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:
  5 HF 2390
  6 pf/es/25

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.
  4 23 HF 2390
  4 24 pf/es/25