Senate Study Bill 1151
SENATE FILE
BY (PROPOSED COMMITTEE ON
VETERANS AFFAIRS BILL
BY CHAIRPERSON BEALL)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the criteria for involuntarily discharging a
2 resident from the veterans home.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2000SC 83
5 pf/nh/8
PAG LIN
1 1 Section 1. Section 35D.15, Code 2009, is amended to read
1 2 as follows:
1 3 35D.15 RULES ENFORCED == POWER TO SUSPEND, AND EXPEL, AND
1 4 INVOLUNTARILY DISCHARGE MEMBERS.
1 5 1. The commandant shall administer and enforce all rules
1 6 adopted by the commission, including rules of discipline and,
1 7 subject to these rules, may immediately suspend the membership
1 8 of and expel any person from the home for infraction of the
1 9 rules when the commandant determines that the health, safety,
1 10 or welfare of the residents of the home is in immediate danger
1 11 and other reasonable alternatives have been exhausted. The
1 12 suspension and expulsion are temporary pending action by the
1 13 commission. Judicial review of the action of the commission
1 14 may be sought in accordance with chapter 17A.
1 15 2. a. The commandant may involuntarily discharge a member
1 16 for any of the following reasons:
1 17 (1) The member has been diagnosed with a substance use
1 18 disorder but continues to abuse alcohol or an illegal drug.
1 19 (2) The member refuses to comply with the member's
1 20 prescribed plan of care or treatment.
1 21 (3) The member's medical or life skills needs have been
1 22 met to the extent possible through the services provided by
1 23 the Iowa veterans home and the member no longer requires a
1 24 residential level of care.
1 25 b. The commission shall adopt rules to enforce this
1 26 subsection.
1 27 c. Any involuntary discharge by the commandant under this
1 28 subsection shall comply with the rules adopted by the
1 29 commission under this subsection and by the department of
1 30 inspections and appeals pursuant to section 135C.14,
1 31 subsection 8, paragraph "f".
1 32 Sec. 2. Section 135C.14, subsection 8, Code 2009, is
1 33 amended by adding the following new paragraph:
1 34 NEW PARAGRAPH. f. The involuntary discharge of a resident
1 35 of the Iowa veterans home including provisions for notice and
2 1 agency hearings, the development of a resident discharge plan,
2 2 and for providing counseling services to a resident being
2 3 discharged. The rules shall provide that a resident may be
2 4 involuntarily discharged for any of the following reasons:
2 5 (1) The resident has been diagnosed with a substance use
2 6 disorder but continues to abuse alcohol or an illegal drug.
2 7 (2) The resident refuses to comply with the resident's
2 8 prescribed plan of care or treatment.
2 9 (3) The resident's medical or life skills needs have been
2 10 met to the extent possible through the services provided by
2 11 the Iowa veterans home and the resident no longer requires a
2 12 residential level of care.
2 13 EXPLANATION
2 14 This bill provides for the involuntary discharge of a
2 15 resident of the Iowa veterans home by the commandant under
2 16 limited circumstances. The bill specifies the bases for
2 17 involuntary discharge, requires the commission of veterans
2 18 affairs to adopt rules to enforce the bill, and provides that
2 19 any involuntary discharge under the bill must comply with the
2 20 rules adopted by the commission and the rules adopted by the
2 21 department of inspections and appeals under the health care
2 22 facilities chapter (Code chapter 135C). Current
2 23 administrative rules adopted pursuant to Code chapter 135C for
2 24 residential health care facilities and nursing facilities
2 25 relating to involuntary discharge (481 IAC 57.36(1) and 481
2 26 IAC 58.40(1)) provide for involuntary discharge of residents,
2 27 but the current bases are limited and do not include the bases
2 28 provided under the bill which are specific to the Iowa
2 29 veterans home.
2 30 LSB 2000SC 83
2 31 pf/nh/8