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", subparagraph subparagraphs (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 information relating to a
     2 37 particular case of suspected dependent adult abuse
     2 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 of a suspected case of founded
     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 which cannot
     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 which is determined
     3  7 by a preponderance of the evidence to be unfounded
     3  8 shall be expunged immediately when one 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 expunged immediately when one 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

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