House File 206 - Introduced HOUSE FILE 206 BY H. MILLER , BERRY , ANDERSON , THEDE , STECKMAN , HANSON , MASCHER , GASKILL , ABDUL-SAMAD , T. TAYLOR , RUNNING-MARQUARDT , KRESSIG , KAJTAZOVIC , WOLFE , and BEARINGER A BILL FOR An Act relating to the establishment of one or more facilities 1 for the housing of certain sex offenders in need of medical 2 and personal care. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1995YH (4) 85 ad/rj

H.F. 206 Section 1. NEW SECTION . 218.101 Medical and personal care 1 facility for sex offenders. 2 1. a. By July 1, 2014, the department of human services, 3 subject to funding, shall establish one or more facilities for 4 the treatment of sex offenders classified as a tier II or tier 5 III offender who require the type of medical and personal care 6 provided by a nursing facility, residential care facility, or 7 assisted living program, and are unable to obtain admission 8 to a private facility due to the persons’ status as a sex 9 offender. 10 b. The department may use or establish a state facility 11 or facilities for the purpose described in this section, or 12 may conduct a request for proposals process to contract with 13 private facilities or programs to provide some or all of the 14 necessary services described in subsection 2 for eligible 15 persons identified in subsection 3. A request for proposals 16 shall identify the reimbursement rates and the necessary 17 training for the staff and the staffing requirements for the 18 facility or program. 19 2. The purpose of a medical and personal care facility for 20 sex offenders is to provide one or more of the following: 21 a. To provide the type of care provided in a nursing 22 facility as described in section 135C.1, subsection 13. 23 b. To provide the type of care provided in a residential 24 care facility as described in section 135C.1, subsection 17. 25 c. To provide the type of care provided in assisted living 26 programs as described in section 231C.2, subsection 2. 27 3. A person is eligible for admission to a medical and 28 personal care facility for sex offenders if the person meets 29 all of the following requirements: 30 a. The person is classified as a tier II or tier III sex 31 offender pursuant to section 692A.102. 32 b. The person requires the type of medical and personal care 33 provided by a nursing facility, residential care facility, or 34 assisted living program. 35 -1- LSB 1995YH (4) 85 ad/rj 1/ 5

H.F. 206 c. The person is unable to obtain admission to a private 1 nursing facility, residential care facility, or assisted living 2 program due to the person’s status as a sex offender. 3 4. a. A person requesting admission to a facility shall 4 submit an application for admission to the department. 5 b. A representative of the department of inspections and 6 appeals, the department of corrections, or the department 7 of public safety, an administrator of a residential care 8 facility or nursing facility or the administrator’s designee, 9 or a manager of an assisted living program or the manager’s 10 designee, may also submit an application requesting admission 11 to a facility on behalf of a person with the permission of the 12 person or the person’s guardian. 13 c. The application shall include a statement concerning 14 the actions the person requesting admission to a facility has 15 taken, or the steps taken on the person’s behalf, to obtain 16 admission to a private nursing facility, residential care 17 facility, or assisted living program. 18 5. Upon application by or on behalf of a person meeting 19 the eligibility requirements, the department shall admit the 20 resident or tenant to a medical and personal care facility for 21 sex offenders unless an alternative, adequate placement for the 22 person is arranged. 23 6. Upon admission to a state-operated medical and personal 24 care facility, the department shall assess a resident or tenant 25 to identify payment options. The payor of last resort for the 26 facility is the medical assistance program established pursuant 27 to chapter 249A. 28 7. A resident or tenant may be discharged from a 29 state-operated facility if the person is no longer required 30 to register as a tier II or tier III sex offender, if the 31 department determines the person no longer requires the type 32 of medical and personal care provided by a nursing facility, 33 residential care facility, or assisted living program, or if an 34 alternative, adequate placement is arranged. 35 -2- LSB 1995YH (4) 85 ad/rj 2/ 5

H.F. 206 8. For purposes of this section, “adequate placement” means 1 a placement that will provide the level of care necessary for 2 an eligible person including the level of care provided by a 3 nursing facility, residential care facility, or assisted living 4 program. 5 9. A state-operated facility offering the type of medical 6 and personal care provided by a nursing facility shall meet the 7 requirements for Medicare certification. A facility operated 8 by the state shall not be required to be licensed or certified 9 under chapter 135C or 231C. 10 10. The department shall establish by rule all of the 11 following requirements for a medical and personal care facility 12 for sex offenders: 13 a. The training requirements for staff at a facility. 14 b. The staffing plans for a facility. 15 c. The requirements of a safety plan for residents or 16 tenants of a facility. The rules shall include but are not 17 limited to all of the following: 18 (1) A plan for the safety of residents, tenants, and staff 19 of a facility. 20 (2) A plan for the safety of visitors to a facility. 21 (3) The responsibilities of employees of a facility in 22 implementing a safety plan. 23 d. The discharge policy and requirements of a state-operated 24 facility. 25 e. The security policy and the level of security that is 26 adequate for a facility. 27 11. The department shall adopt rules to administer this 28 section. 29 EXPLANATION 30 This bill relates to the establishment of a facility to 31 provide for the housing and care of certain sex offenders in 32 need of medical and personal care. The bill requires the 33 department of human services (DHS) to establish one or more 34 facilities, by July 1, 2014, to house and care for tier II or 35 -3- LSB 1995YH (4) 85 ad/rj 3/ 5

H.F. 206 tier III sex offenders that need personal and medical care and 1 are unable to obtain admission to a private facility because 2 of the person’s status as a sex offender. The bill states that 3 DHS may use or establish a state facility to provide care for 4 these persons or may conduct a request for proposals process to 5 contract with a private provider to provide services for these 6 persons. 7 The purpose of the establishment of the medical and personal 8 care facility for sex offenders is to provide the type of care 9 provided by a residential care facility, nursing facility, or 10 assisted living program. 11 The bill provides that a person is eligible for admission to 12 a medical and personal care facility for sex offenders if the 13 person is classified as a tier II or tier III sex offender, the 14 person requires the type of medical and personal care provided 15 by a nursing facility, residential care facility, or assisted 16 living program, and the person is unable to obtain admission 17 to a private nursing facility, residential care facility, or 18 assisted living program due to the person’s status as a sex 19 offender. If a person admitted to a state-operated medical and 20 personal care facility for sex offenders no longer meets one of 21 these eligibility requirements, the patient may be discharged. 22 A person may also be discharged from a state-operated facility 23 if an alternative, adequate placement is arranged. 24 A person must submit an application for admission to a 25 medical and personal care facility for sex offenders to DHS. 26 An application may also be submitted on the person’s behalf 27 with the person’s permission. Upon the application of an 28 eligible person, the medical and personal care facility must 29 admit that resident or tenant unless an alternative, adequate 30 placement for the person is arranged. 31 The bill requires DHS to assess a resident or tenant’s 32 payment options if accepted into a state-operated facility. 33 Medicaid is declared to be the payor of last resort. 34 The bill also mandates that a state-operated medical 35 -4- LSB 1995YH (4) 85 ad/rj 4/ 5

H.F. 206 and personal care facility for sex offenders providing 1 nursing facility care must meet requirements for Medicare 2 certification, but a state-operated medical and personal care 3 facility is not required to be licensed or certified under Code 4 chapter 135C or 231C. 5 The bill provides certain requirements that DHS must 6 establish by rule concerning the operations of a medical and 7 personal care facility for sex offenders. These requirements 8 include staff training requirements, staffing plans, safety 9 plan requirements, the discharge policy and requirements of a 10 state-operated facility, and the security policy of a facility. 11 -5- LSB 1995YH (4) 85 ad/rj 5/ 5