Bill Text: IA HF170 | 2015-2016 | 86th General Assembly | Introduced

---

Bill Title: A bill for an act relating to elderly persons with aggressive or psychiatric behaviors in long-term care facilities.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2015-02-10 - Subcommittee, Fry, McConkey, and Stanerson. H.J. 296. [HF170 Detail]

Download: Iowa-2015-HF170-Introduced.html

---

House File 170 - Introduced




                                 HOUSE FILE       
                                 BY  H. MILLER, STECKMAN,
                                     OURTH, BERRY,
                                     T. TAYLOR, STAED,
                                     FORBES, RUFF, JACOBY,
                                     KELLEY, THEDE,
                                     BROWN=POWERS,
                                     FINKENAUER, WINCKLER,
                                     SMITH, GASKILL,
                                     KEARNS, McCONKEY,
                                     HANSON, ABDUL=SAMAD,
                                     ANDERSON, STUTSMAN,
                                     and KRESSIG

                                      A BILL FOR

  1 An Act relating to elderly persons with aggressive or
  2    psychiatric behaviors in long=term care facilities.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1938YH (4) 86
    rh/nh

PAG LIN



  1  1    Section 1.  FACILITY FOR ELDERLY PERSONS WITH AGGRESSIVE OR
  1  2 PSYCHIATRIC BEHAVIORS ==== COMMITTEE ==== REPORT.
  1  3    1.  The department of inspections and appeals, in
  1  4 conjunction with the department of human services, shall
  1  5 establish and facilitate a committee of stakeholders to examine
  1  6 options for designating a facility to provide care for elderly
  1  7 persons in this state who are sexually aggressive, combative,
  1  8 or have unmet geropsychiatric needs.
  1  9    2.  The membership of the committee shall include but is not
  1 10 limited to the following:
  1 11    a.  Representatives of the departments of corrections,
  1 12 inspections and appeals, human services, public health, and
  1 13 aging, the state public defender, the office of ombudsman, the
  1 14 office of long=term care ombudsman, the department of justice,
  1 15 and the judicial branch.
  1 16    b.  Consumers of services provided by long=term care
  1 17 facilities and family members of consumers.
  1 18    c.  Long=term care facility administrators or owners.
  1 19    d.  Direct care workers employed by long=term care
  1 20 facilities.
  1 21    e.  Representatives from Iowa legal aid.
  1 22    f.  Representatives from AARP Iowa.
  1 23    g.  Representatives from the Iowa civil liberties union.
  1 24    h.  Other stakeholders as the department of inspections and
  1 25 appeals and the department of human services deem appropriate.
  1 26    3.  The committee shall discuss whether a long=term care
  1 27 facility, as defined in section 142D.2, should have the
  1 28 ability to refuse admission to, or discharge, residents who are
  1 29 sexually aggressive, combative, or have unmet geropsychiatric
  1 30 needs.  The committee shall consider options for establishment
  1 31 of a facility to provide care for persons who are sexually
  1 32 aggressive, combative, or have unmet geropsychiatric needs.
  1 33 The committee shall identify the characteristics of residents
  1 34 for such a facility, options for creating a new facility to
  1 35 house such residents, options for the expansion of an existing
  2  1 facility to house such residents, options for using any
  2  2 alternative facilities for such residents, the workforce and
  2  3 training necessary for the workforce in such facility, the use
  2  4 of protective restraints at such facility, options to qualify a
  2  5 facility for Medicaid reimbursement, cost projections for any
  2  6 recommendations, any possible benefits of the implementation
  2  7 of the federal Patient Protection and Affordable Care Act,
  2  8 and other information deemed relevant by the department of
  2  9 inspections and appeals.
  2 10    4.  The committee shall provide a report detailing its
  2 11 findings and recommendations to the governor and the general
  2 12 assembly by December 15, 2015.
  2 13                           EXPLANATION
  2 14 The inclusion of this explanation does not constitute agreement with
  2 15 the explanation's substance by the members of the general assembly.
  2 16    This bill relates to housing of elderly persons who
  2 17 are sexually aggressive or combative or who have unmet
  2 18 geropsychiatric needs.  The bill directs the department of
  2 19 inspections and appeals, in conjunction with the department
  2 20 of human services, to establish and facilitate a committee
  2 21 to address the placement or housing of such persons.  The
  2 22 committee must identify the residents to be served; the
  2 23 need for a facility; options for creating a new facility,
  2 24 expanding an existing facility, or using any alternative
  2 25 facility for the purpose of housing the identified persons; the
  2 26 workforce and training needs for such a facility; the use of
  2 27 protective restraints at such facility; options to qualify a
  2 28 facility for Medicaid reimbursement; cost projections for the
  2 29 recommendations; any possible benefits of the implementation
  2 30 of the federal Patient Protection and Affordable Care Act,
  2 31 and other information deemed relevant by the department of
  2 32 inspections and appeals.
  2 33    The committee must provide a report of findings and
  2 34 recommendations to the governor and general assembly by
  2 35 December 15, 2015.
       LSB 1938YH (4) 86
       rh/nh