House File 2422 S-5217 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- HF2422.5889 (2) 84 ad/rj 1/ 2 #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 right of nursing facilities, 21 residential care facilities, and assisted living 22 programs to transfer or discharge a resident or tenant 23 who has previously been declared to be a sexually 24 violent predator. > 25 14. By striking page 10, line 16, through page 11, 26 line 11. 27 15. Title page, by striking lines 1 through 4 and 28 inserting < An Act relating to the care and housing of 29 elderly sex offenders and sexually violent predators 30 and including effective date provisions. > 31 16. By renumbering as necessary. 32 ______________________________ TOM HANCOCK -2- HF2422.5889 (2) 84 ad/rj 2/ 2 #14. #15. #16.