Senate approves dependent adult changes

DES MOINES -- The Senate voted unanimously Wednesday to approve legislation intended to prevent dependent adult abuse and strengthen the state's response when allegations of potential mistreatment arise.

Senate File 484, which passed on a 50-0 verdict, contained a number of recommendations from a state task force formed by Gov. Chet Culver after 21 men with mental retardation were removed from a bunkhouse in Atalissa with boarded up windows and no central heating system.

Provisions of the measure included requiring annual registration of boarding homes, establishing regulatory requirements for boarding homes and dependent adults, and mandating improved record keeping of abuse allegations. The legislation also proposed reforms within the Department of Human Services and the Department of Inspections and Appeals on the process for taking complaints and how to consistently apply definitions of dependent adults.

“It is a good first step to resolving many of the issues brought to light by the misfortunate events in Atalissa,” said Sen. Rich Olive, D-Story City.

“As chair of the Senate Government Oversight hearing, I've worked for legislation that will better protect adults in similar situations and prevent another “Atalissa” from happening again.

“I believe Senate File 484 does just that,” he added. “It does so by tightening state supervision of employers allowed to pay below the minimum wage, increases reporting requirements and state inspections of boarding housing, and provides funding to accomplish these measures.”

John McCalley, head of the state Department of Elder Affairs who chaired the task force, applauded the Senate's action as a “solid, progressive” step to close some of the regulatory gaps brought to light by the Atalissa bunkhouse situation.

The men, who are considered dependent adults, had been working for Henry's Turkey Service and reportedly turned over a portion of their wages for room and board. Some of the men were found to have been malnourished and had severe dental problems after they were moved into alternative homes by state officials.

Senate File 484, which now moves to the House, requires the owner or lessee of a boarding home to register with and submit occupancy rates to the state Department of Inspections and Appeals. A boarding home is defined as a premises used by an owner or lessee for the purpose of renting rooms to three or more unrelated persons where supervision or assistance with activities of daily living is provided.

 If an allegation of a violation by the boarding home is reported regarding the care or safety of an individual living in a boarding home, then state officials are required to implement a coordinated, interagency approach to respond to the allegations.

If officials determine the case involves various labor and employment matters, the inspections agency is required to refer that portion to the state Department of Workforce Development.

The bill increases the period of time that information determined to be unfounded is held from one year to five years. It also establishes the Dependant Adult Protective Advisory Council and creates a Medicaid fraud account to cover regulatory costs and responses to allegations from penalties levied from fraud investigations and other sources.