House Amendment 1300 PAG LIN 1 1 Amend Senate File 416, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 <Section 1. NEW SECTION. 231.56A ELDER ABUSE 1 6 EMERGENCY SHELTER AND SUPPORT SERVICES PROJECTS. 1 7 1. Through the state's service contract process 1 8 adopted pursuant to section 8.47, the department shall 1 9 identify area agencies on aging that have demonstrated 1 10 the ability to provide a collaborative response to the 1 11 immediate needs of elders in the area agency on aging 1 12 service area for the purpose of implementing elder 1 13 abuse emergency shelter and support services projects. 1 14 The projects shall be implemented only in the counties 1 15 within an area agency on aging service area that have 1 16 a multidisciplinary team established pursuant to 1 17 section 235B.1. 1 18 2. The target population of the projects shall be 1 19 any elder residing in the service area of an area 1 20 agency on aging who meets both of the following 1 21 conditions: 1 22 a. Is the subject of a report of suspected 1 23 dependent adult abuse pursuant to chapter 235B. 1 24 b. Is not receiving assistance under a county 1 25 management plan approved pursuant to section 331.439. 1 26 3. The area agencies on aging implementing the 1 27 projects shall identify allowable emergency shelter 1 28 and support services, state funding, outcomes, 1 29 reporting requirements, and approved community 1 30 resources from which services may be obtained under 1 31 the projects. The area agency on aging shall identify 1 32 at least one provider of case management services for 1 33 the project area. 1 34 4. The area agencies on aging shall implement the 1 35 projects and shall coordinate the provider network 1 36 through the use of referrals or other engagement of 1 37 community resources to provide services to elders. 1 38 5. The department shall award funds to the area 1 39 agencies on aging in accordance with the state's 1 40 service contract process. Receipt and expenditures of 1 41 moneys under the projects are subject to examination, 1 42 including audit, by the department. 1 43 6. This section shall not be construed and is not 1 44 intended as, and shall not imply, a grant of 1 45 entitlement for services to individuals who are not 1 46 otherwise eligible for the services or for utilization 1 47 of services that do not currently exist or are not 1 48 otherwise available. 1 49 Sec. 2. Section 235B.3, subsection 5, Code 2003, 1 50 is amended to read as follows: 2 1 5. Following the reporting of suspected dependent 2 2 adult abuse, the department of human services or an 2 3 agency approved by the department shall complete an 2 4 assessment of necessary services and shall make 2 5 appropriate referrals for receipt of these services. 2 6 The assessment shall include interviews with the 2 7 dependent adult, and, if appropriate, with the alleged 2 8 perpetrator of the dependent adult abuse and with any 2 9 person believed to have knowledge of the circumstances 2 10 of the case. The department may provide necessary 2 11 protective services and may establish a sliding fee 2 12 schedule for those persons able to pay a portion of 2 13 the protective services. 2 14 Sec. 3. Section 235B.6, subsection 2, paragraph c, 2 15 Code 2003, is amended by adding the following new 2 16 subparagraph: 2 17 NEW SUBPARAGRAPH. (8) An employee of an agency 2 18 requested by the department to provide case management 2 19 or other services to the dependent adult. 2 20 Sec. 4. Section 235B.6, subsection 2, paragraph e, 2 21 Code 2003, is amended by adding the following new 2 22 subparagraph: 2 23 NEW SUBPARAGRAPH. (10) The long=term care 2 24 resident's advocate if the victim resides in a long= 2 25 term care facility or the alleged perpetrator is an 2 26 employee of a long=term care facility. 2 27 Sec. 5. Section 235B.6, subsection 3, Code 2003, 2 28 is amended to read as follows: 2 29 3. Access to unfounded dependent adult abuse 2 30 information is authorized only to those persons 2 31 identified in subsection 2, paragraph "a", paragraph 2 32 "b", subparagraphs (2), (5), and (6), and paragraph 2 33 "e",subparagraphsubparagraphs (2) and (10). 2 34 Sec. 6. Section 235B.9, subsections 1, 2, and 3, 2 35 Code 2003, are amended to read as follows: 2 36 1. Dependent adult abuse informationrelating to a 2 37 particular case of suspected dependent adult abuse2 38 which is determined by a preponderance of the evidence 2 39 to be founded, shall be sealed ten years after the 2 40 receipt of the initial report of such abuse by the 2 41 registry unless good cause is shown why the 2 42 information should remain open to authorized access. 2 43 If a subsequent report ofa suspected case offounded 2 44 dependent adult abuse involving the adult named in the 2 45 initial report as the victim of abuse or a person 2 46 named in such report as having abused an adult is 2 47 received by the registry within the ten=year period, 2 48 the information shall be sealed ten years after 2 49 receipt of the subsequent report unless good cause is 2 50 shown why the information should remain open to 3 1 authorized access. 3 2 2. Dependent adult abuse information whichcannot 3 3 be determined by a preponderance of the evidence to be 3 4 founded or unfounded shall be expunged one year after 3 5 the receipt of the initial report of abuse and 3 6 dependent adult abuse information whichis determined 3 7 by a preponderance of the evidence to be unfounded 3 8 shall be expungedimmediately whenone year from the 3 9 date it is determined to be unfounded. 3 10 3. However, if a correction of dependent adult 3 11 abuse information is requested under section 235B.10 3 12 and the issue is not resolved at the end of one year 3 13 the information shall be retained until the issue is 3 14 resolved and if the dependent adult abuse information 3 15 is not determined to be founded, the information shall 3 16 be expungedimmediately whenone year from the date it 3 17 is determined to be unfounded.> 3 18 #2. Title page, line 1, by striking the words <to 3 19 an> and inserting the following: <to dependent adult 3 20 abuse including elder abuse>. 3 21 #3. Title page, by striking line 2 and inserting 3 22 the following: <projects>. 3 23 3 24 3 25 3 26 COMMITTEE ON HUMAN RESOURCES 3 27 BODDICKER of Cedar, CHAIRPERSON 3 28 SF 416.202 80 3 29 pf/sh -1-