House File 137 - Introduced HOUSE FILE 137 BY MASCHER , T. TAYLOR , STAED , HANSON , FORBES , KEARNS , BEARINGER , STECKMAN , BERRY , and RIDING A BILL FOR An Act relating to elderly persons with aggressive or 1 psychiatric behaviors in long-term care facilities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1589HH (2) 85 ad/nh
H.F. 137 Section 1. FACILITY FOR ELDERLY PERSONS WITH AGGRESSIVE OR 1 PSYCHIATRIC BEHAVIORS —— COMMITTEE —— REPORT. 2 1. The department of inspections and appeals, in 3 conjunction with the department of human services, shall 4 establish and facilitate a committee of stakeholders to examine 5 options for designating a facility to provide care for elderly 6 persons in this state who are sexually aggressive, combative, 7 or have unmet geropsychiatric needs. 8 2. The membership of the committee shall include but is not 9 limited to the following: 10 a. Representatives of the departments of inspections and 11 appeals, human services, public health, and aging, the state 12 public defender, the office of the citizens’ aide, the office 13 of the state long-term care resident’s advocate, and the 14 judicial branch. 15 b. Consumers of services provided by long-term care 16 facilities and family members of consumers. 17 c. Long-term care facility administrators or owners. 18 d. Direct care workers employed by long-term care 19 facilities. 20 e. Representatives from Iowa legal aid. 21 f. Representatives from AARP Iowa. 22 g. Representatives from the Iowa civil liberties union. 23 h. Other stakeholders as the department of inspections and 24 appeals and the department of human services deem appropriate. 25 3. The committee shall discuss whether a long-term care 26 facility, as defined in section 142D.2, should have the 27 ability to refuse admission to, or discharge, residents who are 28 sexually aggressive, combative, or have unmet geropsychiatric 29 needs. The committee shall consider options for establishment 30 of a facility to provide care for persons who are sexually 31 aggressive, combative, or have unmet geropsychiatric needs. 32 The committee shall identify the characteristics of residents 33 for such a facility, options for creating a new facility to 34 house such residents, options for the expansion of an existing 35 -1- LSB 1589HH (2) 85 ad/nh 1/ 2
H.F. 137 facility to house such residents, options for using any 1 alternative facilities for such residents, the workforce and 2 training necessary for the workforce in such facility, the use 3 of protective restraints at such facility, options to qualify a 4 facility for Medicaid reimbursement, cost projections for any 5 recommendations, and other information deemed relevant by the 6 department of inspections and appeals. 7 4. The committee shall provide a report detailing its 8 findings and recommendations to the governor and the general 9 assembly by December 15, 2013. 10 EXPLANATION 11 This bill relates to housing of elderly persons who 12 are sexually aggressive or combative or who have unmet 13 geropsychiatric needs. The bill directs the department of 14 inspections and appeals, in conjunction with the department 15 of human services, to establish and facilitate a committee 16 to address the placement or housing of such persons. The 17 committee must identify the residents to be served; the 18 need for a facility; options for creating a new facility, 19 expanding an existing facility, or using any alternative 20 facility for the purpose of housing the identified persons; the 21 workforce and training needs for such a facility; the use of 22 protective restraints at such facility; options to qualify a 23 facility for Medicaid reimbursement; cost projections for the 24 recommendations; and other information deemed relevant by the 25 department of inspections and appeals. 26 The committee must provide a report of findings and 27 recommendations to the governor and general assembly by 28 December 15, 2013. 29 -2- LSB 1589HH (2) 85 ad/nh 2/ 2