Senate
File
93
-
Introduced
SENATE
FILE
93
BY
SALMON
A
BILL
FOR
An
Act
relating
to
dependent
adult
abuse
investigations
in
1
facilities
and
programs.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1135XS
(2)
90
pf/rh
S.F.
93
Section
1.
Section
235E.2,
subsection
6,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
The
department’s
investigation
shall
determine
if
the
3
resident
has
a
guardian,
conservator,
or
attorney
in
fact.
If,
4
upon
completion
of
an
investigation,
the
department
determines
5
that
the
best
interests
of
the
dependent
adult
require
court
6
action,
the
department
shall
inform
any
existing
guardian,
7
conservator,
or
attorney
in
fact
of
the
dependent
adult
of
the
8
department’s
determination.
The
department
shall
also
inform
9
any
family
member
or
other
person
for
whom
the
resident
has
10
granted
permission
to
have
access
to
the
resident’s
medical
11
and
facility
records
of
the
department’s
determination.
If
12
an
existing
guardian,
conservator,
or
attorney
in
fact
of
13
the
dependent
adult
refuses
to
pursue
appropriate
relief
or
14
remedies
provided
by
law
for
the
dependent
adult,
or
if
the
15
dependent
adult
does
not
have
a
guardian,
conservator,
or
16
attorney
in
fact,
the
department
shall
notify
the
department
of
17
health
and
human
services
of
the
potential
need
for
a
guardian
18
or
conservator
or
for
admission
or
commitment
to
an
appropriate
19
institution
or
facility
pursuant
to
the
applicable
procedures
20
under
chapter
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
21
remedies
provided
by
law.
The
appropriate
county
attorney
22
shall
assist
the
department
of
health
and
human
services
in
the
23
preparation
of
the
necessary
papers
to
initiate
the
action
and
24
shall
appear
and
represent
the
department
of
health
and
human
25
services
at
all
district
court
proceedings.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
relates
to
dependent
adult
abuse
investigations
in
30
facilities
and
programs.
31
The
bill
amends
provisions
under
Code
chapter
235E
32
(dependent
adult
abuse
in
facilities
and
programs)
to
provide
33
that
an
investigation
of
dependent
adult
abuse
in
a
health
34
care
facility
or
hospital
by
the
department
of
inspections
and
35
-1-
LSB
1135XS
(2)
90
pf/rh
1/
2
S.F.
93
appeals
(DIA)
shall
determine
if
the
dependent
adult
has
an
1
existing
guardian,
conservator,
or
attorney
in
fact.
If
upon
2
completion
of
an
investigation,
DIA
determines
that
the
best
3
interests
of
the
dependent
adult
require
court
action,
DIA
4
shall
inform
any
existing
guardian,
conservator,
or
attorney
5
in
fact
of
the
dependent
adult
of
DIA’s
determination.
DIA
6
shall
also
inform
any
family
member
or
other
person
for
whom
7
the
resident
has
granted
permission
to
have
access
to
the
8
resident’s
medical
and
facility
records
of
the
department’s
9
determination.
If
an
existing
guardian,
conservator,
or
10
attorney
in
fact
of
the
dependent
adult
refuses
to
pursue
11
appropriate
relief
or
remedies
provided
by
law
for
the
12
dependent
adult,
or
if
the
dependent
adult
does
not
have
a
13
guardian,
conservator,
or
attorney
in
fact,
DIA
shall
notify
14
the
department
of
health
and
human
services
of
the
potential
15
need
for
a
guardian
or
conservator
or
for
admission
or
16
commitment
of
the
dependent
adult
to
an
appropriate
institution
17
or
facility
pursuant
to
the
applicable
procedures
under
Code
18
chapter
125,
222,
229,
or
633,
or
shall
pursue
other
remedies
19
provided
by
law.
20
-2-
LSB
1135XS
(2)
90
pf/rh
2/
2