Amend the Senate amendment, H-8486 to House File 2422, as amended, passed, and reprinted by the House, as follows:
   1.  By striking page 1, line 3, through page 3, line 12, and inserting: 
   <___.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 135C.3, subsection 1, Code 2011, is amended to read as follows:
   1.
  a.  A licensed nursing facility shall provide an organized twenty-four-hour program of services commensurate with the needs of its residents and under the immediate direction of a licensed nurse. Medical and nursing services must be provided under the direction of either a house physician or an individually selected physician. Surgery or obstetrical care shall not be provided within the facility. An admission to the nursing facility must be based on a physician’s written order certifying that the individual being admitted requires no greater degree of nursing care than the facility to which the admission is made is licensed to provide and is capable of providing.
   b.  A nursing facility is not required to admit an individual through court order, referral, or other means without the express prior approval of the administrator of the nursing facility. 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.
   Sec. 2.  Section 135C.4, Code 2011, is amended to read as follows:
   135C.4  Residential care facilities.
   1.  Each facility licensed as a residential care facility shall provide an organized continuous twenty-four-hour program of care commensurate with the needs of the residents of the home and under the immediate direction of a person approved and certified by the department whose combined training and supervised experience is such as to ensure adequate and competent care.
   2.  All admissions to residential care facilities shall be based on an order written by a physician certifying that the individual being admitted does not require nursing services or that the individual’s need for nursing services can be avoided if home and community-based services, other than nursing care, as defined by this chapter and departmental rule, are provided.
   3.  For the purposes of this section, the home and community-based services to be provided shall be limited to the type included under the medical assistance program provided pursuant to chapter 249A, shall be subject to cost limitations established by the department of human services under the medical assistance program, and except as otherwise provided by the department of inspections and appeals with the concurrence of the department of human services, shall be limited in capacity to the number of licensed residential care facilities and the number of licensed residential care facility beds in the state as of December 1, 2003.
   4.  A residential care facility is not required to admit an individual through court order, referral, or other means without the express prior approval of the administrator of the residential care facility. 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.
   Sec. 3.  NEW SECTION.  135C.23A  Sex offender notification.
   1.  Upon commitment of a person required to register as a sex offender as provided in section 692A.103 to a nursing facility, residential care facility, or assisted living program as defined in section 231C.2, the clerk of the committing court shall notify the department of inspections and appeals and the admitting facility or program.
   2.  Prior to admission of a resident or tenant to a nursing facility, residential care facility, or assisted living program, the facility or program shall access and search the sex offender registry established in chapter 692A to determine whether the resident or tenant is a person required to register as a sex offender, as provided in section 692A.103.
   3.  Upon the admission of a person required to register as a sex offender, a nursing facility, residential care facility, or assisted living program shall provide notice of the admission, in accordance with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, other state and federal regulations, and rules adopted by the department, to all of the following persons:
   a.  Residents or tenants of the facility or program. 
   b.  The emergency contact person or next of kin for residents or tenants of the facility or program.
   c.  Operators, owners, managers, or employees of the facility or program.

   d.  Visitors to the facility or program.
   e.  The sheriff for the county in which the facility or program is located. The sheriff shall notify local law enforcement agencies.
   4.  Upon the admission of a person required to register as a sex offender, a nursing facility, residential care facility, or assisted living program shall develop and implement a written safety plan for each such person in accordance with rules adopted by the department. 
   5.  The department shall establish by rule, all of the following:
   a.  The requirements of the notice required under this section. The rules shall include but are not limited to provisions for the method of notice and time of notice to each of the persons enumerated in subsection 3.
   b.  The requirements of a safety plan for persons required to register as a sex offender who are admitted by a nursing facility, residential care facility, or assisted living program. The rules shall include but are not limited to all of the following:
   (1)  A plan for the safety of residents, tenants, and staff of the facility or program.
   (2)  A plan for the safety of others when community functions are held at a facility or program and when a person required to register as a sex offender is not on the premises of a facility or program but the person remains within the care, custody, and control of the facility or program.
   (3)  A provision to establish the responsibilities of a nursing facility, residential care facility, and assisted living program and the operators, owners, managers, and employees of facilities and programs in implementing a safety plan.
   (4)  A provision for the timely development and implementation of a safety plan.
   6.  The department shall work with interested stakeholders in developing the proposed rules under this section.
   7.  A violation of this section is subject to the imposition of a civil penalty in accordance with rules adopted by the department pursuant to this section.
   Sec. 4.  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. 5.  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. 6.  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.
   Sec. 7.  Section 231C.3, subsection 9, Code 2011, is amended to read as follows:
   9.  An assisted living program shall comply with section
 
sections 135C.23A and 135C.33.
   Sec. 8.  Section 231C.5A, Code 2011, is amended to read as follows:
   231C.5A  Assessment of tenants —— program eligibility.
   1.  An assisted living program receiving reimbursement through the medical assistance program under chapter 249A shall assist the department of veterans affairs in identifying, upon admission of a tenant, the tenant’s eligibility for benefits through the United States department of veterans affairs. The assisted living program shall also assist the commission of veterans affairs in determining such eligibility for tenants residing in the program on July 1, 2009. The department of inspections and appeals, in cooperation with the department of human services, shall adopt rules to administer this section, including a provision that ensures that if a tenant is eligible for benefits through the United States department of veterans affairs or other third-party payor, the payor of last resort for reimbursement to the assisted living program is the medical assistance program. The rules shall also require the assisted living program to request information from a tenant or tenant’s personal representative regarding the tenant’s veteran status and to report to the department of veterans affairs only the names of tenants identified as potential veterans along with the names of their spouses and any dependents. Information reported by the assisted living program shall be verified by the department of veterans affairs.
   2.  An assisted living program is not required to enter into a lease or occupancy agreement with an individual through court order, referral, or other means without the express prior approval of the manager of the assisted living program. 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.
   Sec. 9.  Section 231C.14, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Noncompliance with section 135C.23A.
   Sec. 10.  Section 602.8102, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  152.  Notify the department of inspections and appeals and the admitting entity upon commitment of a person required to register as a sex offender as provided in section 692A.103 to a nursing facility or residential care facility as defined in section 135C.1, or assisted living program as defined in section 231C.2.
   Sec. 11.  PLACEMENT OF PERSONS REQUIRED TO REGISTER.
   1.  For purposes of this section, “adequate placement” means a placement that will provide the level of care necessary for a person including the level of care provided by a nursing facility or residential care facility.
   2.  For the period beginning July 1, 2012, through June 30, 2013, the department of human services, in compliance with federal and state law, shall secure adequate placements for persons required to register as a sex offender pursuant to chapter 692A who are being released from the custody of the department of corrections and require the type of medical and personal care provided by a nursing facility, residential care facility, or assisted living program; who are being discharged or transferred from nursing facilities, residential care facilities, or assisted living programs pursuant to a provision of this Act; or who require the type of medical and personal care provided by nursing facilities, residential care facilities, or assisted living programs when the persons are unable to gain access to a facility or program because the persons are required to register on the sex offender registry. 
   3.  The department of human services may use a state facility to provide care for such persons or may conduct a request for proposal process to contract with a private facility to care for such persons. A request for proposals shall identify the reimbursement rate and the necessary training for staff in the facility or program.
   4.  The department of human services shall secure an adequate placement for such a person within ten business days of being notified by the department of corrections, the department of inspections and appeals, or a nursing facility, residential care facility, or assisted living program that placement is needed for such person, provided that such period shall not commence until the department of public safety receives and approves registration data and makes such data available on the sex offender registry internet site pursuant to section 692A.121, subsection 12.
   Sec. 12.  WORKFORCE DEVELOPMENT WORKGROUP.
   1.  If a workgroup to address issues connected with workforce development related to mental health and disability services is established by or as a result of legislation enacted by the 2012 regular session of the Eighty-fourth General Assembly, the workgroup shall also address issues connected with ensuring that an adequate workforce is available in the state to provide services to persons who have a history of committing sexual offenses and have been determined to be likely to reoffend.
   2.
  a.  If a workgroup to address issues connected with workforce development for mental health and disability services is not established by or as a result of legislation enacted by the 2012 regular session of the Eighty-fourth General Assembly, the department of human services shall convene and provide support to a health and mental health services for sexual offender workforce development workgroup to address issues connected with ensuring that an adequate workforce is available in the state to provide health and mental health services to persons who have a history of committing sexual offenses and have been determined to be likely to reoffend. The workgroup shall report at least annually to the governor and general assembly providing findings, recommendations, and financing information concerning the findings and recommendations.
   b.  The membership of the workgroup shall include all of the following:
   (1)  The director of the department of aging or the director’s designee.
   (2)  The director of the department of corrections or the director’s designee.
   (3)  The director of the department of education or the director’s designee.
   (4)  The director of human services or the director’s designee.
   (5)  The director of the department of public health or the director’s designee.
   (6)  The director of the department of workforce development or the director’s designee.
   (7)  At least three individuals who have a history of committing sexual offenses and have been determined likely to reoffend who are receiving mental health or health services or involved relatives of such individuals.
   (8)  At least three providers of mental health or health services for individuals who have a history of committing sexual offenses and have been determined likely to reoffend.
   (9)  Other persons identified by the workgroup.
   c.  In addition to the members identified in paragraph “b”, the membership of the workgroup shall include four members of the general assembly serving in a ex officio, nonvoting capacity. One member shall be designated by each of the following: the majority leader of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives. A legislative member serves for a term as provided in section 69.16B.
   d.  Except as provided in paragraph “c” for legislative appointments, the workgroup shall determine its own rules of procedure, membership terms, and operating provisions.
   Sec. 13.  FACILITY FOR SEXUAL OFFENDERS COMMITTEE AND REPORT.
   1.  The department of inspections and appeals, in conjunction with the department of human services, shall establish and facilitate the activities of a committee of stakeholders to examine options for designating a facility to provide care for persons in this state who have a history of committing sexual offenses and have been determined to be likely to reoffend.
   2.  The membership of the committee shall include but is not limited to the following:
   a.  Representatives of the departments of inspections and appeals, human services, public health, corrections, and aging, the office of the state public defender, the office of the citizens’ aide, the office of the state long-term care ombudsman, and the judicial branch.
   b.  Consumers of services provided by health care facilities and family members of consumers.
   c.  Representatives of the health care industry and industry associations.
   d.  Direct care workers employed by health care facilities.
   e.  Representatives from the Iowa legal aid.

   f.  Representatives from AARP Iowa.
   g.  Representatives from the Iowa civil liberties union.
   h.  Other stakeholders as the department of inspections and appeals and the department of human services deem necessary.
   i.  Four ex officio, nonvoting members from the general assembly with not more than one member from each chamber being from the same political party. The two senators shall be appointed, one each, by the majority leader of the senate and the minority leader of the senate. The two representatives shall be appointed, one each, by the speaker of the house of representatives and the minority leader of the house of representatives.
   3.  The committee shall discuss and make recommendations on all of the following:
   a.  Options to create a new facility or assist an existing facility to expand services to provide care for elderly persons who are no longer under judicial control, but have a history of committing sexual offenses and have been determined to be likely to reoffend. 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 persons, options for the expansion of an existing facility to house such persons, 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 persons, 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.
   b.  The responsibility of the court, the clerk of the district court, the department of corrections, or any other entity, department, or person to inform a nursing facility, residential care facility, or an assisted living program of the admission of a person who has a history of committing sexual offenses.
   c.  The responsibility of the court, clerk of the district court, department of corrections, a facility, or any other entity, department, or person to notify persons of the discharge of a person who has a history of committing sexual offenses from a nursing facility, residential care facility, or assisted living program.
   d.  The requirements of a treatment safety plan for a person admitted to a nursing facility, residential care facility, or assisted living program who has a history of committing sexual offenses. The treatment safety plan shall address the procedure for notifying other residents of the residency of a person required to register as a sex offender.
   e.  The establishment of a formal process for the department of inspections and appeals to follow when completing facility or assisted living program inspections or surveys. 
   f.  The establishment of a system for the judicial branch to identify facilities with the capacity to provide an appropriate placement for a person requiring commitment when the person also has a history of committing sexual offenses.
   4.  The committee shall provide a report detailing its findings and recommendations to the governor and the general assembly by December 14, 2012.
   Sec. 14.  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.
   Sec. 15.  CURRENT RESIDENTS AND TENANTS —— ACCESS AND SEARCH OF SEX OFFENDER REGISTRY AND NOTIFICATION.  A nursing facility, residential care facility, or assisted living program, within three months of the adoption of the rules by the department of inspections and appeals regarding notification of the admission of persons required to register as a sex offender to a facility or program and development and implementation of safety plans relating to such admitted persons, shall access and search the sex offender registry established in chapter 692A for persons who were residents or tenants of a facility or program prior to the adoption of the rules and who remain residents or tenants of the facility or program after the adoption of the rules. Upon determining that a resident or tenant is a person required to register as a sex offender, the facility or program shall, within three months of the adoption of the rules, work with the department of inspections and appeals and the department of human services to transfer a sex offender living in the facility or program to a state facility, based on the sex offender status as an endangerment to the safety of individuals in the facility or program, or notify persons as required by section 135C.23A and the rules adopted pursuant to that section and develop and implement a safety plan as required by section 135C.23A and the rules adopted pursuant to that section. The rules shall provide that, for purposes of this section, a nursing facility, residential care facility, or assisted living program has the right to discharge a current resident or tenant based solely on the person’s status as a sex offender as an endangerment to the safety of individuals in the facility or program.
   Sec. 16.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.>
   ___.  Title page, line 3, after <program,> by inserting <the care and housing of sex offenders and sexually violent predators,>>