26 implement the system.  
  4 27 
  4 28 
  4 29                                                             
  4 30                               BRENT SIEGRIST
  4 31                               Speaker of the House
  4 32 
  4 33 
  4 34                                                             
  4 35                               MARY E. KRAMER
  5  1                               President of the Senate
  5  2 
  5  3    I hereby certify that this bill originated in the House and
  5  4 is known as House File 655, Seventy-ninth General Assembly.
  5  5 
  5  6 
  5  7                                                             
  5  8                               MARGARET THOMSON
  5  9                               Chief Clerk of the House
  5 10 Approved                , 2001
  5 11 
  5 12 
  5 13                            
  5 14 THOMAS J. VILSACK
  5 15 Governor
     

Text: HF00654                           Text: HF00656
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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