Amend House File 2422, as amended, passed, and reprinted by the House, as follows:
   1.  Page 1, line 17, by striking <or owner>
   2.  Page 1, line 18, after <facility.> by inserting <For purposes of this paragraph, the approval of the administrator of the nursing facility cannot be withheld on the basis of considerations that are otherwise prohibited by state or federal law.>
   3.  Page 2, lines 13 and 14, by striking <or owner>
   4.  Page 2, line 14, after <facility.> by inserting <For purposes of this subsection, the approval of the administrator of the residential care facility cannot be withheld on the basis of considerations that are otherwise prohibited by state or federal law.>
   5.  By striking page 2, line 15, through page 4, line 12, and inserting: 
   <Sec. ___.  Section 229A.8A, subsection 5, Code 2011, is amended to read as follows:
   5.  Committed
 
Except as provided in subsection 6A, committed persons in the transitional release program are not necessarily required to be segregated from other persons.
   Sec. ___.  Section 229A.8A, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  6A.  Persons in the transitional release program shall not be released to a health care facility as defined in section 135C.1.
   Sec. ___.  Section 229A.9A, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  If a release with or without supervision is ordered, the committed person shall not be released to a health care facility as defined in section 135C.1.
   6.  Page 5, line 6, by striking <or owner>
   7.  Page 5, line 7, after <program.> by inserting <For purposes of this subsection, the approval of the manager of the assisted living program cannot be withheld on the basis of considerations that are otherwise prohibited by state or federal law.>
   8.  Page 5, by striking lines 8 through 10.
   9.  By striking page 5, line 19, through page 6, line 19.
   10.  Page 8, line 9, after <appeals> by inserting <, in conjunction with the department of human services,>
   11.  Page 8, line 31, by striking <deems> and inserting <and the department of human services deem>
   12.  By striking page 8, line 32, through page 9, line 4.
   13.  By striking page 9, line 5, through page 10, line 12, and inserting: 
   <3.  The committee shall discuss and make recommendations on options to create a new facility or assist an existing facility to expand services to provide care for elderly persons who have previously been declared to be a sexually violent predator pursuant to chapter 229A. The committee shall identify the characteristics of a client for such a facility, the need for such a facility, options for creating a new facility to house such clients, options for the expansion of an existing facility to house such clients, options for using any alternative facilities for such purposes, options for a public-private partnership for such a facility, options for using part of a mental health institute to house such clients, options to qualify a facility for Medicaid reimbursement, cost projections for any recommendations, regulatory challenges, and other information deemed relevant by the department of inspections and appeals and the department of human services. The committee shall also discuss and make recommendations on the authority of nursing facilities, residential care facilities, and assisted living programs to transfer or discharge a resident or tenant who is required to register as a sex offender pursuant to chapter 692A.>
   14.  By striking page 10, line 16, through page 11, line 11, and inserting: 
   <Sec. ___.  RESIDENTS AND TENANTS —— DISCHARGE.  The department of inspections and appeals shall adopt rules that provide that a nursing facility, residential care facility, or assisted living program has the authority to discharge a resident or tenant who is required to register as a sex offender pursuant to chapter 692A based on the person’s status as a sex offender as an endangerment to the safety of individuals in the facility or program.
   Sec. ___.  EMERGENCY RULES.  If specifically authorized by a provision of this Act, the department of inspections and appeals may adopt administrative rules under section 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph “b”, to implement the provisions and the rules shall become effective immediately upon filing or on a later effective date specified in the rules, unless the effective date is delayed by the administrative rules review committee. Any rules adopted in accordance with this section shall not take effect before the rules are reviewed by the administrative rules review committee. The delay authority provided to the administrative rules review committee under section 17A.4, subsection 7, and section 17A.8, subsection 9, shall be applicable to a delay imposed under this section, notwithstanding a provision in those sections making them inapplicable to section 17A.5, subsection 2, paragraph “b”. Any rules adopted in accordance with the provisions of this section shall also be published as a notice of intended action as provided in section 17A.4.>
   15.  Title page, by striking lines 1 through 4 and inserting <An Act relating to the care and housing of elderly sex offenders and sexually violent predators and including effective date provisions.>
   16.  By renumbering as necessary.

______________________________
TOM HANCOCK