House
File
2232
-
Enrolled
House
File
2232
AN
ACT
RELATING
TO
LIFE
INSURANCE,
PERMISSIBLE
THIRD
PARTIES,
AND
FINANCIAL
EXPLOITATION
OF
ELIGIBLE
ADULTS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
502.806,
subsection
3,
paragraph
b,
Code
2026,
is
amended
to
read
as
follows:
b.
Fifteen
business
days
after
the
date
on
which
the
broker-dealer
or
investment
adviser
first
delayed
disbursement
of
the
funds
or
transaction,
unless
the
administrator
requests
the
broker-dealer
or
investment
adviser
to
extend
the
delay,
in
which
case
the
delay
shall
expire
no
more
than
twenty-five
business
days
after
the
date
on
which
the
broker-dealer
or
investment
adviser
first
delayed
the
disbursement
of
the
funds
or
the
transaction
extended
pursuant
to
paragraph
“c”
.
Sec.
2.
Section
502.806,
subsection
3,
Code
2026,
is
amended
by
adding
the
following
new
paragraphs:
NEW
PARAGRAPH
.
c.
If
the
internal
review
under
subsection
2,
paragraph
“d”
,
continues
to
support
the
broker-dealer,
investment
adviser,
or
qualified
individual’s
reasonable
belief
that
the
disbursement
or
transaction
will
likely
result
in
or
contribute
to
the
financial
exploitation
of
an
eligible
adult,
the
broker-dealer
or
investment
adviser
may
extend
the
delay
beyond
the
initial
delay
under
paragraph
“b”
for
no
more
than
twenty-five
business
days
after
the
date
on
which
the
broker-dealer
or
investment
adviser
first
delayed
disbursement
House
File
2232,
p.
2
of
the
funds
or
transaction,
unless
extended
pursuant
to
paragraph
“d”
.
NEW
PARAGRAPH
.
d.
If
the
internal
review
under
subsection
2,
paragraph
“d”
,
continues
to
support
the
broker-dealer,
investment
adviser,
or
qualified
individual’s
reasonable
belief
that
the
disbursement
or
transaction
will
likely
result
in
or
contribute
to
the
financial
exploitation
of
an
eligible
adult,
the
broker-dealer
or
investment
adviser
may
extend
the
delay
beyond
the
delay
under
paragraph
“c”
for
no
more
than
fifty-five
business
days
after
the
date
on
which
the
broker-dealer
or
investment
adviser
first
delayed
disbursement
of
the
funds
or
transaction.
Sec.
3.
Section
507E.8,
subsection
1,
paragraphs
a
and
b,
Code
2026,
are
amended
to
read
as
follows:
a.
For
purposes
of
an
arrest
resulting
from
a
criminal
violation
of
any
provision
of
the
Code
subject
to
the
jurisdiction
of
the
commissioner
established
as
a
result
of
an
investigation
pursuant
to
this
chapter
or
chapter
502
,
502A
,
507A
,
508,
523A
,
523C
,
523D
,
or
523I
.
b.
While
conducting
an
investigation
or
engaged
in
an
assignment
authorized
by
this
chapter
or
chapter
502
,
502A
,
507A
,
508,
523A
,
523C
,
523D
,
or
523I
.
Sec.
4.
NEW
SECTION
.
508.101
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Disbursement”
means
an
attempt
to
withdraw
money
or
access
a
benefit
from
a
life
insurance
policy,
an
annuity,
or
any
other
policy,
contract,
or
account,
irrespective
of
whether
the
request
is
classified
as
a
surrender,
loan,
withdrawal,
partial
withdrawal,
accelerated
benefit,
or
otherwise.
2.
“Eligible
adult”
means
the
same
as
defined
in
section
502.801.
3.
“Financial
exploitation”
means
the
same
as
defined
in
section
502.801.
4.
“Permissible
third
party”
means
any
of
the
following:
a.
An
individual
the
eligible
adult
previously
designated
who
may
be
contacted
about
the
eligible
adult’s
policy,
contract,
or
account.
b.
A
person
otherwise
permitted
pursuant
to
any
state
or
House
File
2232,
p.
3
federal
law
or
rule
to
receive
the
notification
described
in
section
508.103.
5.
“Qualified
individual”
means
any
of
the
following:
a.
An
insurance
producer
who
has
completed
at
least
two
hours
of
continuing
education
focused
on
how
to
identify
suspected
or
attempted
exploitation
of
an
eligible
adult,
including
common
signs
indicating
the
financial
exploitation
of
an
eligible
adult,
and
how
to
provide
notification
regarding
the
suspected
or
attempted
exploitation
of
an
eligible
adult.
b.
An
individual
who
has
completed
training
pursuant
to
section
508.105.
Sec.
5.
NEW
SECTION
.
508.102
Notification
to
commissioner.
1.
If
an
insurer
or
qualified
individual
reasonably
believes
financial
exploitation
of
an
eligible
adult
has
occurred,
was
attempted,
or
is
being
attempted,
the
insurer
or
qualified
individual
may
notify
the
commissioner
when
the
insurer
or
qualified
individual
makes
a
determination
that
financial
exploitation
may
have
occurred,
been
attempted,
or
is
being
attempted.
2.
An
insurer
or
qualified
individual
who,
acting
reasonably
and
in
good
faith,
makes
a
disclosure
of
information
to
the
commissioner
pursuant
to
this
chapter
or
under
chapter
507E
shall
be
immune
from
administrative
or
civil
liability
that
might
otherwise
arise
from
such
disclosure
or
from
a
failure
to
notify
the
eligible
adult
of
the
disclosure.
This
section
shall
not
abrogate
or
modify
any
existing
statutory
or
common
law
privileges
or
immunities.
Sec.
6.
NEW
SECTION
.
508.103
Notification
to
permissible
third
party.
1.
If
an
insurer
or
qualified
individual
reasonably
believes
financial
exploitation
of
an
eligible
adult
has
occurred,
was
attempted,
or
is
being
attempted,
the
insurer
or
qualified
individual
may
notify
a
permissible
third
party.
Notification
to
a
permissible
third
party
is
not
required
prior
to
the
insurer’s,
qualified
individual’s,
commissioner’s,
or
other
relevant
agency’s
review
or
investigation
into
financial
exploitation.
2.
An
insurer
or
qualified
individual
shall
not
notify
a
permissible
third
party
if
the
insurer
or
qualified
individual
House
File
2232,
p.
4
reasonably
suspects
such
permissible
third
party
of
financial
exploitation
or
other
abuse
of
the
eligible
adult.
3.
An
eligible
adult
may
voluntarily
provide
to
an
insurer
contact
information
for
the
eligible
adult’s
permissible
third
parties.
An
insurer
or
qualified
individual
shall
not
be
held
administratively
or
civilly
liable
for
failing
to
request
the
contact
information
for
the
eligible
adult’s
permissible
third
parties.
An
insurer
or
qualified
individual
who,
acting
reasonably
and
in
good
faith,
complies
with
this
section
shall
be
immune
from
administrative
or
civil
liability
that
may
arise
from
disclosing
the
eligible
adult’s
information
to
a
permissible
third
party.
Sec.
7.
NEW
SECTION
.
508.104
Disbursements
or
transactions
——
delay.
1.
If
an
insurer
or
qualified
individual
reasonably
believes
a
disbursement
or
transaction
is
likely
to
result
in,
or
contribute
to,
the
financial
exploitation
of
an
eligible
adult,
the
insurer
or
qualified
individual
may
initiate
an
internal
review
of
the
requested
disbursement
or
transaction.
2.
An
insurer
may
delay
a
disbursement
or
transaction
from
an
eligible
adult’s
policy,
contract,
or
account,
or
a
policy,
contract,
or
account
on
which
an
eligible
adult
is
a
beneficiary,
if
all
of
the
following
apply:
a.
The
insurer
or
qualified
individual
reasonably
believes,
after
initiating
an
internal
review
under
subsection
1,
that
the
requested
disbursement
or
transaction
will
likely
result
in
or
contribute
to
the
financial
exploitation
of
the
eligible
adult.
b.
Immediately,
but
in
no
event
more
than
seven
business
days
after
the
disbursement
or
transaction
is
delayed,
the
insurer
provides
written
notification
of
the
delay
and
the
reason
for
the
delay
to
all
persons
authorized
to
transact
business
on
the
policy,
contract,
or
account.
An
insurer
or
qualified
individual
shall
not
notify
a
person
authorized
to
transact
business
on
the
policy,
contract,
or
account
if
the
insurer
or
qualified
individual
reasonably
believes
the
person
has
committed
financial
exploitation,
attempted
financial
exploitation,
committed
or
attempted
insurance
fraud,
or
committed
or
attempted
other
abuse
of
the
eligible
adult.
c.
Within
seven
business
days
after
the
disbursement
or
House
File
2232,
p.
5
transaction
is
delayed,
the
insurer
notifies
the
commissioner
of
the
delay
and
provides
to
the
commissioner
the
reason
for
the
delay,
including
the
status
of
the
internal
review
initiated
under
subsection
1.
d.
The
insurer
continues
the
internal
review
of
the
suspected
or
attempted
financial
exploitation
of
the
eligible
adult,
as
necessary,
and
provides
the
commissioner
with
updates
upon
request.
3.
Any
delay
of
a
disbursement
or
transaction
authorized
by
this
section
will
expire
upon
the
first
to
occur
of
any
of
the
following:
a.
A
final
determination
by
the
insurer
that
the
disbursement
or
transaction
will
not
result
in
or
contribute
to
financial
exploitation
of
the
eligible
adult.
b.
Fifteen
business
days
after
the
date
on
which
the
insurer
first
delayed
disbursement
of
the
funds
or
the
transaction,
unless
extended
pursuant
to
paragraph
“c”
.
c.
Provided
the
internal
review
under
subsection
2,
paragraph
“d”
,
continues
to
support
the
insurer
or
qualified
individual’s
reasonable
belief
that
the
disbursement
or
transaction
will
likely
result
in
or
contribute
to
the
financial
exploitation
of
an
eligible
adult,
the
insurer
may
extend
the
delay
beyond
the
initial
delay
under
paragraph
“b”
for
no
more
than
twenty-five
business
days
after
the
date
on
which
the
insurer
first
delayed
disbursement
of
the
funds
or
the
transaction,
unless
extended
pursuant
to
paragraph
“d”
.
d.
Provided
the
internal
review
under
subsection
2,
paragraph
“d”
,
continues
to
support
the
insurer
or
qualified
individual’s
reasonable
belief
that
the
disbursement
or
transaction
will
likely
result
in
or
contribute
to
the
financial
exploitation
of
an
eligible
adult,
the
insurer
may
extend
the
delay
beyond
the
delay
under
paragraph
“c”
for
no
more
than
fifty-five
business
days
after
the
date
on
which
the
insurer
first
delayed
disbursement
of
the
funds
or
transaction.
4.
Notwithstanding
subsection
3,
upon
petition
of
the
commissioner,
the
insurer
who
initiated
a
delay
pursuant
to
this
section,
or
another
interested
party,
a
court
of
competent
jurisdiction
may
enter
an
order
terminating,
extending,
or
modifying
the
delay
of
the
disbursement
or
transaction
and
may
House
File
2232,
p.
6
order
any
other
protective
relief
deemed
necessary.
5.
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
regarding
the
form
and
manner
of
notifications
under
this
section.
6.
An
insurer
or
qualified
individual
who,
acting
reasonably
and
in
good
faith,
complies
with
the
requirements
of
this
section
or
chapter
507E
shall
be
immune
from
administrative
or
civil
liability
that
may
arise
from
a
delay
in
a
disbursement
or
transaction
initiated
pursuant
to
this
section.
Sec.
8.
NEW
SECTION
.
508.105
Training
requirements.
1.
An
insurer
shall
provide
training
to
supervisors
and
employees
employed
by
the
insurer
who
handle
or
advise
on
complaints,
possible
fraud,
and
investigations
no
later
than
June
30,
2027.
The
training
shall
include
instruction
on
all
of
the
following:
a.
Identifying
suspected
or
attempted
exploitation
of
an
eligible
adult,
including
common
signs
indicating
financial
exploitation
of
an
eligible
adult
and
how
to
provide
notification
regarding
the
suspected
or
attempted
exploitation
of
an
eligible
adult.
b.
Privacy
and
confidentiality
requirements.
2.
An
insurer
shall
provide
the
training
required
under
subsection
1
as
soon
as
reasonably
practicable
after
the
date
a
supervisor
or
employee
begins
employment
with
or
becomes
affiliated
or
associated
with
the
insurer,
but
no
later
than
one
year
after
that
date.
3.
An
insurer
shall
not
be
required
to
provide
training
under
this
section
to
a
qualified
individual
employed
by
the
insurer.
4.
The
commissioner
may
adopt
rules
pursuant
to
chapter
17A
specifying
the
content
and
method
of
training
required
under
this
section.
Sec.
9.
NEW
SECTION
.
508.106
Records.
An
insurer
shall
provide
access
to
or
copies
of
records
that
are
relevant
to
the
suspected
or
attempted
financial
exploitation
of
an
eligible
adult
to
the
commissioner
and
to
law
enforcement,
either
as
part
of
a
referral
to
the
commissioner
or
law
enforcement,
or
upon
the
request
of
the
commissioner
or
law
enforcement
pursuant
to
an
investigation.
The
records
may
House
File
2232,
p.
7
include
historical
records
as
well
as
records
relating
to
the
most
recent
transactions
and
disbursement
requests
from
the
policies,
contracts,
or
accounts
that
may
indicate
financial
exploitation
of
an
eligible
adult.
All
records
made
available
to
the
commissioner
or
law
enforcement
pursuant
to
this
section
shall
be
considered
confidential
public
records
under
chapter
22
and
shall
not
be
available
for
examination
by
the
public
pursuant
to
section
22.2.
This
section
shall
not
be
construed
to
limit
or
otherwise
impede
the
authority
of
the
commissioner
to
access
or
examine
the
books
and
records
of
insurers
as
otherwise
provided
by
law.
Sec.
10.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
is
directed
to
designate
sections
508.1
through
508.39,
as
amended
by
this
Act,
as
subchapter
I
of
chapter
508
entitled
“General
Provisions”,
and
to
designate
sections
508.101
through
508.106,
as
enacted
by
this
Act,
as
subchapter
II
of
chapter
508
entitled
“Financial
Exploitation
of
Eligible
Adults”.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2232,
Ninety-first
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2026
______________________________
KIM
REYNOLDS
Governor