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Report from the Older Iowans Legislature Friday May 20, 2022
Members and friends of the Older Iowans Legislature
A quick reminder of the Priority Issues of the Older Iowans Legislature sent to the 2022 session of the Iowa General Assembly:
- Elder Abuse: Establish specific penalties for acts of elder abuse, theft, financial exploitation, consumer frauds, and dependent adult abuse
- Direct Care Workforce: Expansion of direct care worker registry and voluntary public portal of caregivers
- Long-Term Ombudsman: Appropriation of $300,000 to increase the number of long-term care ombudsmen by two and provide for a Discharge and Transition Specialist
- Livable Homes: Appropriation for home modifications or safe at home or Age-In-Place programs language in the Health & Human Services Appropriation bill.
The Older Iowans Legislature is having some success in advocating the OIL Priority Issues to the 2022 session of the Iowa General Assembly.
The major bill of interest to the Older Iowans Legislature in the 2022 session of the Iowa General Assembly is the bill to establish specific penalties for acts of elder abuse, theft, financial exploitation, consumer frauds, and dependent adult abuse.
- Senate File 522 has been passed by both the House and Senate but has NOT YET been sent to the Governor.
Bills of interest to the Older Iowans Legislature that have been passed by both the House and the Senate, have been correctly enrolled, signed by Speaker and President, and signed by Governor:
- House File 2172: A bill for an act relating to violations by a health care facility.
- House File 2155: A bill for an act relating to preneed sellers and purchase agreements for cemetery merchandise, funeral merchandise, and funeral services, providing penalties, and including applicability provisions.
- House File 2521: A bill for an act relating to health care employment agencies, and providing penalties.
Bills of interest to the Older Iowans Legislature that have been passed by both the House and the Senate but have NOT YET been sent to Governor Reynolds for her signature:
- Senate File 522: A bill for an act relating to older individuals and dependent adults and creating certain criminal offenses and civil actions, and providing penalties.
- House File 2252: A bill for an act relating to programs and services under the purview of the department of human services, including child care assistance, child and family services, foster care, and the dependent adult registry.
The Older Iowans Legislature is also monitoring:
- House File 2578: A bill for an act relating to appropriations for health and human services and veterans and including other related provisions and appropriations, providing penalties, and including effective date and retroactive and other
applicability provisions.
- Passed House
- Senate Appropriations Committee recommends passage
- Senate File 348: A bill for an act relating to the opening, administration, and termination of adult and minor guardianships and conservatorships.
- Passed Senate, passed House with amendment
PRIORITY ISSUES OF THE OLDER IOWANS LEGISLATURE IN THE 2022 SESSION OF THE IOWA GENERAL ASSEMBLY:
A QUICK SUMMARY
ELDER ABUSE: Establish specific penalties for acts of elder abuse, theft, financial exploitation, consumer frauds, and dependent adult abuse
- Senate File 522 satisfies the OIL Priority and is close to enactment!
- Senate File 522: A bill for an act relating to older individuals and dependent adults and creating certain criminal offenses and civil actions, and providing penalties.
- March 9. 2021: Senate File 522 passed Senate, yeas 47, nays 0
- March 23, 2022: Amended version of Senate File 522 passed House, yeas 96, nays 0
- April 5,2022: Amended version of Senate File 522 passed Senate, ayes 48, nays 0
- The Older Iowans Legislature has supported Senate File 522 in both the 2021 and the 2022 sessions of the Iowa General Assembly.
- A major goal of the Older Iowans Legislature has been establishing specific penalties for acts of elder abuse, theft, financial exploitation, consumer frauds, and dependent adult abuse and Senate File 255 satisfies that
goal.
- The Older Iowans Legislature has invited Governor Reynolds to sign Senate File 522 into law at a Des Moines metro area senior multi-residence.
- House File 2172: A bill for an act relating to violations by a health care facility
- February 22, 2022: Passed House, yeas 95, nays 0
- April 6, 2022: Passed Senate, yeas 46, nays 0
- May 2, 2022: Reported correctly enrolled, signed by Speaker and President, and sent to Governor
- May 2, 2022: Signed by Governor
- House File 2252: A bill for an act relating to programs and services under the purview of the department of human services including child care assistance, child and family services, foster care, adoption, and the adult abuse registry
- February 22, 2022: Passed House, yeas 95, nays 0
- April 5, 2022: Passed Senate, yeas 48, nays 0
DIRECT CARE WORKFORCE: Expansion of direct care worker registry and voluntary public portal of caregivers
- Direct Care Workforce Registry, as envisioned by Di Findley and her group and as originally supported by the Older Iowans Legislature, seems now to be in danger of fragmentation because the ARPA funds that are now being used for workforce
registry have federal restrictions. Members and friends of the Older Iowans Legislature are urged to continue to closely monitor the progress of direct care workforce registry in 2022.
- House File 2521
- This bill relates to health care employment agencies. The bill defines a health care employment agency (agency) as an agency that contracts with a health care entity in this state to provide agency workers for temporary, temporary-to-hire,
direct hire, or other contract or employee placements.
- March 2, 2022: Passed House, yeas 99, nays 0
- April 5, 2022: Passed Senate, yeas 49, nays 0
- May 17, 2022: Signed by Governor
LONG-TERM CARE OMBUDSMAN: Appropriation of $300,000 to increase the number of long-term care ombudsmen by two and provide for a Discharge and Transition Specialist
-
- House File 2578: A bill for an act relating to appropriations for health and human services and veterans and including other related provisions and appropriations, providing penalties, and including effective date and retroactive
and other applicability date provisions.
- April 5, 2022: Passed House, yeas 60, nays 35
- April 6, 2022: Read first time, referred to Senate Appropriations
- April 12, 2022: Subcommittee: Costello, Edler, and Ragan
- May 18, 2022: Committee report, recommending passage
LIVABLE HOMES: Appropriation for home modifications or safe at home or Age-in-Place programs language in the Health & Human Services Appropriation bill. OIL supports the Livable Homes Program Coalition whose aim is to:
-
- Keep residents in their homes as long as possible
- Return persons to their homes with home modifications
- Support an appropriation request for home modifications or safe at home or Age-In-Place programs language in the Health & Human Services Appropriations bill.
- There are NO bills in the Iowa General Assembly for funding livable homes or home modifications to keep elders in their homes as long as possible
OIL PRIORITY ISSUES AND OTHER BILLS OF INTEREST TO THE OLDER IOWANS LEGISLATURE IN THE 2022 IOWA GENERAL ASSEMBLY:
DATES OF SENATE AND HOUSE ACTIONS
ELDER ABUSE
- Senate File 522 establishes certain crimes against certain older individuals and dependent adults:
- Crime of older individual assault
- Penalties ranging from a simple misdemeanor to a class “D” felony
- Crime of theft against an older individual
- Penalties enhanced by one degree
- Crime of consumer fraud committed against elders
- Changes the existing additional civil penalty
- Criminal penalties for elder abuse ranging from a serious misdemeanor to a class “C” felony
- Crime of financial exploitation of an older individual
- Criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved
- Relocates the criminal penalties for dependent adult abuse as they currently exist from Code chapter 235B (dependent adult abuse) to Code chapter 726 (relating to the protection of the family and dependent persons)
- Senate File 522: A bill for an act relating to older individuals and dependent adults and creating certain criminal offenses and civil actions, and providing penalties.
- “The bill establishes the crime of older individual assault, as defined in Code section708.1, of an older individual, defined in the bill as an individual 60 years of age or older. The bill provides criminal penalties for
older individual assault ranging from a simple misdemeanor to a class ”D” felony depending on the circumstances of the assault.”
- February 28, 2022: Subcommittee: Hite, Anderson and Kaufmann
- March 1, 2022: Subcommittee meeting March 3, 2022 8:30 am
- March 3, 2022: Subcommittee recommends passage. Vote Total: 3-0
- March 15, 2022: Committee report, recommending passage
- March 16, 2022: Placed on calendar
- March 22, 2022: Amendment H-8219 filed
- March 23, 2022: Amendment H-8226 filed
- March 23, 2022: Amendment H-8242 filed
- March 23, 2022: Passed House, yeas 96, nays 0
- March 23, 2022: Immediate message
- March 24, 2022: Message from House, with amendment S-5088
- April 5, 2022: Senate concurred with amendment S-5088
- April 5, 2022: Passed Senate, ayes 48, nays 0
- April 5, 2022: Immediate message
- April 5,2022: Message from Senate
- House File 2172: A bill for an act relating to violations by a health care facility. (Successor to House Study Bill 543)
- “The bill provides that if a facility self-identifies a deficient practice prior to an on-site visit inspection, there has been no complaint filed with DIA related to that specific deficient practice, and the facility corrects
such practice prior to an inspection, no citation shall be issued or fine assessed except for those penalties arising to certain specified Code or administrative code provisions.”
- January 31, 2022: Introduced to Human Resources, placed on calendar
- February 22, 2022: Passed House, yeas 95, 0 nays
- February 22, 2022: Immediate message
- February 23, 2022: Message from House
- February 23, 2022: Read first time, attached to similar Senate File 2168
- March 17, 2022: Placed on calendar under unfinished business
- April 6, 2022: Substituted for Senate File 2168
- April 6, 2022: Passed Senate, yeas 46, nays 0
- April 6, 2022: Immediate message
- April 6, 2022: Message from Senate
- May 2, 2022: Reported correctly enrolled, signed by Speaker and President and sent to Governor
- May 2, 2022: Signed by Governor
- House File 2252: A bill for an act relating to programs and services under the purview of the department of human services including child care assistance, child and family services, foster care, adoption, and the dependent adult abuse
registry. (Successor to House Study Bill 616)
- “The bill authorizes a bank, savings association, credit union, security administrator, broker-dealer, investment advisor, financial advisor, other financial institution, the commissioner of insurance, or the commissioner’s
deputy, and the social security administration to have access to founded dependent adult abuse information of a dependent adult if deemed necessary by DHS to protect the dependent adult’s resources.”
- February 3, 2022: Introduced to Human Resources Committee, placed on calendar
- February 21, 2022: Amendment H-8054 filed
- February 22, 2022: Fiscal note
- February 22, 2022: Amendment H-8054 adopted
- February 22: 2022: Passed House, yeas 95, 0 nays
- February 22, 2022: Immediate message
- February 23, 2022: Message from House
- February 23, 2022: Read first time, attached to companion Senate File 2171
- March 17, 2022: Placed on calendar under unfinished business
- April 5, 2022: Passed Senate, yeas 48, nays 0
- April 5, 2022: Message from Senate
DIRECTCARE WORKFORCE
- House File 2521: A bill for an act relating to health care employment agencies, and providing penalties. (Formerly House File 2371 and House Study Bill 638)
- “This bill relates to health care employment agencies. The bill defines a health care employment agency (agency) as an agency that contracts with a health care entity in this state to provide agency workers for temporary,
temporary-to-hire, direct hire, or other contract or employee placements.”
- February 23, 2022: Introduced, placed on Ways and Means calendar
- March 1, 2022: Amendment H-8103 filed
- March 2, 2022: Passed House, yeas 99, 0 nays
- March 2, 2022: Immediate message
- March 2, 2022: Message from House
- March 2, 2022: Read first time, attached to Senate File 2210
- March 17, 2022: Placed on calendar under unfinished business
- March 22, 2022: Substituted for Senate File 2210
- March 22: 2022: Passed Senate, yeas 49, nays 0
- March 22, 2022: Message from Senate
- May 17, 2022: Reported correctly enrolled, signed by Speaker and President, and sent to Governor
- May 17, 2022: Signed by Governor
LONG-TERM CARE OMBUDSMAN
- House File 2578: A bill for an act relating to appropriations for health and human services and veterans and including other related provisions and appropriations, providing penalties, and including effective date and retroactive and other
applicability date provisions.
- “Sec. 2. OFFICE OF LONG-TERM CARE OMBUDSMAN. There is appropriated from the general fund of the state to the office of the long-term care ombudsman for the fiscal year beginning July 1, 2022 and ending June 30, 2023, the
following amount, or as much as is necessary, to be used for the purposes designated:
- For salaries, support, administration, maintenance, and miscellaneous purposes, and not for more than the following full-time equivalent positions: $1,449,821”
- March 29, 2022: Introduced, placed on Appropriations calendar
- April 1, 2022: Clarification from Angela Van Pelt, Long-Term Care Ombudsman:
- “I just wanted to clarify that the House Bill” (House File 2578) “appropriates $300,000 for Long-Term Care Ombudsman which is our legislative ask. I am excited about this…”
- April 4, 2022: Amendments H-8312 and H-8316 filed
- April 5, 2022: Amendments H-8323 through H-8334 filed
- April 5, 2022: Passed House, yeas 60, nays 35
- April 5, 2022: Immediate message
- April 6, 2022: Message from House
- April 6, 2022:Read first time, referred to Appropriations
- April 12, 2022: Subcommittee, Costello, Edler, and Ragan
- May 18, 2022: Committee report, recommending passage
LIVABLE HOMES
- There are NO bills in the Iowa General Assembly for funding livable homes or home modifications to keep elders in their homes as long as possible
GUARDIANSHIPS AND CONSERVATORSHIPS
- Senate File 348: A bill for an act relating to the opening, administration, and termination of adult and minor guardianships and conservatorships. (Formerly Senate File 31)
- March 8, 2021: Passed Senate, yeas 47, nays 0
- March 8, 2021: Read first time in House, referred to Judiciary
- February 23, 2022: Judiciary subcommittee: Hite, Holt , and Prichard
- March 1, 2022: Subcommittee recommends passage
- March 9, 2022: Committee report, recommending passage, placed on calendar
- March 23, 2022: Placed on calendar under unfinished business
- March 28, 2022: Amendment H-8269 filed
- March 30, 2022: Amendment H-82769 adopted as amended
- March 30, 2022: Passed House, yeas 87, nays 6
- March 30, 2022: Immediate message
- March 31, 2022: Message from House, with amendment S-5111
CEMETERY MERCHANDISE, FUNERAL MERCHANDISE, FUNERAL SERVICES
- House File 2155: A bill for an act relating to preneed sellers and purchase agreements for cemetery merchandise, funeral merchandise, and funeral services, providing penalties, and including applicability provisions. (Formerly House Study
Bill 546).
- “The bill provides that an agreement shall not be sold or transferred as part of the sale of a business, or the assets of a business, until the seller of the business (seller) has provided the buyer of the business (buyer)
with copies of all agreements to be assumed by the buyer, as well as the additional information detailed in the bill.”
- January 28, 2022: Introduced to Commerce, placed on calendar
- February 21, 2022: Passed House, yeas 95, 0 nays
- February 21, 2022: Immediate message
- February 22, 2022: Message from House
- February 22, 2022: Read first time, attached to companion Senate File 2194
- March 17, 2022: Placed on calendar under unfinished business
- April 5, 2022: Substituted for Senate File 2194
- April 5, 2022: Passed Senate, yeas 48, nays 0
- April 5, 2022: Immediate message
- April 5, 2022: Message from Senate
- May 2, 2022: Reported correctly enrolled, signed by Speaker and President, and sent to Governor
- May 2. 20022: Signed by Governor
Ron Jome
Secretary, Older Iowans Legislature