Bill Text: IA HF2112 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to dependent adult abuse in facilities and programs, and to elder abuse, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-03 - Subcommittee recommends indefinite postponement. Vote Total: 2-0 [HF2112 Detail]
Download: Iowa-2021-HF2112-Introduced.html
House
File
2112
-
Introduced
HOUSE
FILE
2112
BY
SALMON
A
BILL
FOR
An
Act
relating
to
dependent
adult
abuse
in
facilities
and
1
programs,
and
to
elder
abuse,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
235E.2,
subsection
6,
paragraph
a,
Code
1
2022,
is
amended
to
read
as
follows:
2
a.
The
department’s
investigation
shall
determine
if
the
3
resident
has
a
guardian,
conservator,
or
attorney
in
fact.
If,
4
upon
completion
of
an
investigation,
the
department
determines
5
that
the
best
interests
of
the
dependent
adult
require
court
6
action,
the
department
shall
inform
any
existing
guardian,
7
conservator,
or
attorney
in
fact
of
the
dependent
adult
of
the
8
department’s
determination.
The
department
shall
also
inform
9
any
family
member
or
other
person
for
whom
the
resident
has
10
granted
permission
to
have
access
to
the
resident’s
medical
11
and
facility
records
of
the
department’s
determination.
If
12
an
existing
guardian,
conservator,
or
attorney
in
fact
of
13
the
dependent
adult
refuses
to
pursue
appropriate
relief
or
14
remedies
provided
by
law
for
the
dependent
adult,
or
if
the
15
dependent
adult
does
not
have
a
guardian,
conservator,
or
16
attorney
in
fact,
the
department
shall
notify
the
department
17
of
human
services
of
the
potential
need
for
a
guardian
or
18
conservator
or
for
admission
or
commitment
to
an
appropriate
19
institution
or
facility
pursuant
to
the
applicable
procedures
20
under
chapter
125
,
222
,
229
,
or
633
,
or
shall
pursue
other
21
remedies
provided
by
law.
The
appropriate
county
attorney
22
shall
assist
the
department
of
human
services
in
the
23
preparation
of
the
necessary
papers
to
initiate
the
action
and
24
shall
appear
and
represent
the
department
of
human
services
at
25
all
district
court
proceedings.
26
Sec.
2.
Section
235E.2,
subsection
9,
Code
2022,
is
amended
27
to
read
as
follows:
28
9.
a.
A
person
required
by
this
section
to
report
a
29
suspected
case
of
dependent
adult
abuse
pursuant
to
subsection
30
2
who
knowingly
and
willfully
fails
to
do
so
within
twenty-four
31
hours
commits
a
simple
misdemeanor.
32
b.
A
person
required
by
subsection
2
to
report
a
suspected
33
case
of
dependent
adult
abuse
who
knowingly
fails
to
do
so
or
34
who
knowingly
interferes
with
the
making
of
such
a
report
or
35
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applies
a
requirement
that
results
in
such
a
failure
is
civilly
1
liable
for
the
damages
proximately
caused
by
the
failure.
2
c.
A
person
who
reports
or
causes
to
be
reported
false
3
information
regarding
a
suspected
case
of
dependent
adult
abuse
4
pursuant
to
subsection
2,
knowing
that
the
information
is
false
5
or
that
the
abuse
did
not
occur,
commits
a
simple
misdemeanor.
6
Sec.
3.
Section
235F.1,
subsection
5,
paragraph
a,
7
unnumbered
paragraph
1,
Code
2022,
is
amended
to
read
as
8
follows:
9
“Elder
abuse”
means
any
of
the
following
relative
to
a
10
vulnerable
elder
in
all
aspects
of
the
vulnerable
elder’s
life,
11
liberty,
and
property
:
12
Sec.
4.
Section
235F.1,
subsections
8
and
17,
Code
2022,
are
13
amended
to
read
as
follows:
14
8.
“Financial
exploitation”
relative
to
a
vulnerable
elder
15
means
when
a
person
stands
in
a
position
of
trust
or
confidence
16
with
the
vulnerable
elder
and
knowingly
and
by
undue
influence,
17
deception,
coercion,
fraud,
or
extortion,
obtains
control
over
18
or
otherwise
uses
or
diverts
the
benefits,
property,
resources,
19
belongings,
or
assets
of
the
vulnerable
elder
solely
for
the
20
benefit
of
someone
other
than
the
vulnerable
elder
and
not
for
21
the
benefit
of
the
vulnerable
elder.
“Financial
exploitation”
22
includes
alteration
of
a
governing
instrument
by
a
person
who
23
stands
in
a
position
of
trust
or
confidence
with
the
vulnerable
24
elder
.
25
17.
“Vulnerable
elder”
means
a
person
sixty
years
of
age
26
or
older
who
is
unable
to
protect
himself
or
herself
the
27
person’s
self
from
elder
abuse
as
due
to
any
of
the
following
28
circumstances:
29
a.
As
a
result
of
a
mental
or
physical
condition
or
because
.
30
b.
Because
of
a
personal
circumstance
which
results
in
an
31
increased
risk
of
physical,
psychological,
or
financial
harm
32
to
the
person.
Clear
and
convincing
evidence
of
physical,
33
psychological,
or
financial
harm
to
the
person
creates
a
34
rebuttable
presumption
that
the
person
was
unable
to
protect
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the
person’s
self.
1
Sec.
5.
Section
235F.1,
Code
2022,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
8A.
“Governing
instrument”
means
a
4
will;
a
trust;
a
deed;
a
custodianship;
an
insurance
or
5
annuity
policy;
an
account
with
a
designation
for
payment
on
6
death;
a
security
registered
in
beneficiary
form;
a
pension,
7
profit-sharing,
retirement,
or
other
employment-related
benefit
8
plan;
a
family
limited
partnership;
an
instrument
creating
or
9
exercising
a
power
of
attorney;
an
estate
planning
document;
10
or
a
dispositive,
appointment,
or
nominative
instrument
of
any
11
similar
type.
12
Sec.
6.
Section
235F.8,
subsection
1,
Code
2022,
is
amended
13
to
read
as
follows:
14
1.
A
proceeding
under
this
chapter
shall
afford
a
vulnerable
15
elder
due
process
of
law,
shall
be
held
in
accordance
with
the
16
rules
of
civil
procedure,
except
as
otherwise
set
forth
in
this
17
chapter
and
in
chapter
664A
,
and
is
in
addition
to
any
other
18
civil
or
criminal
remedy.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
dependent
adult
abuse
in
facilities
and
23
programs
and
to
elder
abuse.
24
The
bill
amends
provisions
under
Code
chapter
235E
25
(dependent
adult
abuse
in
facilities
and
programs)
to
provide
26
that
an
investigation
of
dependent
adult
abuse
in
a
health
27
care
facility
or
hospital
by
the
department
of
inspections
and
28
appeals
(DIA)
shall
determine
if
the
dependent
adult
has
an
29
existing
guardian,
conservator,
or
attorney
in
fact.
If
upon
30
completion
of
an
investigation,
DIA
determines
that
the
best
31
interests
of
the
dependent
adult
require
court
action,
DIA
32
shall
inform
any
existing
guardian,
conservator,
or
attorney
33
in
fact
of
the
dependent
adult
of
DIA’s
determination.
DIA
34
shall
also
inform
any
family
member
or
other
person
for
whom
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the
resident
has
granted
permission
to
have
access
to
the
1
resident’s
medical
and
facility
records
of
the
department’s
2
determination.
If
an
existing
guardian,
conservator,
or
3
attorney
in
fact
of
the
dependent
adult
refuses
to
pursue
4
appropriate
relief
or
remedies
provided
by
law
for
the
5
dependent
adult,
or
if
the
dependent
adult
does
not
have
a
6
guardian,
conservator,
or
attorney
in
fact,
DIA
shall
notify
7
the
department
of
human
services
of
the
potential
need
for
8
a
guardian
or
conservator
or
for
admission
or
commitment
of
9
the
dependent
adult
to
an
appropriate
institution
or
facility
10
pursuant
to
the
applicable
procedures
under
Code
chapter
125,
11
222,
229,
or
633,
or
shall
pursue
other
remedies
provided
by
12
law.
The
bill
also
provides
that
a
person
who
reports
or
13
causes
to
be
reported
false
information
regarding
a
suspected
14
case
of
dependent
adult
abuse,
knowing
that
the
information
15
is
false
or
that
the
abuse
did
not
occur,
commits
a
simple
16
misdemeanor.
17
With
regard
to
Code
chapter
235F
(elder
abuse),
the
bill
18
amends
the
definition
of
“elder
abuse”
to
include
several
19
actions
taken
relative
to
a
vulnerable
elder
in
all
aspects
of
20
the
vulnerable
elder’s
life,
liberty,
and
property.
21
The
bill
amends
the
definition
of
“financial
exploitation”
22
to
limit
financial
exploitation
to
that
which
is
solely
for
23
the
benefit
of
a
person
other
than
the
vulnerable
elder
and
24
not
for
the
benefit
of
the
vulnerable
elder.
Additionally,
25
under
the
bill,
“financial
exploitation”
includes
alteration
26
of
a
governing
instrument
by
a
person
who
stands
in
a
position
27
of
trust
or
confidence
with
the
vulnerable
elder.
The
bill
28
provides
a
definition
of
“governing
instrument”.
29
The
bill
also
amends
the
definition
of
“vulnerable
elder”
30
to
include
a
person
60
years
of
age
or
older
who
is
unable
to
31
protect
the
person’s
self
from
elder
abuse
due
to
a
personal
32
circumstance
which
results
in
an
increased
risk
of
physical,
33
financial,
or
psychological
harm
to
the
person.
The
bill
34
provides
that
clear
and
convincing
evidence
of
physical,
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