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Senate File 93 - IntroducedA Bill ForAn Act 1relating to dependent adult abuse investigations in
2facilities and programs.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235E.2, subsection 6, paragraph a, Code
22023, is amended to read as follows:
3a. The department’s investigation shall determine if the
4resident has a guardian, conservator, or attorney in fact.If,
5upon completion of an investigation, the department determines
6that the best interests of the dependent adult require court
7action, the department shall inform any existing guardian,
8conservator, or attorney in fact of the dependent adult of the
9department’s determination. The department shall also inform
10any family member or other person for whom the resident has
11granted permission to have access to the resident’s medical
12and facility records of the department’s determination. If
13an existing guardian, conservator, or attorney in fact of
14the dependent adult refuses to pursue appropriate relief or
15remedies provided by law for the dependent adult, or if the
16dependent adult does not have a guardian, conservator, or
17attorney in fact, the department shall notify the department of
18health and human services of the potential need for a guardian
19or conservator or for admission or commitment to an appropriate
20institution or facility pursuant to the applicable procedures
21under chapter 125, 222, 229, or 633, or shall pursue other
22remedies provided by law. The appropriate county attorney
23shall assist the department of health and human services in the
24preparation of the necessary papers to initiate the action and
25shall appear and represent the department of health and human
26services at all district court proceedings.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to dependent adult abuse investigations in
31facilities and programs.
32The bill amends provisions under Code chapter 235E
33(dependent adult abuse in facilities and programs) to provide
34that an investigation of dependent adult abuse in a health
35care facility or hospital by the department of inspections and
-1-1appeals (DIA) shall determine if the dependent adult has an
2existing guardian, conservator, or attorney in fact. If upon
3completion of an investigation, DIA determines that the best
4interests of the dependent adult require court action, DIA
5shall inform any existing guardian, conservator, or attorney
6in fact of the dependent adult of DIA’s determination. DIA
7shall also inform any family member or other person for whom
8the resident has granted permission to have access to the
9resident’s medical and facility records of the department’s
10determination. If an existing guardian, conservator, or
11attorney in fact of the dependent adult refuses to pursue
12appropriate relief or remedies provided by law for the
13dependent adult, or if the dependent adult does not have a
14guardian, conservator, or attorney in fact, DIA shall notify
15the department of health and human services of the potential
16need for a guardian or conservator or for admission or
17commitment of the dependent adult to an appropriate institution
18or facility pursuant to the applicable procedures under Code
19chapter 125, 222, 229, or 633, or shall pursue other remedies
20provided by law.
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2facilities and programs.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235E.2, subsection 6, paragraph a, Code
22023, is amended to read as follows:
3a. The department’s investigation shall determine if the
4resident has a guardian, conservator, or attorney in fact.If,
5upon completion of an investigation, the department determines
6that the best interests of the dependent adult require court
7action, the department shall inform any existing guardian,
8conservator, or attorney in fact of the dependent adult of the
9department’s determination. The department shall also inform
10any family member or other person for whom the resident has
11granted permission to have access to the resident’s medical
12and facility records of the department’s determination. If
13an existing guardian, conservator, or attorney in fact of
14the dependent adult refuses to pursue appropriate relief or
15remedies provided by law for the dependent adult, or if the
16dependent adult does not have a guardian, conservator, or
17attorney in fact, the department shall notify the department of
18health and human services of the potential need for a guardian
19or conservator or for admission or commitment to an appropriate
20institution or facility pursuant to the applicable procedures
21under chapter 125, 222, 229, or 633, or shall pursue other
22remedies provided by law. The appropriate county attorney
23shall assist the department of health and human services in the
24preparation of the necessary papers to initiate the action and
25shall appear and represent the department of health and human
26services at all district court proceedings.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to dependent adult abuse investigations in
31facilities and programs.
32The bill amends provisions under Code chapter 235E
33(dependent adult abuse in facilities and programs) to provide
34that an investigation of dependent adult abuse in a health
35care facility or hospital by the department of inspections and
-1-1appeals (DIA) shall determine if the dependent adult has an
2existing guardian, conservator, or attorney in fact. If upon
3completion of an investigation, DIA determines that the best
4interests of the dependent adult require court action, DIA
5shall inform any existing guardian, conservator, or attorney
6in fact of the dependent adult of DIA’s determination. DIA
7shall also inform any family member or other person for whom
8the resident has granted permission to have access to the
9resident’s medical and facility records of the department’s
10determination. If an existing guardian, conservator, or
11attorney in fact of the dependent adult refuses to pursue
12appropriate relief or remedies provided by law for the
13dependent adult, or if the dependent adult does not have a
14guardian, conservator, or attorney in fact, DIA shall notify
15the department of health and human services of the potential
16need for a guardian or conservator or for admission or
17commitment of the dependent adult to an appropriate institution
18or facility pursuant to the applicable procedures under Code
19chapter 125, 222, 229, or 633, or shall pursue other remedies
20provided by law.
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