Senate Amendment to House File 2422 H-8486 Amend House File 2422, as amended, passed, and 1 reprinted by the House, as follows: 2 1. Page 1, line 17, by striking < or owner > 3 2. Page 1, line 18, after < facility. > by inserting 4 < For purposes of this paragraph, the approval of 5 the administrator of the nursing facility cannot 6 be withheld on the basis of considerations that are 7 otherwise prohibited by state or federal law. > 8 3. Page 2, lines 13 and 14, by striking < or owner > 9 4. Page 2, line 14, after < facility. > by inserting 10 < For purposes of this subsection, the approval of the 11 administrator of the residential care facility cannot 12 be withheld on the basis of considerations that are 13 otherwise prohibited by state or federal law. > 14 5. By striking page 2, line 15, through page 4, 15 line 12, and inserting: 16 < Sec. ___. Section 229A.8A, subsection 5, Code 17 2011, is amended to read as follows: 18 5. Committed Except as provided in subsection 6A, 19 committed persons in the transitional release program 20 are not necessarily required to be segregated from 21 other persons. 22 Sec. ___. Section 229A.8A, Code 2011, is amended by 23 adding the following new subsection: 24 NEW SUBSECTION . 6A. Persons in the transitional 25 release program shall not be released to a health care 26 facility as defined in section 135C.1. 27 Sec. ___. Section 229A.9A, Code 2011, is amended by 28 adding the following new subsection: 29 NEW SUBSECTION . 3A. If a release with or without 30 supervision is ordered, the committed person shall not 31 be released to a health care facility as defined in 32 section 135C.1. > 33 6. Page 5, line 6, by striking < or owner > 34 7. Page 5, line 7, after < program. > by inserting 35 < For purposes of this subsection, the approval of 36 the manager of the assisted living program cannot 37 be withheld on the basis of considerations that are 38 otherwise prohibited by state or federal law. > 39 8. Page 5, by striking lines 8 through 10. 40 9. By striking page 5, line 19, through page 6, 41 line 19. 42 10. Page 8, line 9, after < appeals > by inserting < , 43 in conjunction with the department of human services, > 44 11. Page 8, line 31, by striking < deems > and 45 inserting < and the department of human services deem > 46 12. By striking page 8, line 32, through page 9, 47 line 4. 48 13. By striking page 9, line 5, through page 10, 49 line 12, and inserting: 50 -1- HF2422.5949.S (1) 84 jh 1/ 3 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11. #12. #13.

< 3. The committee shall discuss and make 1 recommendations on options to create a new facility 2 or assist an existing facility to expand services 3 to provide care for elderly persons who have 4 previously been declared to be a sexually violent 5 predator pursuant to chapter 229A. The committee 6 shall identify the characteristics of a client 7 for such a facility, the need for such a facility, 8 options for creating a new facility to house such 9 clients, options for the expansion of an existing 10 facility to house such clients, options for using any 11 alternative facilities for such purposes, options for 12 a public-private partnership for such a facility, 13 options for using part of a mental health institute 14 to house such clients, options to qualify a facility 15 for Medicaid reimbursement, cost projections for any 16 recommendations, regulatory challenges, and other 17 information deemed relevant by the department of 18 inspections and appeals and the department of human 19 services. The committee shall also discuss and make 20 recommendations on the authority of nursing facilities, 21 residential care facilities, and assisted living 22 programs to transfer or discharge a resident or tenant 23 who is required to register as a sex offender pursuant 24 to chapter 692A. > 25 14. By striking page 10, line 16, through page 11, 26 line 11, and inserting: 27 < Sec. ___. RESIDENTS AND TENANTS —— DISCHARGE. The 28 department of inspections and appeals shall adopt rules 29 that provide that a nursing facility, residential care 30 facility, or assisted living program has the authority 31 to discharge a resident or tenant who is required to 32 register as a sex offender pursuant to chapter 692A 33 based on the person’s status as a sex offender as 34 an endangerment to the safety of individuals in the 35 facility or program. 36 Sec. ___. EMERGENCY RULES. If specifically 37 authorized by a provision of this Act, the department 38 of inspections and appeals may adopt administrative 39 rules under section 17A.4, subsection 3, and section 40 17A.5, subsection 2, paragraph “b”, to implement 41 the provisions and the rules shall become effective 42 immediately upon filing or on a later effective date 43 specified in the rules, unless the effective date is 44 delayed by the administrative rules review committee. 45 Any rules adopted in accordance with this section 46 shall not take effect before the rules are reviewed 47 by the administrative rules review committee. The 48 delay authority provided to the administrative rules 49 review committee under section 17A.4, subsection 7, and 50 -2- HF2422.5949.S (1) 84 jh 2/ 3 #14.

section 17A.8, subsection 9, shall be applicable to a 1 delay imposed under this section, notwithstanding a 2 provision in those sections making them inapplicable 3 to section 17A.5, subsection 2, paragraph “b”. Any 4 rules adopted in accordance with the provisions of this 5 section shall also be published as a notice of intended 6 action as provided in section 17A.4. > 7 15. Title page, by striking lines 1 through 4 and 8 inserting < An Act relating to the care and housing of 9 elderly sex offenders and sexually violent predators 10 and including effective date provisions. > 11 16. By renumbering as necessary. 12 -3- HF2422.5949.S (1) 84 jh 3/ 3 #15.