House File 2122 - Introduced HOUSE FILE 2122 BY MASCHER , RUFF , HUNTER , MURPHY , STAED , JACOBY , KEARNS , DAWSON , STUTSMAN , LENSING , DUNKEL , ABDUL-SAMAD , COHOON , T. TAYLOR , HALL , MEYER , HEDDENS , BEARINGER , OURTH , WOLFE , ANDERSON , THEDE , H. MILLER , GAINES , STECKMAN , WINCKLER , BERRY , GASKILL , KAJTAZOVIC , HANSON , and OLDSON 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 5522HH (3) 85 ad/nh

H.F. 2122 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 ombudsman, the office of the 13 state long-term care ombudsman, and the judicial branch. 14 b. Consumers of services provided by long-term care 15 facilities and family members of consumers. 16 c. Long-term care facility administrators or owners. 17 d. Direct care workers employed by long-term care 18 facilities. 19 e. Representatives from Iowa legal aid. 20 f. Representatives from AARP Iowa. 21 g. Representatives from the Iowa civil liberties union. 22 h. Other stakeholders as the department of inspections and 23 appeals and the department of human services deem appropriate. 24 3. The committee shall discuss whether a long-term care 25 facility, as defined in section 142D.2, should have the 26 ability to refuse admission to, or discharge, residents who are 27 sexually aggressive, combative, or have unmet geropsychiatric 28 needs. The committee shall consider options for establishment 29 of a facility to provide care for persons who are sexually 30 aggressive, combative, or have unmet geropsychiatric needs. 31 The committee shall identify the characteristics of residents 32 for such a facility, options for creating a new facility to 33 house such residents, options for the expansion of an existing 34 facility to house such residents, options for using any 35 -1- LSB 5522HH (3) 85 ad/nh 1/ 2

H.F. 2122 alternative facilities for such residents, the workforce and 1 training necessary for the workforce in such facility, the use 2 of protective restraints at such facility, options to qualify a 3 facility for Medicaid reimbursement, cost projections for any 4 recommendations, and other information deemed relevant by the 5 department of inspections and appeals. 6 4. The committee shall provide a report detailing its 7 findings and recommendations to the governor and the general 8 assembly by December 15, 2014. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to housing of elderly persons who 13 are sexually aggressive or combative or who have unmet 14 geropsychiatric needs. The bill directs the department of 15 inspections and appeals, in conjunction with the department 16 of human services, to establish and facilitate a committee 17 to address the placement or housing of such persons. The 18 committee must identify the residents to be served; the 19 need for a facility; options for creating a new facility, 20 expanding an existing facility, or using any alternative 21 facility for the purpose of housing the identified persons; the 22 workforce and training needs for such a facility; the use of 23 protective restraints at such facility; options to qualify a 24 facility for Medicaid reimbursement; cost projections for the 25 recommendations; and other information deemed relevant by the 26 department of inspections and appeals. 27 The committee must provide a report of findings and 28 recommendations to the governor and general assembly by 29 December 15, 2014. 30 -2- LSB 5522HH (3) 85 ad/nh 2/ 2