SF 93 (LSB 1135XS (2) 90)

SENATE FILE 93

BY  SALMON

A BILL FOR

An Act relating to dependent adult abuse investigations in facilities and programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 235E.2, subsection 6, paragraph a, Code 2023, is amended to read as follows:
   a.  The department’s investigation shall determine if the resident has a guardian, conservator, or attorney in fact.  If, upon completion of an investigation, the department determines that the best interests of the dependent adult require court action, the department shall inform any existing guardian, conservator, or attorney in fact of the dependent adult of the department’s determination. The department shall also inform any family member or other person for whom the resident has granted permission to have access to the resident’s medical and facility records of the department’s determination. If an existing guardian, conservator, or attorney in fact of the dependent adult refuses to pursue appropriate relief or remedies provided by law for the dependent adult, or if the dependent adult does not have a guardian, conservator, or attorney in fact, the department shall notify the department of health and human services of the potential need for a guardian or conservator or for admission or commitment to an appropriate institution or facility pursuant to the applicable procedures under chapter 125, 222, 229, or 633, or shall pursue other remedies provided by law. The appropriate county attorney shall assist the department of health and human services in the preparation of the necessary papers to initiate the action and shall appear and represent the department of health and human services at all district court proceedings.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to dependent adult abuse investigations in facilities and programs.
   The bill amends provisions under Code chapter 235E (dependent adult abuse in facilities and programs) to provide that an investigation of dependent adult abuse in a health care facility or hospital by the department of inspections and appeals (DIA) shall determine if the dependent adult has an existing guardian, conservator, or attorney in fact. If upon completion of an investigation, DIA determines that the best interests of the dependent adult require court action, DIA shall inform any existing guardian, conservator, or attorney in fact of the dependent adult of DIA’s determination. DIA shall also inform any family member or other person for whom the resident has granted permission to have access to the resident’s medical and facility records of the department’s determination. If an existing guardian, conservator, or attorney in fact of the dependent adult refuses to pursue appropriate relief or remedies provided by law for the dependent adult, or if the dependent adult does not have a guardian, conservator, or attorney in fact, DIA shall notify the department of health and human services of the potential need for a guardian or conservator or for admission or commitment of the dependent adult to an appropriate institution or facility pursuant to the applicable procedures under Code chapter 125, 222, 229, or 633, or shall pursue other remedies provided by law.