House File 170 - Introduced HOUSE FILE 170 BY H. MILLER , STECKMAN , OURTH , BERRY , T. TAYLOR , STAED , FORBES , RUFF , JACOBY , KELLEY , THEDE , BROWN-POWERS , FINKENAUER , WINCKLER , SMITH , GASKILL , KEARNS , McCONKEY , HANSON , ABDUL-SAMAD , ANDERSON , STUTSMAN , and KRESSIG 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 1938YH (4) 86 rh/nh

H.F. 170 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 corrections, 11 inspections and appeals, human services, public health, and 12 aging, the state public defender, the office of ombudsman, the 13 office of long-term care ombudsman, the department of justice, 14 and the 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 1938YH (4) 86 rh/nh 1/ 2

H.F. 170 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, any possible benefits of the implementation 6 of the federal Patient Protection and Affordable Care Act, 7 and other information deemed relevant by the department of 8 inspections and appeals. 9 4. The committee shall provide a report detailing its 10 findings and recommendations to the governor and the general 11 assembly by December 15, 2015. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to housing of elderly persons who 16 are sexually aggressive or combative or who have unmet 17 geropsychiatric needs. The bill directs the department of 18 inspections and appeals, in conjunction with the department 19 of human services, to establish and facilitate a committee 20 to address the placement or housing of such persons. The 21 committee must identify the residents to be served; the 22 need for a facility; options for creating a new facility, 23 expanding an existing facility, or using any alternative 24 facility for the purpose of housing the identified persons; the 25 workforce and training needs for such a facility; the use of 26 protective restraints at such facility; options to qualify a 27 facility for Medicaid reimbursement; cost projections for the 28 recommendations; any possible benefits of the implementation 29 of the federal Patient Protection and Affordable Care Act, 30 and other information deemed relevant by the department of 31 inspections and appeals. 32 The committee must provide a report of findings and 33 recommendations to the governor and general assembly by 34 December 15, 2015. 35 -2- LSB 1938YH (4) 86 rh/nh 2/ 2