House File 2390
HOUSE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO HSB 521)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act making technical changes to programs under the purview of
2 the department of human services, providing an effective date,
3 and providing for retroactive applicability.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 235B.3, subsections 2 and 3, Code
1 2 Supplement 2003, are amended to read as follows:
1 3 2. All of the following persons shall report suspected
1 4 dependent adult abuse to the department:
1 5 a. A social worker.
1 6 b. A certified psychologist.
1 7 c. a. A person who, in the course of employment, examines,
1 8 attends, counsels, or treats a dependent adult and reasonably
1 9 believes the dependent adult has suffered abuse, including:
1 10 (1) A member of the staff of a community mental health
1 11 center, a member of the staff of a hospital, a member of the
1 12 staff or employee of a public or private health care facility
1 13 as defined in section 135C.1.
1 14 (2) A peace officer.
1 15 (3) An in=home homemaker=home health aide.
1 16 (4) An individual employed as an outreach person.
1 17 (5) A health practitioner, as defined in section 232.68.
1 18 (6) A member of the staff or an employee of a supported
1 19 community living service, sheltered workshop, or work activity
1 20 center.
1 21 (7) A social worker.
1 22 (8) A certified psychologist.
1 23 d. b. A person who performs inspections of elder group
1 24 homes for the department of inspections and appeals and a
1 25 resident advocate committee member assigned to an elder group
1 26 home pursuant to chapter 231B.
1 27 3. a. If a staff member or employee is required to report
1 28 pursuant to this section, the person shall immediately notify
1 29 the person in charge or the person's designated agent, and the
1 30 person in charge or the designated agent shall make the report
1 31 by the end of the next business day.
1 32 b. The employer or supervisor of a person who is required
1 33 to or may make a report pursuant to this section shall not
1 34 apply a policy, work rule, or other requirement that
1 35 interferes with the person making a report of dependent adult
2 1 abuse or that results in the failure of another person to make
2 2 the report.
2 3 Sec. 2. Section 252B.9, Code 2003, is amended by adding
2 4 the following new subsection:
2 5 NEW SUBSECTION. 4. Nothing in this chapter, chapter 252A,
2 6 252C, 252D, 252E, 252F, 252G, 252H, 252I, 252J, or 252K, or
2 7 any other comparable chapter or law shall preclude the unit
2 8 from exchanging any information, notice, document, or
2 9 certification with any government or private entity, if the
2 10 exchange is not otherwise prohibited by law, through mutually
2 11 agreed upon electronic data transfer rather than through other
2 12 means.
2 13 Sec. 3. Section 252H.8, subsection 4, paragraph b, Code
2 14 2003, is amended to read as follows:
2 15 b. The return of service, acceptance of service, or signed
2 16 statement by the parent requesting review and adjustment or
2 17 requesting modification, waiving service of the notice.
2 18 Sec. 4. Section 252H.15, subsection 2, Code 2003, is
2 19 amended to read as follows:
2 20 2. Notice shall be served upon each parent in accordance
2 21 with the rules of civil procedure, except that a parent
2 22 requesting a review pursuant to section 252H.13 may shall
2 23 waive the right to personal service of the notice in writing
2 24 and accept service by regular mail. If the service by regular
2 25 mail does not occur within ninety days of the written waiver
2 26 of personal service, personal service of the notice is
2 27 required unless a new waiver of personal service is obtained.
2 28 Sec. 5. Section 252H.19, subsection 2, unnumbered
2 29 paragraph 1, Code 2003, is amended to read as follows:
2 30 The notice shall be served upon each parent in accordance
2 31 with the rules of civil procedure, except that a parent
2 32 requesting modification shall, at the time of the request,
2 33 waive the right to personal service of the notice in writing
2 34 and accept service by regular mail. The unit shall adopt
2 35 rules pursuant to chapter 17A to ensure that all of the
3 1 following are included in the notice:
3 2 Sec. 6. Section 252J.5, subsection 3, Code 2003, is
3 3 amended to read as follows:
3 4 3. Following issuance of a certificate of noncompliance,
3 5 if the obligor enters into a written agreement with the unit,
3 6 the unit shall issue a withdrawal of the certificate of
3 7 noncompliance to any appropriate licensing authority and shall
3 8 forward a copy of the withdrawal by regular mail to the
3 9 obligor and any appropriate licensing authority.
3 10 Sec. 7. Section 252J.6, subsection 2, paragraph a, Code
3 11 2003, is amended to read as follows:
3 12 a. That a copy of the certificate of noncompliance or
3 13 withdrawal of the certificate of noncompliance has been
3 14 provided to the licensing authorities named in the notice
3 15 provided pursuant to section 252J.3.
3 16 Sec. 8. Section 252J.7, subsection 1, Code 2003, is
3 17 amended to read as follows:
3 18 1. If the individual fails to respond to the notice of
3 19 potential license sanction provided pursuant to section 252J.3
3 20 or the unit issues a written decision under section 252J.6
3 21 which states that the individual is not in compliance, the
3 22 unit shall certify, in writing, issue a certificate of
3 23 noncompliance to any appropriate licensing authority that the
3 24 support obligor is not in compliance with a support order or
3 25 the individual is not in compliance with a subpoena or warrant
3 26 and shall include a copy of the certificate of noncompliance.
3 27 Sec. 9. ADOPTION SUBSIDY PROGRAM == ACTIVITY == INTERIM
3 28 STUDY COMMITTEE.
3 29 1. Unless the general assembly enacts legislation to allow
3 30 changes in the adoption subsidy program during the 2004
3 31 session of the general assembly, effective January 1, 2004,
3 32 and ending June 30, 2005, the department of human services
3 33 shall not adopt rules or implement policies that reduce the
3 34 overall subsidy outlays or other financial assistance provided
3 35 to a recipient of an adoption subsidy, but shall continue to
4 1 apply the adoption subsidy program rules and policies in
4 2 effect on December 31, 2003.
4 3 2. The legislative council is requested to establish an
4 4 interim study committee to review the adoption subsidy
4 5 program, which includes a review of current practices
4 6 regarding the determination of subsidy levels, disparities in
4 7 subsidy levels among regions of the state, program costs and
4 8 benefits, the fiscal and programmatic impact of projected
4 9 future program growth, and quantification of savings in other
4 10 programs and services resulting from the utilization of the
4 11 adoption subsidy program. The committee shall seek input from
4 12 the department of human services, adoptive parents and others
4 13 with experience or expertise with the adoption subsidy program
4 14 and related services and supports. The interim committee
4 15 shall submit a report of its findings and recommendations to
4 16 the general assembly no later than December 1, 2004.
4 17 Sec. 10. EFFECTIVE DATE == RETROACTIVE APPLICABILITY. The
4 18 section of this Act relating to application of adoption
4 19 subsidy program rules and policies effective on December 31,
4 20 2003, and a legislative study, being deemed of immediate
4 21 importance, takes effect upon enactment and is retroactively
4 22 applicable to January 1, 2004.
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