Senate File 484 - Reprinted
SENATE FILE
BY COMMITTEE ON GOVERNMENT
OVERSIGHT
(SUCCESSOR TO SSB 1326)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to regulatory requirements involving boarding
2 homes and dependent adults and providing an appropriation and
3 a penalty.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2692SV 83
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PAG LIN
1 1 Section 1. Section 10A.104, subsection 9, Code 2009, is
1 2 amended to read as follows:
1 3 9. Administer and enforce this chapter, and chapters 99B,
1 4 135B, 135C, 135H, 135J, 135O, 137C, 137D, and 137F.
1 5 Sec. 2. Section 91A.9, Code 2009, is amended by adding the
1 6 following new subsection:
1 7 NEW SUBSECTION. 3A. The commissioner shall, in
1 8 consultation with the United States department of labor,
1 9 develop a database of the employers in this state utilizing
1 10 special certificates issued by the United States secretary of
1 11 labor as authorized under 29 U.S.C. } 214, and shall maintain
1 12 the database.
1 13 Sec. 3. NEW SECTION. 135O.1 DEFINITIONS.
1 14 For the purposes of this chapter unless the context
1 15 otherwise requires:
1 16 1. "Boarding home" means a premises used by its owner or
1 17 lessee for the purpose of letting rooms for rental to three or
1 18 more persons not related within the third degree of
1 19 consanguinity to the owner or lessee where supervision or
1 20 assistance with activities of daily living is provided to such
1 21 persons. A boarding home does not include a facility, home,
1 22 or program otherwise subject to licensure or regulation by the
1 23 department of human services, department of inspections and
1 24 appeals, or department of public health.
1 25 2. "Department" means the department of inspections and
1 26 appeals.
1 27 3. "Premises" means the same as defined in section 562A.6.
1 28 Sec. 4. NEW SECTION. 135O.2 REQUIRED REGISTRATION AND
1 29 REPORTING == RULES == PENALTY.
1 30 1. The owner or lessee of a boarding home in this state
1 31 shall register with and submit occupancy reports to the
1 32 department. The content of the required occupancy reports
1 33 shall include but is not limited to the number of individuals
1 34 living in the boarding home and the supervision or assistance
1 35 with activities of daily living being provided to the
2 1 individuals.
2 2 2. The department of inspections and appeals shall adopt
2 3 rules to administer this chapter in consultation with the
2 4 departments of human services and public safety.
2 5 3. a. The owner or lessee of a boarding home who fails to
2 6 register with the department or to timely submit occupancy
2 7 reports required by this section and rules adopted pursuant to
2 8 this chapter is subject to a civil penalty of not more than
2 9 five hundred dollars.
2 10 b. The department may reduce, alter, or waive a penalty
2 11 under paragraph "a" upon the owner's or lessee's showing of
2 12 good faith compliance with the department's request to
2 13 immediately cease and desist from conduct in violation of this
2 14 chapter.
2 15 Sec. 5. NEW SECTION. 135O.3 RESPONSE TO ALLEGATIONS.
2 16 1. If the department or other state agency receives an
2 17 allegation of a violation of this chapter by a boarding home
2 18 or an allegation regarding the care or safety of an individual
2 19 living in a boarding home, a coordinated, interagency approach
2 20 shall be used to respond to the allegation.
2 21 2. a. The interagency approach may involve a
2 22 multidisciplinary team consisting of employees of the
2 23 department of inspections and appeals, the department of human
2 24 services, the state fire marshal, and the division of criminal
2 25 investigation of the department of public safety, or other
2 26 local, state, and federal agencies.
2 27 b. The multidisciplinary team may consult with local,
2 28 state, and federal law enforcement agencies, first responders,
2 29 health and human services professionals, and governmental and
2 30 nongovernmental advocacy organizations, and other appropriate
2 31 persons.
2 32 3. The name of a person who files an allegation shall be
2 33 kept confidential and shall not be subject to discovery,
2 34 subpoena, or other means of legal compulsion for its release
2 35 to a person other than department employees or the members of
3 1 a multidisciplinary team involved in the investigation of the
3 2 allegation.
3 3 4. If the department or a multidisciplinary team has
3 4 probable cause to believe that a boarding home is in violation
3 5 of this chapter or licensing or other regulatory requirements
3 6 of the department of human services, department of inspections
3 7 and appeals, or department of public health, or that dependent
3 8 adult abuse of any individual living in a boarding home has
3 9 occurred, and upon producing proper identification, is denied
3 10 entry to the boarding home or access to any individual living
3 11 in the boarding home for the purpose of making an inspection
3 12 or conducting an investigation, the department or
3 13 multidisciplinary team may, with the assistance of the county
3 14 attorney of the county in which the boarding home is located,
3 15 apply to the district court for an order requiring the owner
3 16 or lessee to permit entry to the boarding home and access to
3 17 the individuals living in the boarding home.
3 18 Sec. 6. NEW SECTION. 135O.4 PUBLIC DISCLOSURE OF
3 19 FINDINGS.
3 20 Following an inspection or investigation of a boarding home
3 21 under this chapter by the department or a multidisciplinary
3 22 team, the final findings with respect to compliance by the
3 23 boarding home shall be made available to the public. Other
3 24 information relating to a boarding home obtained by the
3 25 department or a multidisciplinary team which does not
3 26 constitute the findings from an inspection or investigation of
3 27 the boarding home shall not be made available to the public
3 28 except in proceedings involving the denial, suspension, or
3 29 revocation of a boarding home registration under this chapter.
3 30 Sec. 7. Section 235B.3, subsection 1, paragraph a, Code
3 31 2009, is amended to read as follows:
3 32 a. (1) The department shall receive dependent adult abuse
3 33 reports and shall collect, maintain, and disseminate the
3 34 reports by establishing a central registry for dependent adult
3 35 abuse information. The department shall evaluate the reports
4 1 expeditiously.
4 2 (2) However, the department of inspections and appeals is
4 3 solely responsible for the evaluation and disposition of
4 4 dependent adult abuse cases within facilities and programs
4 5 pursuant to chapter 235E and shall inform the department of
4 6 human services of such evaluations and dispositions pursuant
4 7 to section 235E.2.
4 8 (3) If, in the course of an assessment or evaluation of a
4 9 report of dependent adult abuse, the department of human
4 10 services or the department of inspections and appeals
4 11 determines the case involves wages, workplace safety, or other
4 12 labor and employment matters under the jurisdiction of the
4 13 division of labor services of the department of workforce
4 14 development, the relevant portions of the case shall be
4 15 referred to the division.
4 16 (4) If, in the course of an assessment or evaluation of a
4 17 report of dependent adult abuse, the department of human
4 18 services or the department of inspections and appeals
4 19 determines that the case involves discrimination under the
4 20 jurisdiction of the civil rights commission, the relevant
4 21 portions of the case shall be referred to the commission.
4 22 Sec. 8. Section 235B.9, subsection 2, Code 2009, is
4 23 amended to read as follows:
4 24 2. a. Dependent adult abuse reports that are rejected for
4 25 evaluation, assessment, or disposition for failure to meet the
4 26 definition of dependent adult abuse shall be expunged three
4 27 years from the rejection date.
4 28 b. Dependent adult abuse information which is determined
4 29 by a preponderance of the evidence to be unfounded shall be
4 30 expunged one year five years from the date it is determined to
4 31 be unfounded.
4 32 Sec. 9. NEW SECTION. 235B.16A DEPENDENT ADULTS ==
4 33 DEPENDENCY ASSESSMENTS == INTERAGENCY TRAINING.
4 34 1. The dependent adult protective advisory council
4 35 established pursuant to section 235B.1 shall recommend a
5 1 uniform assessment instrument and process for adoption and use
5 2 by the department of human services and other agencies
5 3 involved with assessing a dependent adult's degree of
5 4 dependency and determining whether dependent adult abuse has
5 5 occurred. However, this section shall not apply to dependent
5 6 adult abuse assessments and determinations made under chapter
5 7 235E.
5 8 2. The instrument and process design under subsection 1
5 9 shall address but is not limited to all of the following:
5 10 a. Evaluation of conformity with applicable federal law
5 11 and regulations on the part of the persons employing, housing,
5 12 or providing services to the dependent adult.
5 13 b. Provision for the final step in the dependency
5 14 assessment of a dependent adult to be a formal assessment of
5 15 the existence of risk to the health or safety of the
5 16 individual or of the degree of the individual's impairment in
5 17 ability under the definition of dependent adult in section
5 18 235B.2.
5 19 c. If the assessment under paragraph "b" determines that a
5 20 risk to the health or safety of the individual exists or the
5 21 individual has a significant impairment in ability, and the
5 22 individual being assessed agrees, provision for a case manager
5 23 to be assigned to assist in preparing and implementing a
5 24 safety plan which includes protective services for the
5 25 individual.
5 26 d. If the assessment under paragraph "b" determines that a
5 27 risk to the health or safety of the individual exists or the
5 28 individual has a significant impairment in ability, the
5 29 individual being assessed does not agree to the safety plan
5 30 provisions under paragraph "c" or accept other services, and
5 31 the options available under sections 235B.17, 235B.18, and
5 32 235B.19 are not utilized, provision for the department of
5 33 human services to maintain periodic contact with the
5 34 individual in accordance with rules adopted for this purpose.
5 35 The purpose of the contact is to assess any increased risk or
6 1 impairment and to monitor the individual's goals, feelings,
6 2 and concerns so that the department can intervene when
6 3 necessary or offer services and other support to maintain or
6 4 sustain the individual's safety and independence when the
6 5 individual is ready to agree to a safety plan or accept
6 6 services.
6 7 3. The department of human services and other agencies
6 8 involved with assessing a dependent adult's degree of
6 9 dependency and whether dependent adult abuse has occurred
6 10 shall adopt rules and take other steps necessary to implement
6 11 the uniform assessment instrument and process addressed by
6 12 this section on or before July 1, 2010.
6 13 4. The department of human services shall cooperate with
6 14 the departments of elder affairs, inspections and appeals,
6 15 public health, public safety, and workforce development, the
6 16 civil rights commission, and other state and local agencies
6 17 performing inspections or otherwise visiting residential
6 18 settings where dependent adults live, to regularly provide
6 19 training to the appropriate staff in the agencies concerning
6 20 each agency's procedures involving dependent adults, and to
6 21 build awareness concerning dependent adults and reporting of
6 22 dependent adult abuse.
6 23 Sec. 10. Section 249A.7, Code 2009, is amended by adding
6 24 the following new unnumbered paragraph:
6 25 NEW UNNUMBERED PARAGRAPH. A Medicaid fraud account is
6 26 created in the general fund of the state under the authority
6 27 of the department of inspections and appeals. Moneys from
6 28 penalties and other amounts received as a result of
6 29 prosecutions involving the department of inspections and
6 30 appeals investigations and audits to ensure compliance with
6 31 the medical assistance program that are not credited to the
6 32 program may be credited to the account. Notwithstanding
6 33 sections 8.33 and 8.39, moneys credited to the account shall
6 34 not revert to any other account or fund and are not subject to
6 35 transfer except as specifically provided by law. The first
7 1 five percent of moneys credited to the account are
7 2 appropriated to the department of inspections and appeals to
7 3 be used for the purposes of meeting federal mandates of that
7 4 department's investigations and audits pertaining to the
7 5 medical assistance program. All remaining moneys in the
7 6 account are appropriated to the department of inspections and
7 7 appeals to be used for costs incurred by the department of
7 8 inspections and appeals or other agencies in providing
7 9 regulation, responding to allegations, or other activity
7 10 involving chapter 135O. The department of inspections and
7 11 appeals and other agencies receiving moneys from the account
7 12 shall provide a joint annual report to the governor and
7 13 general assembly detailing the expenditures from the account
7 14 and activities performed relating to the expenditures.
7 15 SF 484
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