Bill Text: IA SF93 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act relating to dependent adult abuse investigations in facilities and programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-01-23 - Subcommittee: Garrett, Evans, and Quirmbach. S.J. 169. [SF93 Detail]

Download: Iowa-2023-SF93-Introduced.html
Senate File 93 - Introduced SENATE FILE 93 BY SALMON A BILL FOR An Act relating to dependent adult abuse investigations in 1 facilities and programs. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1135XS (2) 90 pf/rh
S.F. 93 Section 1. Section 235E.2, subsection 6, paragraph a, Code 1 2023, 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 of 17 health and human services of the potential need for a guardian 18 or 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 health and human services in the 23 preparation of the necessary papers to initiate the action and 24 shall appear and represent the department of health and human 25 services at all district court proceedings. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to dependent adult abuse investigations in 30 facilities and programs. 31 The bill amends provisions under Code chapter 235E 32 (dependent adult abuse in facilities and programs) to provide 33 that an investigation of dependent adult abuse in a health 34 care facility or hospital by the department of inspections and 35 -1- LSB 1135XS (2) 90 pf/rh 1/ 2
S.F. 93 appeals (DIA) shall determine if the dependent adult has an 1 existing guardian, conservator, or attorney in fact. If upon 2 completion of an investigation, DIA determines that the best 3 interests of the dependent adult require court action, DIA 4 shall inform any existing guardian, conservator, or attorney 5 in fact of the dependent adult of DIA’s determination. DIA 6 shall also inform any family member or other person for whom 7 the resident has granted permission to have access to the 8 resident’s medical and facility records of the department’s 9 determination. If an existing guardian, conservator, or 10 attorney in fact of the dependent adult refuses to pursue 11 appropriate relief or remedies provided by law for the 12 dependent adult, or if the dependent adult does not have a 13 guardian, conservator, or attorney in fact, DIA shall notify 14 the department of health and human services of the potential 15 need for a guardian or conservator or for admission or 16 commitment of the dependent adult to an appropriate institution 17 or facility pursuant to the applicable procedures under Code 18 chapter 125, 222, 229, or 633, or shall pursue other remedies 19 provided by law. 20 -2- LSB 1135XS (2) 90 pf/rh 2/ 2
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