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Senate File 416

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 416
  1  2  
  1  3                             AN ACT
  1  4 RELATING TO DEPENDENT ADULT ABUSE INCLUDING ELDER ABUSE 
  1  5    EMERGENCY SHELTER AND SUPPORT SERVICES PROJECTS.  
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8 
  1  9    Section 1.  NEW SECTION.  231.56A  ELDER ABUSE EMERGENCY
  1 10 SHELTER AND SUPPORT SERVICES PROJECTS.
  1 11    1.  Through the state's service contract process adopted
  1 12 pursuant to section 8.47, the department shall identify area
  1 13 agencies on aging that have demonstrated the ability to
  1 14 provide a collaborative response to the immediate needs of
  1 15 elders in the area agency on aging service area for the
  1 16 purpose of implementing elder abuse emergency shelter and
  1 17 support services projects.  The projects shall be implemented
  1 18 only in the counties within an area agency on aging service
  1 19 area that have a multidisciplinary team established pursuant
  1 20 to section 235B.1.
  1 21    2.  The target population of the projects shall be any
  1 22 elder residing in the service area of an area agency on aging
  1 23 who meets both of the following conditions:
  1 24    a.  Is the subject of a report of suspected dependent adult
  1 25 abuse pursuant to chapter 235B.
  1 26    b.  Is not receiving assistance under a county management
  1 27 plan approved pursuant to section 331.439.
  1 28    3.  The area agencies on aging implementing the projects
  1 29 shall identify allowable emergency shelter and support
  1 30 services, state funding, outcomes, reporting requirements, and
  1 31 approved community resources from which services may be
  1 32 obtained under the projects.  The area agency on aging shall
  1 33 identify at least one provider of case management services for
  1 34 the project area.
  1 35    4.  The area agencies on aging shall implement the projects
  2  1 and shall coordinate the provider network through the use of
  2  2 referrals or other engagement of community resources to
  2  3 provide services to elders.
  2  4    5.  The department shall award funds to the area agencies
  2  5 on aging in accordance with the state's service contract
  2  6 process.  Receipt and expenditures of moneys under the
  2  7 projects are subject to examination, including audit, by the
  2  8 department.
  2  9    6.  This section shall not be construed and is not intended
  2 10 as, and shall not imply, a grant of entitlement for services
  2 11 to individuals who are not otherwise eligible for the services
  2 12 or for utilization of services that do not currently exist or
  2 13 are not otherwise available.
  2 14    Sec. 2.  Section 235B.3, subsection 5, Code 2003, is
  2 15 amended to read as follows:
  2 16    5.  Following the reporting of suspected dependent adult
  2 17 abuse, the department of human services or an agency approved
  2 18 by the department shall complete an assessment of necessary
  2 19 services and shall make appropriate referrals for receipt of
  2 20 these services.  The assessment shall include interviews with
  2 21 the dependent adult, and, if appropriate, with the alleged
  2 22 perpetrator of the dependent adult abuse and with any person
  2 23 believed to have knowledge of the circumstances of the case.
  2 24 The department may provide necessary protective services and
  2 25 may establish a sliding fee schedule for those persons able to
  2 26 pay a portion of the protective services.
  2 27    Sec. 3.  Section 235B.6, subsection 2, paragraph c, Code
  2 28 2003, is amended by adding the following new subparagraph:
  2 29    NEW SUBPARAGRAPH.  (8)  An employee of an agency requested
  2 30 by the department to provide case management or other services
  2 31 to the dependent adult.
  2 32    Sec. 4.  Section 235B.6, subsection 2, paragraph e, Code
  2 33 2003, is amended by adding the following new subparagraph:
  2 34    NEW SUBPARAGRAPH.  (10)  The long-term care resident's
  2 35 advocate if the victim resides in a long-term care facility or
  3  1 the alleged perpetrator is an employee of a long-term care
  3  2 facility.
  3  3    Sec. 5.  Section 235B.6, subsection 3, Code 2003, is
  3  4 amended to read as follows:
  3  5    3.  Access to unfounded dependent adult abuse information
  3  6 is authorized only to those persons identified in subsection
  3  7 2, paragraph "a", paragraph "b", subparagraphs (2), (5), and
  3  8 (6), and paragraph "e", subparagraph subparagraphs (2) and
  3  9 (10).
  3 10    Sec. 6.  Section 235B.9, subsections 1, 2, and 3, Code
  3 11 2003, are amended to read as follows:
  3 12    1.  Dependent adult abuse information relating to a
  3 13 particular case of suspected dependent adult abuse which is
  3 14 determined by a preponderance of the evidence to be founded,
  3 15 shall be sealed ten years after the receipt of the initial
  3 16 report of such abuse by the registry unless good cause is
  3 17 shown why the information should remain open to authorized
  3 18 access.  If a subsequent report of a suspected case of founded
  3 19 dependent adult abuse involving the adult named in the initial
  3 20 report as the victim of abuse or a person named in such report
  3 21 as having abused an adult is received by the registry within
  3 22 the ten-year period, the information shall be sealed ten years
  3 23 after receipt of the subsequent report unless good cause is
  3 24 shown why the information should remain open to authorized
  3 25 access.
  3 26    2.  Dependent adult abuse information which cannot be
  3 27 determined by a preponderance of the evidence to be founded or
  3 28 unfounded shall be expunged one year after the receipt of the
  3 29 initial report of abuse and dependent adult abuse information
  3 30 which is determined by a preponderance of the evidence to be
  3 31 unfounded shall be expunged immediately when one year from the
  3 32 date it is determined to be unfounded.
  3 33    3.  However, if a correction of dependent adult abuse
  3 34 information is requested under section 235B.10 and the issue
  3 35 is not resolved at the end of one year the information shall
  4  1 be retained until the issue is resolved and if the dependent
  4  2 adult abuse information is not determined to be founded, the
  4  3 information shall be expunged immediately when one year from
  4  4 the date it is determined to be unfounded.  
  4  5 
  4  6 
  4  7                                                             
  4  8                               MARY E. KRAMER
  4  9                               President of the Senate
  4 10 
  4 11 
  4 12                                                             
  4 13                               CHRISTOPHER C. RANTS
  4 14                               Speaker of the House
  4 15 
  4 16    I hereby certify that this bill originated in the Senate and
  4 17 is known as Senate File 416, Eightieth General Assembly.
  4 18 
  4 19 
  4 20                                                             
  4 21                               MICHAEL E. MARSHALL
  4 22                               Secretary of the Senate
  4 23 Approved                , 2003
  4 24 
  4 25 
  4 26                                
  4 27 THOMAS J. VILSACK
  4 28 Governor
     

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